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DOT/FRA RIN: 2130-AC88 Publication ID: Fall 2022 
Title: Train Crew Staffing(Section 610 Review) 
Abstract: This rulemaking would address the potential safety impact of one-person train operations, including appropriate measures to mitigate an accident's impact and severity, and the patchwork of State laws concerning minimum crew staffing requirements. This rulemaking would address the issue of minimum requirements for the size of train crews, depending on the type of operations. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 218   
Legal Authority: 49 CFR 1.89(a)    49 U.S.C. 20103   
Legal Deadline:  None

Statement of Need:

To address the potential safety impact of one-person train operations, including appropriate measures to mitigate an accident's impact and severity, as well as the patchwork of State laws concerning minimum crew staffing requirements, FRA is considering a final rule that would address the issue of minimum requirements for the size of different train crew staffs, depending on the type of operation.

Summary of the Legal Basis:

49 USC 20103; 49 CFR 1.89(a)

Alternatives:

FRA will analyze regulatory alternatives in the NPRM.

Anticipated Costs and Benefits:

FRA estimated the costs associated with special approvals, risk assessments, annual railroad responsibilities after receipt of special approval, and Government administration. FRA estimated the 10-year costs of the proposed rule to be $2.0 million, discounted at 7 percent. The estimated annualized costs of the proposed rule are $0.3 million discounted at 7 percent. The primary benefit of this rule is to ensure any railroad, seeking to operate a train with fewer than two crewmembers identifies, evaluates, and addresses, in a comprehensive and standardized manner, safety concerns that may arise from such operation. A second crewmember performs important safety functions that could be lost when reducing crew size below two. The benefits are discussed qualitatively, but not quantified for this rule.

Risks:

The NPRM is based off a risk assessment that individual railroads will have to perform. The risks should be negatively impacted.

Timetable:
Action Date FR Cite
NPRM  07/28/2022  87 FR 45564   
NPRM Comment Period End  12/21/2022 
Final Rule  02/00/2024 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Amanda Maizel
Attorney-Adviser
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 493-8014
Email: amanda.maizel@dot.gov