WASHINGTON — The Federal Railroad Administration has released its long-anticipated rule proposal to require two-person crews for trains, drawing predictable, and strong, reactions from railroads (which are opposed), and unions (which are in favor).
The Notice of Proposed Rulemaking would require two-person crews except for “certain low risk operations and circumstances where mitigating measures are in place to protect railroad employees, the public, and the environment.” It would also allow railroads to petition the FRA to continue legacy operations with one-person crews or to receive approval for new operations with fewer than two crew members.
Transportation Secretary Pete Buttigieg said the rule “will improve safety for America’s rail passengers — and rail workers — across the country,” while FRA Administrator Amit Bose said the agency is “committed to data-driven decision making” and that railroads will have an opportunity to operate with less than two crew members if they “perform a rigorous, thorough, and transparent risk assessment and hazard analysis, and FRA will provide an opportunity for public comment on these submissions.”
The FRA said the proposal would enhance safety by creating a uniform national standard in place of “the existing patchwork of state laws.”
The Association of American Railroads, the rail industry trade group, said in a statement that the proposed rule is a “misguided, political proposal that would stand in the way of future progress in the industry,” arguing it will put railroads at a competitive disadvantage to other modes of transportation.. AAR CEO Ian Jefferies said “there is no plausible safety justification for regulating the number of individuals physically located inside the cab of a locomotive.”
Meanwhile, Greg Regan, president of the Transportation Trades Department of the ALF-CIO, said the proposed rule “acknowledges that crew size is fundamentally a safety issue at its core. By creating a federal standard across the industry, the FRA can address the significant safety concerns presented by railroads operating with single person crews.”
The American Short Line and Regional Railroad Association also issued a statement opposing the rule, calling it an “ill-conceived, ill-timed, and unnecessary … mandate that would hinder the efficient operations of some small-business railroads, snarl the supply chain, and stifle innovation well into the future.” The ASLRRA said it plans to formally respond and outline “the many negative impacts” the rule would have on short lines.
The FRA will accept comments on the proposed rule to docket FRA-2021-0032 at the government’s regulations website. Comments will be accepted through Sept. 26.
— Updated at 6:45 p.m. CDT to include ASLRRA statement.
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