Train Engineers Get Permanent Waiver from Red Tape
Published Date: 4/28/2026
Rule
Summary
Starting May 28, 2026, train engineers and conductors working for railroads in the FRA’s Confidential Close Call Reporting System (C3RS) get official relief from some certification rules they've followed under special waivers. This change makes those waivers permanent, cutting red tape without risking safety. Railroads and their crews save time and hassle while keeping trains running safely and smoothly.
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Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
No Revocation for Accepted C3RS Reports
Starting May 28, 2026, locomotive engineers and conductors who report a qualifying close call to the FRA-sponsored Confidential Close Call Reporting System (C3RS) and whose report is accepted by both the independent third party and the Peer Review Team (PRT) cannot have their certification suspended or revoked for that reported event. If a railroad begins suspension or revocation, the time limits for pursuing that action pause while the employee provides an ID strip and the PRT confirms the report was accepted; determinations by the independent third party or PRT may not be overturned via the administrative hearing procedures but can be used as findings of fact.
Serious Incidents Not Covered
The rule explicitly excludes protections for reported close calls that involve events causing or alleged to have caused death or injury; events with damages above the current monetary rail equipment accident/incident reporting threshold in part 225 (published annually by FRA); highway-rail grade crossing accidents; willful violations including prohibited alcohol or controlled substances; substance abuse disorder; identifiable release of hazardous material; acts of sabotage or other criminal offenses; and use of prohibited personal electronic devices.
Streamlined Rule Removes Waiver Paperwork
Effective May 28, 2026, the rule codifies longstanding C3RS waivers so participating railroads no longer must submit recurring waiver petitions for the certification relief previously granted via waiver. FRA says this reduces burdens on C3RS-participating railroads, including small entities, and will reduce FRA time spent reviewing and approving these waivers.
IMOU Can Be Signed Without Union
The rule allows a C3RS Implementing Memorandum of Understanding (C3RS IMOU) to be signed by FRA and the participating railroad without a non-profit employee labor organization signatory if the participating employees are not represented or a labor organization is not a signatory party. When contractor employees participate, the contractor must also sign the IMOU. FRA will post all C3RS IMOUs to regulations.gov.
PRT May Change Report Eligibility
The rule clarifies that a Peer Review Team (PRT) may determine that a reported close call is not eligible for C3RS protections even if the independent third party initially accepted the report, when the PRT uncovers additional information (for example, a real-time observation or withheld facts). The rule also defines that a close call is accepted by a PRT when the PRT determines the report is eligible for IMOU protections.
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