The Association of American Railroads (AAR), on behalf of its members, “requests relief required” to participate in the Federal Railroad Administration’s (FRA) Confidential Close Call Reporting System (C3RS) Program, the FRA reported in the Federal Register’s Oct. 3 edition (download below).
“AAR seeks to shield its member railroads’ reporting employees from mandatory punitive sanctions that would otherwise arise as provided in §§ 245.303(a), (b), (c), (d), (e)(1)-(6), (g), (h), and 245.307,” the FRA wrote. “The C3RS Program would encourage certified dispatchers to report close calls and protect the employees and the member railroads from discipline or sanctions arising from the incidents reported per the C3RS Implementing Memorandum of Understanding.”
The AAR on Aug. 5 petitioned the FRA for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 245 (Qualification and Certification of Dispatchers), and FRA assigned the petition Docket Number FRA-2024-0089.
Interested parties are invited to participate in these proceedings by submitting written views, data, or comments by Dec. 2, 2024. The FRA reported that it does not anticipate scheduling a public hearing in connection with these proceedings “since the facts do not appear to warrant a hearing.” Communications received by the due date will be considered by the FRA before final action is taken.
The C3RS Program is designed to “enhance communication and transparency to help improve railroad safety,” according to the FRA, which sponsors this voluntary confidential program that allows railroads and their employees to report close calls. C3RS is described as providing “a safe environment for employees to report unsafe events and conditions and employees receive protection from discipline and FRA enforcement.” In addition, railroads receive protection from FRA enforcement for events reported within C3RS, according to the federal agency. The National Aeronautics and Space Administration acts as an independent third party and maintains the program data. A Peer Review Team evaluates de-identified reports and makes recommendations for corrective actions; each carrier-based the team consists of railroad management, front line employees, and the FRA.
All Class I railroads, through the AAR, committed to joining C3RS in March 2023 and have been working with FRA to make program adjustments they feel are necessary. AAR President and CEO Ian Jefferies explained the railroads’ commitment in a March 2, 2023, letter to U.S. Transportation Secretary Pete Buttigieg, who in Feb. 27, 2023, letters to the individual railroads requested that they join C3RS, following the Norfolk Southern (NS) train derailment in East Palestine, Ohio. The Transportation Trades Department of the AFL-CIO also urged the Class I railroads to participate.
In January 2024, NS announced the first pilot program of C3RS under the FRA’s supervision in the industry; it was the first Class I to join in conjunction with the Brotherhood of Locomotive Engineers and Trainmen (BLET) and International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD). On Aug. 6, NS and the American Train Dispatchers Association (ATDA), in partnership with the FRA, reported their joint participation in the pilot.
About 30 short line and passenger railroads currently participate in C3RS.
