Advocacy Recommends that FRA Extend Comment Period on Proposed Train Crew Size Safety Requirements Rule

On July 28, 2022, the Federal Railroad Administration (FRA) published a proposed rule in the Federal Register on “Train Crew Size Safety Requirements.” The proposed rule includes:

• A minimum requirement of two crewmembers for all railroad operations, with exceptions for operations that do not pose significant safety risks to railroad employees, the public, or the environment.
• Minimum requirements for the location of crewmembers on moving trains to promote safe and effective teamwork.
• A special approval procedure to allow railroads to petition FRA to continue legacy operations with one-person train crews and allow any railroad to petition FRA for approval to initiate a new train operation with fewer than two crewmembers.

The comment period for the proposed rule is scheduled to close on September 26, 2022. However, based on input from small business representatives in the short line and regional railroad sector, the SBA Office of Advocacy has recommended that FRA extend the public comment period by at least sixty days to give small businesses more time to assess the impact and provide more meaningful comments on the proposed rule.

Read Advocacy’s letter.

Read the FRA’s proposed rule.

Comment on FRA’s proposed rule.

Advocacy contact: Bruce Lundegren, Assistant Chief Counsel, at bruce.lundegren@sba.gov.