AAR challenges FRA's inaction on waivers

The Association of American Railroads (AAR) last week filed litigation in multiple courts across the nation challenging the Federal Railroad Administration (FRA)’s inaction on numerous waiver requests.

All of the pending requests seek to implement safe and modern railroading technologies. Specifically, the litigation asks courts to find FRA's inaction on these requests is arbitrary and capricious and in violation of FRA's own regulations requiring action within nine months, AAR officials said in a press release.

"Rail safety is a shared responsibility, and the FRA’s unlawful delays are creating uncertainty and preventing critical advancements in safety and efficiency,” said AAR President and CEO Ian Jefferies. “By law, the FRA is required within specified timelines to act and either grant or deny these petitions, yet it has repeatedly failed to meet its legal obligation, forcing the industry to file suit. Enhancing the safety and efficiency of the rail network cannot wait, and the industry has now had to file lawsuits to try to break FRA’s systemic inaction.”

Railroads are ready to implement advanced operating practices and technologies, such as improved braking and signaling systems, to make operations even safer and more efficient, but FRA’s inaction is hindering progress, AAR officials said.

Progressive Railroading has reached out to the FRA for a comment on the AAR's accusations.