Experts from ASLRRA’s staff represent the short line industry, and particularly our members, testifying before a variety of Congressional and Regulatory bodies. We are engaged in topics such as rail technology trends, economic impact of rail, increases in truck size and weight, regulations and compliance issues, customer service, interchange challenges, safety and tax policies such as the short line tax credit. Below you will find recent written testimonies given by ASLRRA on behalf of our members.
Washington, D.C., September 8, 2025 – ASLRRA has submitted a number of recommendations in response to a Request for Information (RFI) from the U.S. Department of Transportation. ASLRRA noted that the next surface transportation reauthorization presents a critical opportunity to strengthen freight rail, and offered a number of recommendations, including: enhancing transportation safety through continued funding of CRISI, grade crossing programs, and the Short Line Safety Institute, and support of a more modern and flexible regulatory framework; accelerating project delivery by streamlining grant processes and environmental reviews, and providing for assured funding through advance appropriations; promoting economic growth and resilience through expanded funding tools such as CRISI and program eligibility in RRIF; and strengthening partnerships and regulatory flexibility to support innovation and right-sized compliance.
Washington, D.C., September 2, 2025 – This proposed rule from the Federal Railroad Administration (FRA) incorporates five longstanding passenger brake inspection and maintenance waivers:
ASLRRA's comments support this change as it will reduce regulatory burden on our members.
Washington, D.C., September 2, 2025 – The Federal Railroad Administration (FRA) proposes to allow railroads to use three-dimensional simulation to satisfy the hands-on portion of periodic refresher training under 49 CFR 232.203(b)(8), consistent with waivers FRA has granted to date. FRA has found that virtual training provides students with randomized scenarios that may not be readily available for hands-on training and real-time feedback on performance. The associations' comments support this regulatory change, as it incorporates technological innovation and increases regulatory flexibility by allowing railroads to use an alternative method to accomplish the “hands-on” portion of the refresher training required by § 232.203(b)(8).
Washington, D.C., September 2, 2025 – The Federal Railroad Administration (FRA) proposes to amend 49 CFR 229.73(b) to expand the maximum permitted variation in diameter for wheel sets using alternating current technology, based on a waiver FRA has granted previously. Our comments support this proposed change, as it will reduce regulatory burden on our member railroads.
Washington, D.C., September 2, 2025 – The Federal Railroad Administration (FRA) proposes to revise 49 CFR § 215.203, which currently restricts the operation of railroad freight cars that are more than 50 years old – however, the NPRM adds additional testing, maintenance and recordkeeping burdens, which do not serve a safety purpose. ASLRRA and AAR's joint comments urge FRA to revise the NPRM to eliminate the unnecessarily burdensome proposed requirements before issuing a final rule amending § 215.203 (which would simply eliminate the restriction without conditions). In addition to the joint comments, ASLRRA filed supplemental comments that focused on how the agency failed to follow the procedures in the Regulatory Flexibility Act to minimize the impact of the proposed rule to small businesses.
Washington, D.C., September 2, 2025 – The Pipeline and Hazardous Materials Administration (PHMSA) proposes removing the rule requiring special permit renewal applications sixty days before expiration. This would reduce paperwork and allow permit use provided the renewal is filed before expiration. The associations' comments support this action because it will reduce burdens on carriers without impacting the safe transportation of hazardous materials by rail.
Washington, D.C., September 2, 2025 – The Pipeline and Hazardous Materials Administration (PHMSA) proposes allowing emergency response information (ERI) to be displayed electronically, removing the current requirement for printed copies and easing compliance for shippers. The associations' comments support this action because it would modernize existing regulations to allow for emergency response information to be maintained and provided electronically or by paper, and does not require shipments to be accompanied by both.
Washington, D.C., September 2, 2025 – The Federal Railroad Administration (FRA) proposes repealing the F 6180.107 Alternative Record for Illnesses Claimed to be Work-Related Form and the F 6180.150 Highway User Injury Inquiry Form. The 6180.107 is used rarely by railroads plus they already have the option of using their own form. This form has also proven to be burdensome to the extent that it is more stringent to use than completing the F 6180.98 Railroad Employee Injury and/or Illness Record. The 6180.150 is supposed to be sent by railroads to injured highway users. However, these forms are returned rarely, thus FRA proposes eliminating this requirement and getting rid of the form. The associations' comments support removing both forms, which do not serve a safety purpose.
Washington, D.C., September 2, 2025 – The Federal Railroad Administration (FRA) proposes repealing the requirement that railroads have a physical posting at their work establishment of the reportable accidents at such location. Currently, several Class I railroads have waivers to allow the use of electronic log postings of accidents/injuries. This NPRM would allow all railroads to post such accidents electronically. The associations' comments support the NPRM. This proposal makes practical sense because it uses technological innovation to advance safety and efficiency. Electronic posting provides at least an equivalent level safety as posting paper copies.
Washington, D.C., September 2, 2025 – This rule proposes to incorporate a longtime AAR waiver related to end-of-car (EOC) cushioning unit indicator. Current regulation states that a rail car may not continue in service if its end-of-car cushioning unit is leaking clearly formed oil droplets. The relief permits rail cars with clearly formed droplets to remain in service if the car’s cushioning unit is equipped with a UCI that indicates that the unit is not defective. The associations' comments support this long-justified update to the regulations.
Washington, D.C., September 2, 2025 – This rule proposes to clarify that enforcement attorneys have discretion to dismiss a technical violation where the challenged conduct does not raise a practical safety issue, consistent with the U.S. Department of Transportation (USDOT) Memorandum on Procedural Requirements for Enforcement Actions. ASLRRA's comments support FRA’s proposed change to clarify that FRA’s Office of Chief Counsel has discretion to decline or dismiss a violation. Additionally, ASLRRA encourages FRA to continue to improve its enforcement process by reviewing its civil penalty amounts, especially in light of the hardship they pose to small business railroads.
Washington, D.C., August 15, 2025 – ASLRRA has filed responses to the U.S. DOT’s Request for Information (RSI) regarding the National Freight Strategic Plan (DOT-OST-2025-0369). ASLRRA responded to a wide range of questions, providing the short line freight railroad perspective on the most urgent national policies for the 2025 Plan, suggested changes to make the 2025 Plan more impactful, metrics to be used to evaluate multi-modal freight system performance, benefits of investment in transportation, new technologies on the horizon, regulatory barriers to performance and more.
Washington, D.C., August 4, 2025 – ASLRRA has submitted comments in response to the U.S. Department of Transportation’s (USDOT) interim final rule (IFR). The IFR makes several changes to National Environmental Policy Act (NEPA) implementation regulations issued by the Council on Environmental Quality and other rules as required by amendments to the NEPA statute included in the Infrastructure Investment and Jobs Act of 2021 and the Fiscal Responsibility Act of 2023. ASLRRA’s comments provide an overview of how the NEPA process affects short line and regional railroads that have received federal grant funding, particularly through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program. Although most short line grant recipients’ projects receive categorical exclusion (CE) designations, the lowest under NEPA, the process to receive a CE often takes longer than six months. ASLRRA applauds efforts to reduce unnecessary delays for grant clearance. To help further streamline the NEPA process, the Association’s comments include additional recommendations such as expediting CEs through increased batch processing, updating existing CEs and clarifying existing CE documentation requirements and forms and more.
Washington, D.C., August 4, 2025 – ASLRRA and AAR jointly submitted feedback in response to the Pipeline and Hazardous Materials Safety Administration's Advance Notice of Proposed Rulemaking soliciting stakeholder feedback on repealing or amending the agency's rulemaking requirements or current regulations. In their submission, the parties encourage the agency to prioritize special permits when they have proven to be successful, to consider petitions P-1741 and P-1770, and identified a number of ways to reduce undue regulatory burdens.
Washington, D.C., June 16, 2025 – ASLRRA provided comments in response to the Department of Transportation (“DOT”)’s Notice of Proposed Rulemaking to reinstate and expound upon procedural reforms for the Department’s rulemakings, guidance documents, and enforcement actions rescinded by a final rule published by the Department on April 2, 2021. ASLRRA supports the proposed provisions, but encouraged DOT to include a requirement to incorporate a mechanism to codify longstanding waivers or regulatory exemptions, include civil penalties in list of guidance documents that require public notice and comment, and ensure the Regulatory Flexibility Act provisions are strictly followed in rulemakings.
Washington, D.C., June 16, 2025 – ASLRRA joined the Association of American Railroads in comments responding to the Federal Communications Commission’s Notice of Proposed Rulemaking regarding the 896-910/935-940 MHz Band. The parties caution against authorizing a 5/5 MHz broadband segment, particularly before the end of the five-year 3/3 MHz transition period. The 900 MHz band continues to play a vital role in railroad operations, supporting crucial safety-of-life communications, and the Numerous parties including industry suppliers have cautioned against the transition to a 5/5 broad band operations in the 900MHz band. If the Commission moves forward, licensees must provide assurances before any transition, and the Commission must preserve technical rules to protect ongoing incumbent operations in the band.
Washington, D.C., May 6, 2025 – Kristin Bevil, General Counsel and Chief Legal Officer, Pinsly Railroad testified at the House of Representatives Transportation and Infrastructure Subcommittee on Railroads, Pipelines, and Hazardous Materials in a hearing titled, America Builds: Improving the Efficiency and Effectiveness of Federal Rail Assistance. In her testimony, Bevil detailed the transformative benefit of the Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program to short line railroads, and the needed assistance provided by the Railroad Crossing Elimination (RCE) and Section 130 programs in addressing railroad safety issues at grade crossings. Bevil also offered constructive feedback on the CRISI grant process that would make the program even more effective for short lines.
Washington, D.C., May 12, 2025 – ASLRRA submitted a response to OMB’s April 11 call for public input in assisting OMB with identifying existing regulations, guidance, paperwork requirements, and other regulatory obligations that should be modified or rescinded. ASLRRA proposes eliminating burdensome FRA regulations, including Signal Employee and Dispatcher Certifications, Emergency Escape Breathing Apparatus Standards, and Train Crew Size, completing deregulatory actions such as training requirements and amending Brake System Safety Standards, engaging in transformational regulatory change at FRA, repealing a burdensome regulation at EPA, and ensuring a cost-effective transition from directives to regulation at TSA.
Washington, D.C., February 5, 2025 – ASLRRA submitted a response to the DOT’s Request for Information, identifying existing regulations, guidance, paperwork requirements, and other regulatory obligations that can be modified or repealed, consistent with law, to ensure that DOT administrative actions do not undermine the national interest and that DOT achieves meaningful burden reduction while continuing to meet statutory obligations and ensure the safety of the U.S. transportation system. ASLRRA recommended that four regulations be repealed, including Signal Employee and Dispatcher Certification, EEBAS, and Train Crew Size, and that two NPRMs be finalized. Furthermore, ASLRRA urged implementation of a “transformational regulatory approach,” the Risk Reduction Program Congressional mandate, as an alternative means to compliance with FRA safety regulations, allowing risk-based analysis to supplant prescription regulatory programs.
Washington, D.C., January 14, 2025 – ASLRRA, the Association of American Railroads (AAR) and the American Public Transportation Association (APTA) submitted joint comments in response to the Occupational Safety and Health Administration’s (OSHA) notice of proposed rulemaking (NPRM) concerning workplace heat injury and illness prevention.
The associations ask OSHA to exclude railroads from the proposed rule for several reasons. First, they point out that railroads are subject to Federal Railroad Administration regulations concerning worker safety, and in addition to those rules being comprehensive, OSHA’s authority to regulate ends when another federal agency, like FRA, regulates in the same area. The comments also say OSHA’s rule does not consider the unique nature of the railroad operational environment and imposes overly burdensome and unnecessary requirements.
Washington, D.C., January 10, 2025 – ASLRRA has filed joint comments with the Association of American Railroads (AAR) in response to the Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) amending the Federal Railroad Safety regulations that address temporary situations where positive train control (PTC) technology is not enabled.
In their comments, ASLRRA and AAR note that they support a rulemaking that would offer necessary and logical relief for operations occurring under unplanned system outages. However, the associations oppose some recommended changes considered unduly burdensome, such as requiring railroads to limit operations to restricted speeds after 24 hours of an unplanned PTC outage, and note that other processes outlined in the rulemaking are impermissibly vague and burdensome.
Washington, D.C., February 6, 2025 – AAR joined ASLRRA in responding to a Notice of Proposed Rulemaking (NPRM) issued by the Transportation Security Administration (TSA) on Enhancing Surface Cyber Risk Management, noting that while well-intentioned, the proposed rule is often too focused on matters that do not meaningfully contribute to a robust cybersecurity program; regulation of these areas would place unnecessary demands on railroad operations and create needless expenses — sometimes with the unintended consequence of distracting and detracting from railroads’ existing security efforts. Specific concerns noted included unclear or overly burdensome proposals as to governance, “critical cyber systems,” and supply chain management, as well as cybersecurity incident reporting requirements that are inconsistent with already existing regulations. The Associations also suggest various ways in which TSA might improve upon the rule in furtherance of the shared goal of enhancing cybersecurity.
Washington, D.C., January 29, 2025 – ASLRRA and the Association of American Railroads (AAR) have submitted comments to the Surface Transportation Board (STB) in response to a petition filed by the U. S. Department of the Interior and the U.S. Department of Justice’s Environment and Natural Resources Division (the petitioners) requesting the STB consider amendments to regulations implementing section 208 of the National Trails System Act Amendments of 1983.
The petitioners are asking the STB to initiate a rulemaking to make these regulatory changes, which would affect the railbanking process. Railbanking is an agreement made between a railroad and another entity to preserve a rail corridor and allow use as a trail until the corridor needs to be put into service again.
ASLRRA and AAR do not believe that such a rulemaking is necessary or advisable. Their comments say that such changes to the regulations would make proceedings more complicated and upend decades of established precedent on the matter. If the STB decides to proceed with a rulemaking proceeding, the associations urge the Board to set a procedural schedule for the submission of comments, reply comments and other proposals.
Washington, D.C., January 28, 2025 – ASLRRA has submitted comments in response to a notice published by the Federal Railroad Administration (FRA) proposing a waiver of its Buy America requirements for certain locomotive projects. The proposed waiver would apply to the purchase of pre-owned locomotives that would be used as the underframe or chassis for renewable-energy locomotives. The general applicability waiver would be issued for FRA-funded projects that involve procuring used locomotives to be overhauled. ASLRRA supports the FRA’s proposed waiver. In its comments, the Association notes that short line railroads routinely use, rebuild and repower old locomotives, and using the chassis of these units is not only a standard industry practice, it is practical, efficient, economical and less wasteful. ASLRRA also recommends waivers for elements of locomotive batteries, battery packs and cores, associated control systems and charging stations due to the current lack of a fully Buy America-compliant domestic supply chain for all this new rail-sector equipment.
Washington, D.C., January 23, 2025 – Today Chuck Baker, President of the American Short Line and Regional Railroad Association (ASLRRA), testified before the U.S. House of Representatives Committee on Transportation and Infrastructure’s Subcommittee on Railroads, Pipelines, and Hazardous Materials in a hearing titled, America Builds: Examining America’s Freight and Passenger Rail Network. In his testimony, Baker outlined the three areas critical for short line success that should be considered as part of any future Surface Transportation Reauthorization Bill – CRISI funding, reasonable regulations, and modal equity. A copy of his comments is available here.
Washington, D.C., January 7, 2025 – ASLRRA has filed joint comments with the Association of American Railroads (AAR) in response to the Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) concerning track geometry measurement system (TGMS) inspections. The Associations call on the FRA to withdraw or substantially modify the proposed rule because it imposes arbitrary and unjustified requirements, some of which would be impossible to satisfy. ASLRRA and AAR ask the agency to consider proposing a performance-based TGMS rule, such as that proposed by the industry in 2022, that would promote safety and encourage innovation by pairing a TGMS requirement with reduced visual inspections; providing a more reasonable and balanced approach to the required frequency of inspections and time for remediation; and allowing railroads to implement TGMS without the addition of the costs and inefficiencies that would be imposed by the current proposed rule.
