USA: Six U.S. railroads and two industry groups have lost their 11th Circuit challenge to federal train-crew rules, with the court rejecting their arguments and denying petitions to review the regulation.

Illustrative image of BNSF locomotive 5207 leading a freight train across a bridge in Alabama.
Illustrative BNSF freight train on a bridge in Alabama; the image does not show Tropical Storm Bertha or current Gulf Coast operations. Photo: Emmett Tullos, CC BY 2.0.

Union Pacific and BNSF were among the freight railroads opposing the Federal Railroad Administration requirement. The FRA final rule, issued in 2024 and effective from June 10 that year, requires a minimum of two crewmembers for railroad operations except certain identified one-person operations.

Court Rejects Authority and Cost Arguments

The challengers argued that the crew-size rule exceeded FRA’s general rulemaking authority. They also said the agency failed to account for labor costs that railroads would bear if they otherwise shifted to one-person crews, arguing that omission made the rule arbitrary and capricious.

The 11th Circuit rejected those arguments and denied the petitions for review. One judge dissented, saying FRA’s research and other evidence did not support a minimum-crew rule and that the agency’s cost-benefit analysis did not account for the labor costs of compliance.

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Rule Still Allows Defined One-Person Operations

The court loss does not turn the regulation into a blanket two-person requirement for every train. FRA’s final rule identifies exceptions for certain one-person operations, sets conditions for railroads seeking to continue some existing one-person operations, and provides a special-approval process for certain new ones. Railroads receiving special approval must submit annual safety reports to FRA.

Because the court denied the petitions for review, it did not vacate the regulation. The decision therefore leaves the rule’s existing framework in place at this stage of the litigation.

Further Court Review Remains Possible

The appeals-court ruling does not necessarily end the case. Under Federal Rule of Appellate Procedure 40, a party may seek panel rehearing, rehearing en banc, or both. Supreme Court Rule 13 also provides for petitions for certiorari from federal courts of appeals, with timing affected when a timely rehearing petition is filed.

Whether the railroads and industry groups will pursue either route was not established by the ruling reported Tuesday. For now, the confirmed development is that their 11th Circuit petitions to overturn the FRA crew-size rule have been denied.

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