The Federal Railroad Administration (FRA) issued two Final Rules on May 21, 2024, requiring all dispatchers and signal employees of railroads in the general system of transportation, including commuter railroads, to be certified as meeting minimum federal safety standards.   Railroads must certify these employees beginning in 2025 and develop several procedures related to the certification programs. 

Both Rules require commuter railroads to develop written certification programs for dispatchers and signal employees by March 17, 2025.  The programs must include procedures to evaluate employees’ prior safety conduct and fitness for duty, train dispatchers and signal employees, and monitor dispatchers’ and signal employees’ operational performance.  The program for signal employees must also include procedures for mentoring uncertified signal employees.  FRA must review and approve each program.  The regulations detail specific requirements related to the content of each section of the program, along with procedures for modifying and implementing the programs. Railroads are also subject to recordkeeping requirements and, starting in 2027, must annually review how they respond to poor safety conduct by dispatchers or signal employees.

Once a railroad’s certification program is approved, the railroad must certify each of their dispatchers and signal employees and determine in writing that each meets the eligibility, visual and hearing acuity, knowledge, training, qualification, and prior safety conduct standards set forth in the Final Rules.  Every dispatcher and signal employee will need to be recertified at least every three years, relying on current information.  The regulations include procedures for denying and revoking certification and provide for a period of ineligibility for dispatchers or signal employees who violate certain rules.  Employees whose certifications are denied or revoked may petition for review of the decision by a Certification Review Board made up of FRA employees.  Both the petitioner and railroad have the right to an administrative hearing if adversely affected by the Certification Review Board’s decision.

Following the publication of the Notice of Proposed Rulemaking, the American Public Transportation Association (APTA), the Southeastern Pennsylvania Transportation Authority (SEPTA), and the New York Metropolitan Transit Authority (MTA) submitted comments.  FRA’s response to comments focused more heavily on comments from freight railroads.  FRA rejected most of the suggestions from APTA, SEPTA, and the MTA, including suggestions regarding the dispatching rule cost-benefit analysis, the definition of “qualified instructor” in both rules, and the interaction between regulations governing the Confidential Close Call Reporting System and these new regulations.  However, FRA made some revisions to the Final Rule in response to APTA’s comments, including giving agencies greater flexibility during the implementation period of both regulations, adding mentoring procedures to the signal regulations, and requiring agencies to identify scenarios in which non-certified persons may perform work on signal systems.  The comments also spurred FRA to clarify the extent of dispatching supervisors’ responsibility and the ability of agencies to discipline signal employees who frequently lose their certificates.  

The Final Rules each create a new Part of title 49 of the Code of Federal Regulations — Parts 245 and 246 — and will be effective July 22, 2024.  The Rules are published at 89 Fed. Reg. 44766 and 44830.  If you have questions about the certification rules, please contact Ayelet Hirschkorn, Suzanne Silverman, Charles Spitulnik, Christian Alexander, or Grant Glovin.