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US freight railroads lose their appeal against the new rule that requires at least two-person crews

Six U.S. railways and a pair of industry groups have lost their appeals against a new rule requiring many 'trains to operate with at least two crew members. This ruling was issued by the U.S. Court of Appeals, 11th Circuit.

The Federal Railroad Administration has imposed crew requirements on freight railroads. This includes Union Pacific, Berkshire Hathaway's BNSF and other rail companies.

This rule was enacted after organized labor fought for crew levels in the face of a heightened scrutiny on railroad safety, following a derailment that occurred in East Palestine, Ohio?in 2023, which caused cars containing toxic vinyl chloride and other hazardous chemicals to spill out and catch fire.

The railroads, among other things argued that the rule on crew size fell outside of the FRA’s general rulemaking powers.

The agency also refused to take into account the costs that the rule would have on railroads who would have otherwise switched to a single-person crew. They said that the final rule was arbitrary and capricious because it didn't consider a major cost category.

The court denied the railroads? petitions for review of the rule.

One judge dissented from the ruling, stating that the FRA's analysis and research did not support the minimum crew size rule and that its cost-benefit analysis had failed to account for the labor costs railroads would face if they were required to comply with the rule. Reporting by Lisa Baertlein, Editing by Chris Reese

(source: Reuters)