WASHINGTON — U.S. Rep. Eric Burlison (R-Mo.) on Friday introduced legislation to overturn the Federal Railroad Administration’s two-person crew rule adopted in 2024.
“This bill is about stopping union bosses from using Washington to get what they can’t win at the bargaining table,” Burlison said in a brief press release.” “Previously, in 2019, the FRA concluded that ‘accident/incident data does not support a train crew staffing regulation.’ Yet the Biden-Harris administration went ahead with this mandate, which burdens small railroads with increased costs with no benefit except inflating union membership. … Freight rail is one of the safest ways to move goods in America. We should be encouraging innovation, not imposing unnecessary regulations that benefit special interests.”
Text of the bill — dubbed the Train Crew Choice Act — has yet to be submitted to the Congress website.
The Association of American Railroads indicated its support for repeal of the rule.
“Railroads have made clear to USDOT and Congress that arbitrary mandates like the Biden-era crew size rule undermine innovation and efficiency,” a spokesperson said in a statement. “Crew staffing has always been established through collective bargaining, not regulatory mandates. Even after more than 15 years of analysis, regulators have failed to show that this rule delivers any real safety benefits.”
Brotherhood of Locomotive Engineers and Trainmen National President Mark Wallace, meanwhile, noted support for the current rule within the Trump administration.
“This bill by Rep. Burlison is out of sync with the administration and members of Congress on both sides of the aisle,” Wallace said in a statement. “Secretary of Transportation Sean Duffy and David Fink, who has been nominated to serve as FRA administrator, both pledged to support the two-person crew regulation during Senate confirmation hearings. Vice President Vance, who introduced the Railway Safety Act, which contains language to mandate a minimum crew size, also reiterated his continued support for this important safety regulation during a press conference earlier this year.”
The International Association of Sheet Metal, Air, Rail, and Transportation Workers-Transportation Division, which represents conductors, did not respond to a request for comment.
The fate of a two-person crew requirement has ping-ponged between acceptance and rejection depending on the party of the administration in power. The FRA introduced a proposal for the requirement during the Obama administration in 2016; it received almost 1,600 comments, with 1,545 in favor of some sort of rule, as opposed to 39 against. But the proposed rule was withdrawn under the first Trump administration, with FRA Administrator Ron Batory citing data from industry groups — notably a study by consulting firm Oliver Wyman funded by the Association of American Railroads that found no concrete evidence that two-person crews were safer than trains with a single crew member [see “FRA withdraws proposed minimum crew size rule,” Trains.com, May 24, 2019].
But under the Biden administration, the rule was revived, and it was eventually adopted in April 2024. Pete Buttigieg, then secretary of transportation, said, “Common sense tells us that large freight trains, some of which can be over 3 miles long, should have at least two crew members on board — and now there’s a federal regulation in place to ensure trains are safely staffed.” [See “FRA issues rule requiring …,” Trains.com, April 2, 2024.] AAR CEO Ian Jefferies, meanwhile, called it “an unfounded and unnecessary regulation that has no proven connection to rail safety.” The AAR also called the rule an “overreach” into areas normally addressed through collective bargaining, while unions hailed the decision.
It is the second time Burlison has sought to upend the two-person crew requirement; he cited similar reasoning in a 2023 resolution that died in committee. Earlier this year, he also reintroduced a bill to end Amtrak’s statutory right of preference [see “Missouri Congressman reintroduces …,” Trains.com, July 28, 2025].
— Updated Sept. 9 at 7:21 a.m. CT with BLET comment.
So tell me, is there at least an IQ or common sense test to take before you can run for congress? Dosent seem like it.
Another example of a congressman passing bills and making laws that have no knowledge of what they are doing. Put him in the cab of an engine and let him experience what is required to operate a train without incidents.
THOMAS DUPEE ….. Thanks for the experience from your 40 years of service. (And thanks for your 40 years of service.)
You want my opinion of a one-man crew? Go to Lac Megantic, QC.
Absurd. Dangerous.
We all know who’s on the take here!!!!! Like last time I said this guy wouldn’t know one side of a train from the other nor would he care for or even know railroads exist except for Christmas videos of his kids at a polar express event….. What a worm. It goes to show the absolute corruption in government and who benefits from that corruption the most.
As an operating crew member for nearly 40 years (now retired) my question remains: How can a highway crossing be protected, when necessary, by a one person crew? There are other situations that also require at least a second person to execute. Inspection after a DD hit. Setting out a car when necessary, etc.