The Association of American Railroads and American Short Line and Regional Railroad Association spoke out against a proposed Federal Railroad Administration rule that would mandate two-person crews on all trains.
Railroad industry groups are speaking out against a proposed Federal Railroad Administration (FRA) rule that would mandate two-person crews on trains.
The Association of American Railroads (AAR) filed comments with the FRA saying its Notice of Proposed Rulemaking, published March 15, “not only lacks any data-driven justification but could also undermine efforts to improve freight rail safety.”
The American Short Line and Regional Railroad Association (ASLRRA) joined AAR in urging the FRA to abandon its call to require two-person crews. ASLRRA cited a lack of consideration for economic impact to its small business members in the implementation of a rule with “no proven safety benefit.”
“There is no greater priority for the freight rail industry than safety, but this proposed rule offers no safety benefit to railroads, their employees or the public,” AAR President and CEO Edward R. Hamberger said in a statement. “There is absolutely no data to support the view that a second crewmember enhances safety. This regulation is trying to solve a problem that does not exist.”
AAR said the FRA lacks any data to support its assertion that two-person crews are safer than one-person crews and accused the administration of ignoring studies that quantify the strong safety record of single-person operations.
“With no evidence that one-person operations are less safe, there is simply no basis for enacting a general prohibition on crew size reductions,” Hamberger said.
The FRA has historically treated crew size as a labor issue, rather than a safety issue, meaning it would be addressed through the collective bargaining process rather than via federal regulation.
By mandating crew sizes, AAR argues, the FRA would create a new economic burden for rail operators that currently operate with only one crewmember, as well as those that would be prevented from reducing crew sizes in the future. AAR called the FRA’s stance on crewing “ironic” given the administrations mandate for Class I railroads to implement Positive Train Control, a wireless communication system designed to slow or stop a train in the event of human error.
“This proposed rule is a textbook example of unnecessary regulation, and, if implemented, would have a chilling effect on the development of new technologies that could make the world’s safest transportation network even safer,” he added. “While the Department of Transportation is throwing its full support behind the development of autonomous vehicles as a way to improve safety on our roadways, it is doing the opposite with our railroads.”
“We are aligned with the FRA in the commitment to the safe operation of America’s freight rail network,” said Linda Bauer Darr, president of ASLRRA. “However, there is no evidence that the proposed Train Crew Staffing Rule will address safety challenges in a way that is meaningful and operationally sustainable for our small businesses.”
In comments submitted to the FRA, ASLRRA specifically said the administration’s analysis of the economic impact to small railroads of the proposed rule was flawed and should have been evaluated by the Small Business Administration’s Office of Advocacy prior to the rulemaking, pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
Darr noted that the cost impact to short lines was based on inaccurate assessments of operations, including reliance on the Class I railroad average speed, which for a variety of reasons, is much higher than the average short line speed.
“We are concerned that the burden of additional regulated labor cost, without an offset of improved safety, will lead to the diversion of scarce financial resources in our small businesses away from capital investments with a proven link to safety, such as infrastructure and track upgrades, ultimately making rail transport less competitive than other competing methods,” she said.
Several rail labor unions, however, have come out in defense of a two-person crew rule. Proponents argue that requiring a minimum of two crew members on trains makes it safer for workers and travelers, as well as for people living in communities through which trains travel.
John Previsich, president of SMART Transportation Division, and Dennis Pierce, president of the Brotherhood of Locomotive Engineers and Trainmen, said in a joint statement yesterday their unions would actually be in favor of strengthening the proposed rule.
“Operating freight trains with one-person train crews is unsafe and must be prohibited. That is the message we delivered yesterday in comments filed with federal rail safety regulators,” they said. “Our comments provide a clear rationale for the Federal Railroad Administration (FRA) to finalize a rule this year and to close loopholes included in the agency’s initial proposed rule that could permit the limited use of one-person crew freight operations.”
Previsich and Pierce went on to suggest that railroads are looking to cut costs by going to one-person train crew in order to help pay for PTC implementation.
“Our government must reject these smokescreen tactics and never permit the multi-billion dollar rail industry to water down safety standards through negotiations,” they said.
“We thank the Administration for its leadership and urge completion of a final rule this year,” the union leaders added. “The regulations must put to rest the absurd notion that massive freight trains — more often than not filled with hazardous materials — can safely traverse our communities with a single crewmember on-board.”
Industry groups urge FRA to abandon two-person train crew rule
