Legislators ask FRA not to rescind dispatch, signaling certification requirements

A bipartisan group of U.S. Congress members have asked the Federal Railroad Administration to provide further justification for its proposals to rescind train dispatcher and signal employee certification requirements for railroads. 

In a letter dated July 20, the legislators expressed opposition to the proposals and requested a response from the FRA by July 28. U.S. Rep. Dina Titus (D-Nev.), ranking member on the Subcommittee on Railroads, Pipelines and Hazardous Materials, and U.S. Rep. Rick Larsen (D-Wash.), ranking member on the House Committee on Transportation and Infrastructure, are two of the 33 representatives who signed the letter.

The FRA on May 21, 2024, issued rulings that required railroads to have certification processes in place for dispatchers and signal employees. As part of those rulings, railroads were required to submit their programs to the FRA for approval. On July 12, 2024, the Association of American Railroads, the American Short Line and Regional Railroad Association and the Commuter Rail Coalition filed petitions for reconsideration.

The organizations on Feb. 6, 2025, met with the FRA to discuss concerns about whether railroads are the appropriate entities to enforce certifications. For example, requiring contracted employees to be tested by every railroad at which they work would waste resources, the ASLRRA stated. The AAR further stated that the requirements could cause confusion and delays for hiring and training.

On May 15 this year, the FRA published two notices of proposed rulemaking to rescind the May 21, 2024, rulings in their entireties. Upon reviewing the organizations' concerns, the FRA preliminarily concluded that rescinding the rules entirely is warranted because the expected benefits do not justify the expected costs. The FRA is accepting comments on the proposed rulings through Aug. 13.

"In its reasoning to repeal the certification requirements in May 2026, the FRA claims that compliance costs associated with these two certification programs may outweigh the anticipated benefits, but by less than $2 million per year. According to the latest available data from the Surface Transportation Board, the Class I railroads’ net income in 2024 was $23.8 billion," the legislators stated in the letter. 

The benefits of certification, such as reductions in accident risk, environmental damage and service disruptions, can be difficult to quantify. The cost of a single preventable dispatching or signal error could exceed the costs of maintaining certification requirements, they added.

"Congress directed the FRA to study and address these issues in 2008 because of the critical safety functions performed by these employees. Any decision to reverse course should be supported by clear evidence demonstrating that the elimination of certification requirements will not increase risk to railroad workers, passengers, or the public," the letter concludes.