The 11th Circuit Court of Appeals (Case No. 24-11076 [Doc. #97-1]) upheld a regulation of the FRA that requires railroads, with some exceptions, to operate with at least two crewmembers on board unless the railroad can establish that a one-person crew would be at least as safe. The "Crew Size Rule" went into effect on June 10, 2024. Multiple railroads and their trade organizations filed petitions in court seeking review of the Crew Size Rule, arguing that the FRA exceeded its authority by implementing the rule. On August 11, 2026, the 11th Circuit Court of Appeals rejected the railroads' arguments and upheld the rule. The decision represents a major victory for rail labor unions, who have been fighting for a two-person crew mandate for years.

The Court found that the FRA was well within its discretion to issue a rule mandating crew size. The FRA need only show that it "has acted within a zone of reasonableness and, in particular, has reasonably considered relevant issues and reasonably explained the decision." The railroads' argument that there is insufficient evidence establishing that two-person crews are necessary for safety was rejected. Administrative agencies like the FRA do not, the Court stated, need to present detailed empirical evidence about every regulation they issue. The Court held that "waiting until enough long or single crew-member trains crash for statistical certainty defeats the preventative nature of rail regulations." Evidence of the use of significantly longer trains in railroad operations, an increase in human factor accidents in the past several years, uncertainty surrounding the reliability of technological advances, including Positive Train Control ("PTC"), assistance with first responders following accidents, and other anecdotal evidence provided through public comments was sufficient evidence to support the FRA's implementation of the Rule.

The Crew Size Rule includes several exceptions for use of single crewmember trains, and allows railroads to petition the FRA for creating new one-man crew jobs. To do so, the railroads must submit a detailed risk assessment to the FRA, as well as annual reports compiling safety and operational data. As a default, however, the Crew Size Rule requires a two-man crew.