The Association of American Railroads has submitted comments to the Federal Railroad Administration in response to a July 15 public hearing, once again urging the administration to withdraw its proposed mandate for two-person crews on railroads.
The Association of American Railroads has submitted comments to the Federal Railroad Administration once again urging the administration to withdraw its proposed mandate for two-person crews on railroads. The industry association’s comments were submitted in response to a July 15 public hearing on the proposed rule.
Proponents of the proposed regulations, which include transportation unions and labor groups, argue the two-person crew mandate promotes safety by closing existing loopholes permitting freight railroads to deploy single crew operations.
Edward Wytkind, president of the Transportation Trades Department of AFL-CIO, in his July testimony called the concept of operating a freight train with just one crewmember “absurd,” recommending the FRA go even further in its final rule. He and John Risch, national legislative director of the SMART Transportation Division (SMART-TD), urged the administration to strengthen the proposed rule in its final form, as it does not specify that the crew members must be a certified engineer and conductor.
“Operating a freight train isn’t a walk in the park. It’s a complex task that requires at least two skilled, qualified individuals,” said Risch, who worked as a freight engineer for 30 years. “Conductors and engineers rely on each other to make sure operating procedures are completed correctly, and safely. Their teamwork is vital not only to their safety, but the public’s safety.”
AAR, however, continues to maintain the rule places additional staffing burdens on its railroad members without any concrete evidence to suggest it will improve safety.
“The simple fact is that no data exist showing two-person crews will enhance safety,” AAR President and CEO Edward R. Hamberger said in a statement. “The FRA needs to be fully transparent in disclosing the sources it has relied on during this rulemaking process. Until the agency can provide any hard evidence to make its case, it should abandon this misguided proposal.”
The association noted it sent a letter to the FRA on May 20 in which it asked for five specific categories of data surrounding the regulations, but has not received a response. AAR also said the FRA is currently funding a study at Duke University to examine any correlation between crew size and safety.
“The fact that the government continues to investigate this question — at the same time it has proposed a rule based on the assumption that there is a correlation between crew size and safety — raises serious concerns, and further underscores the absence of evidence supporting the proposed rule,” the group said in its comments. “At a minimum, the FRA should refrain from issuing a final rule until it has the results of the work it commissioned, and has made those results publicly available.”
“It is somewhat puzzling why the FRA would go forward with this proposed measure without having completed its due diligence,” added Hamberger. “The Agency should take a step back and complete a fact-based, data-gathering process first, instead of continuing to push through a rule that lacks supporting empirical data.”
AAR in its comments also responded to concerns raised during the July hearing that it is more difficult for a one-person crew to clear a stopped train blocking a highway-rail grade crossing.
The association maintained its argument that a second crew member alone will not solve the industry’s safety problems, as new technologies and approaches will likely play a part as well. AAR said railroads will continue to develop new technologies such as remote control equipment and implement roving conductor positions to maintain safe operations.
AAR continues to rail against two-person crew rule
