SMART-TD Stands with FRA in Defense of Two-Person Crew Rule in Federal Appellate Court

June 4, 2025

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June 4, 2025 —The Association of American Railroads (AAR), the American Short Line and Regional Railroad Association, and several carriers are challenging the Federal Railroad Administration’s (FRA) final rule requiring a minimum of two crew members on freight trains (2-PC). This legal attack threatens a critical safety measure long championed by SMART-TD and its members. 

In the 11th Circuit Court of Appeals in Miami, Florida, SMART-TD stood shoulder to shoulder with the FRA, defending the 2-PC rule. 

Your voices were heard in that courtroom

SMART-TD’s Associate General Counsel Shawn McKinley brought a forceful, well-prepared voice into the courtroom, making it clear that our members’ safety is not up for negotiation. Alongside the DOJ attorney representing the FRA, McKinley presented a compelling case grounded in law, fact, and common sense. 

A defining moment came when AAR attorneys dismissed the more than 13,000 public comments submitted in favor of the 2-PC rule, many of which came from SMART-TD members and supporters, as “anecdotes”.  

McKinley swiftly countered, reminding the court that these weren’t “random” comments or “anecdotes.” They were firsthand accounts from 13,000 trained railroaders, the very people the rule is designed to protect.  

SMART-TD shows up and stands firm 

You spoke up when it counted, and your voices continue to shape the future of railroad safety.  

The contrast was striking: the FRA’s advocate and SMART-TD’s legal team demonstrated superior preparation, credibility, and delivery — all bolstered by the more than 13,000 pages of frontline testimony. That was your advocacy, submitted back in 2022, powerfully resonating in a federal courtroom three years later. 

We should be proud of the outstanding work of our legal team and equally proud of the commitment we all share that built the record that supports this rule. When our safety and our families’ security are under attack, we show up and stand firm. 

The final decision now rests in the hands of the 11th Circuit. While we cannot predict the outcome, SMART News will share the ruling once it’s issued.