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After receiving over 13,500 written comments during a public comment period of 146 days, in addition to all the testimonies from a one-day public hearing on Dec. 14, 2022, the Federal Rail Administration (FRA) finalized the two-person crew rule on April 2, 2024.

"Common sense tells us that large freight trains, some of which can be over three miles long, should have at least two crew members on board and now there's a federal regulation in place to ensure trains are safely staffed," said U.S. Transportation Secretary Pete Buttigieg in an April 2 news release from the FRA. "This rule requiring safe train crew sizes is long overdue, and we are proud to deliver this change that will make workers, passengers and communities safer."

"The volume of comments from rail workers and their families, as well as comments from the general public impacted by long trains and other issues, raised legitimate safety concerns that railroads, on their own, have not been able to adequately address," said FRA Administrator Amit Bose. "Today's final rule acknowledges the important role both crewmembers play in the safe operations of trains, and it comes at a time when the latest annual data reflects some troubling trends that demonstrate the need to improve safety. FRA is taking proactive steps to protect the public, workers, and communities where trains operate across the country."

A second crew member performs important safety functions that could be lost when reducing crew size to a single person. Without the final rule, railroads could initiate single-crew operations without performing a rigorous risk assessment, mitigating known risks or even notifying FRA. "The final rule closes this loophole by establishing minimum standards and a federal oversight process to empower communities and railroad workers to make their voices heard," said the FRA.

"The final rule codifies train crew staffing rules at a federal level, ensuring that freight and passenger rail operations are governed by consistent safety rules in all states. In addition, the final rule contains some differences from the initial notice of proposed rulemaking in how it treats freight railroads, especially Class II and III freight railroads. In limited cases, the rule permits exceptions for smaller railroads to continue or initiate certain one-person train crew operations by notifying FRA and complying with new federal safety standards," added the FRA.

FOUR RAILROADS WANT RULE ABOLISHED

During the week of April 8, Union Pacific, BNSF and short-line railroads Indiana Railroad and Florida East Coast Railway asked a federal appeals court to throw out the two-person crew rule, calling the mandate "arbitrary, capricious and an illegal abuse of discretion," according to the Associated Press.

In a statement released to the media, Union Pacific said, "This rule, which lacks any data showing two people in a cab are safer than one, hinders our ability to compete in a world where technology is changing the transportation industry and prevents us from preparing our workforce for jobs of the future."

In an April 2 press release, Association of American Railroads (AAR) president and CEO Ian Jefferies said, "FRA is doubling down on an unfounded and unnecessary regulation that has no proven connection to rail safety. Instead of prioritizing data-backed solutions to build a safer future for rail, FRA is looking to the past and upending the collective bargaining process."

Rail carriers prioritize data-driven safety improvements through extensive employee training and private investments in technology and infrastructure. These actions have driven tangible results. The casualty rate for Class I railroad employees has dropped by 63% since 2000 -- reaching an all-time low in 2023 -- and the overall train accident rate is down 27% since 2000 and 6% since 2022. Each year, railroads devote billions to enhance their infrastructure, deploy safety technologies and invest in their employees to help the industry deliver safely and reliably into the future, according to the AAR press release.

Jefferies added, "Railroads are committed to working with our union counterparts and policymakers to build on this momentum and advance proven solutions that meaningfully advance safety. Unfortunately, the crew size rule takes the industry in the exact opposite direction."

The head of the Brotherhood of Locomotive Engineers and Trainmen (BLET) union Eddie Hall said this legal challenge is just another sign the railroads "place profits over safety." For the past 13 years, the union has advocated for a federal rule requiring that trains be staffed by a minimum of one certified engineer and a certified conductor, Hall noted on the BLET website on April 2.

"We also have repeatedly tried to reason across the bargaining table for railroads to adopt these minimum staffing requirements. As trains, many carrying hazardous material, have grown longer, crews should not be getting smaller. I personally have operated freight trains that stretched over three miles in length."

Hall also pointed out that 11 states have now instituted a two-person crew requirement. "Rail safety legislation now pending in the U.S. Senate also calls for a minimum of two people operating a freight train. Today's (April 2) announcement is an important step in making railroading safer in every state, rather than a piecemeal approach."

The final two-person crew rule as published in the Federal Register on April 9, 2024: https://railroads.dot.gov/…

AAR crew size fact sheet: https://www.aar.org/…

Mary Kennedy can be reached at Mary.Kennedy@dtn.com.

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