By Janet Gilbert:

• FRA ISSUES FINAL CREW SIZE RULE The FRA has issued its final Crew Size rule.  The rule requires railroads to have a minimum of two crew members except for certain identified one-person train crew operations (described below). The rule includes requirements for railroads seeking to continue certain existing one-person crew operations and a special approval process for railroads seeking to initiate certain new one-person operations. The rule also requires each railroad receiving special approval for one-person crew operations to submit to FRA an annual report summarizing the safety of the operation. This regulation is effective June 10, 2024. Summary of Rule Provisions:
  • Establishes minimum crew size safety standards for all trains, including a risk assessment requirement to evaluate hazards and ensure risk mitigation for those railroads looking to initiate one-person train crew operations in the most complex operating environments nationwide.
  • Each train transporting certain quantities and types of hazardous materials (those that pose the highest transport risk from both a safety and security perspective), with some exceptions, must be assigned a minimum of two crewmembers.
  • Railroads with certain types of one-person train crew operations must notify FRA that they are using such operations, provide a detailed description of the operation and, in some circumstances, submit a risk assessment and request FRA’s approval to continue or initiate an operation.
  • Where FRA’s prior approval is necessary, FRA may prohibit any proposed one-person operation that would not be as safe or safer than a two-person operation.
  • Provides criteria for instituting one-person train crew operations in certain circumstances through exceptions to the two-crewmember mandate, conditional exceptions based on the type of operation, or a special approval process option, primarily to address operations by short lines and regional railroads (“small businesses”).
  • “Conditional exceptions” required for a one-person crew include assuring the lead locomotive is equipped with an alerter and the crewmember tests the alerter to confirm it is working before departure. The alerter would stop the train with an emergency brake application after a designated period of inactivity by the crewmember.
  • In addition to an alert, the rule establishes other minimum safety requirements depending on the type of one-person train crew operation, such as for Class II and III legacy freight train operations (one-person operations established for at least two years before the effective date of the rule), certain other Class II and III freight railroad train operations, work train operations, helper service train operations, and lite locomotive train operations.
  • Establishes an implementation schedule that phases in compliance for certain specified one-person train crew operations (such as Class II and III legacy crew operations, work trains, helper service lite locomotive operations), which includes providing FRA with written notice of the operation. The implementation schedule also requires these “permitted” one-person operations be governed by operating rules addressing the communication requirements and mitigation measures submitted no later than 90 days from the effective date of this final rule.  The working alerter requirement must be met no later than two years from the effective date of this final rule.

  TO OUR SHORT LINE AND REGIONAL CLIENTS:  We understand the ASLRRA is considering a legal challenge to the rule.  If you believe you may be negatively affected by the rule, particularly the legacy provisions, please contact Jo Strang at the ASLRRA at jstrang@aslrra.org.

  A link to the rule is provided here. Final Crew Size Rule ​Please contact Janet Gilbert at jgilbert@fletcher-sippel.com or 312-252-1507 if you have questions.