Washington, D.C., December 16, 2024 – ASLRRA has submitted comments to the Surface Transportation Board (STB) in support of SMS Rail Services concerning local jurisdiction over rail activities. The SMS has operated freight service since 2022 and tourist and excursion services since 2023. Two municipalities have questioned whether structures provided along the Salem Branch Line are in support of freight rail operations, and fall within STB’s jurisdiction. ASLRRA’s comments support SMS’s position that the line is used for freight service and is therefore subject to STB jurisdiction and benefits from federal preemption. Sierra Northern Railway, Mendocino Railway and the California Short Line Railroad Association also provided comments in support of SMS Rail.
Washington, D.C., December 3, 2024 – In the ICR, the FRA proposes to add one new form, revise two forms and discontinue a form that is no longer required. ASLRRA supports the proposal for the new form, which would replace the current letter-submission procedure and streamline grant recipients’ requests for authority to incur pre-award costs. The association notes the new form would speed up the time-sensitive process of pre-award authority by ensuring requests are submitted to FRA personnel according to a uniform structure with all necessary information included. ASLRRA has no concerns with the FRA’s proposed updates to the two forms, and discontinuing a form that is no longer required.
Washington, D.C., November 14, 2024 – ASLRRA has filed a request with the Occupational Health and Safety Administration (OSHA) in Docket number OSHA-2021-0009: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. Citing the length of the NPRM, the voluminous studies cited, and the comprehensive nature of the proposed new standard, ASLRRA requests that OSHA extend the comment period to March 31, 2025.
Washington, D.C., November 13, 2024 – ASLRRA has filed a request with FRA in Docket numbers FRA-2024-0032: Track Geometry Measurement System Inspections, FRA-2023-0064: Positive Train Control Systems, and FRA-2024-0033: FRA’s Procedures for Waivers and Safety-Related Proceedings. ASLRRA explains that FRA has not provided sufficient time for meaningful engagement to provide the perspective and feedback from small business railroads. Moreover, ASLRRA notes that the FRA did not use the Railroad Safety Advisory Committee (RSAC), which is a typical path to developing rulemakings with industry input, for any of the three filings. ASLRRA urges FRA to provide an additional 60 days for public comment in each of the three dockets.
WASHINGTON, D.C., October 31, 2024 — ASLRRA and AAR have jointly responded to the FRA, calling upon the regulating body to withdraw the Direct Final Rulemaking (DFR) that sets forth policy on gathering information and consulting with stakeholders, refrain from making the regulation effective on November 15, 2024, and take no final agency action until FRA has properly noticed the rulemaking and provided an opportunity for public comment. 5 U.S.C. 553(c). The parties identify several areas where the FRA has failed to properly implement the IIJA mandate, including vague catch-all provisions for determining triggering events, the description of stakeholders for technical expertise, underestimation of cost of compliance, and insufficient outreach to Class I and short line railroads prior to issuing the DFR.
WASHINGTON, D.C., October 14, 2024 – ASLRRA and AAR filed comments in response to the FRA's Notice of Information Collection dated September 17, 2024. The associations stated that FRA underestimates the annual reporting burden by excluding job briefings from its burden estimate and says that OMB should require FRA to reassess it burden estimate with job briefings included in the burden estimate.
WASHINGTON, D.C., September 20, 2024 – ASLRRA joined a broad cross-section of industry stakeholders that currently utilize frequencies in the Lower 900 MHz band. The stakeholders outline use cases such as building and home security, highway transportation, broadband services, automotive, electric utilities, airlines, retail/manufacturing/supply chain, and the internet of things. Based on the overwhelming opposition due to the potential harm posed by the approval of the NextNav Petition, and how NetNav’s insufficient detail to address those potential harms, the stakeholders respectfully request that the FCC dismiss the NextNav Petition.
WASHINGTON, D.C., September 5, 2024 – ASLRRA joined more than 70 entities in expressing concern with NextNav’s proposed reconfiguring of the Lower 900 MHZ band. Among other points, the parties disagree with NextNav’s contention that the band is underutilized detailing many examples of the industries that depend upon it. The parties also point out their concern with the lack of detail about how NextNav intends to work with current users of Part 15 devices, and ask that the FCC maintain the existing rules to require field testing to ensure coexistence with Part 15 devices.
WASHINGTON, D.C., August 30, 2024 – ASLRRA and five member railroads have submitted comments in advance of the Surface Transportation Board’s hearing, Growth in the Freight Rail Industry scheduled for September 16 and 17, 2024. In the comments, the companies outline the varied ways that short lines are focused on the growth of carload business. ASLRRA notes that short lines commonly highlight four components as critical to short line freight rail growth and success: a deep understanding of their customers, investment in infrastructure, working closely with business development groups, and maintaining strong partnerships with their communities and Class 1 partners. Oral comments presented at the hearing are available here.
WASHINGTON, D.C., July 26, 2024 – TASLRRA, Nebraska Central Railroad and the Texas & Northern Railway Company have submitted a petition requesting an oral hearing to set aside the portions of the Federal Railroad Administration’s Crew Size rulemaking related to legacy operations of single person crew on short line railroads. The petitioners make three points supporting the argument that this rulemaking is arbitrary and capricious, and portions of it should be set aside. 1) There is no explanation for the two-year requirement for legacy operations, 2) the rulemaking limits railroads subsequently required to handle hazmat from operating with a single person crew without prior approval of detailed petitions, 3) the rulemaking requires alerters on railroads that have operated a single person crew safely.
WASHINGTON, D.C., July 22, 2024 – The Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) (jointly, the Associations), on behalf of themselves and their member railroads, submit the following comments in response to the Drug Enforcement Administration’s (DEA’s) May 21, 2024, Notice of Proposed Rulemaking (NPRM) proposing to transfer marijuana from schedule I of the Controlled Substances Act (‘‘CSA’’) to schedule III of the CSA.
WASHINGTON, D.C., July 12, 2024 – ASLRRA has submitted a petition for reconsideration of the Signal Certification rulemaking, specifically requesting that the Section 246.103(b), Certification program for new signal railroads be amended to “for each railroad that commences new dispatching operations after July 22, 2024.” This would clarify that existing, approved signal employee certification programs would transfer with the rail line to the new ownership, avoiding an unnecessary disruption to railroad operations. Secondly, ASLRRA asks FRA to modify § 246.123 to allow a railroad to rely on operational testing performed by another railroad, similar to the flexibility granted by § 246.125. This would alleviate the burdensome requirement of every railroad that uses a signal contactor to certify the same signalman annually. Finally, FRA should establish a de minimis exception from the requirements of part 246 that covers limited work to facilitate the adjustment, repair, or replacement of essential components of a highway-rail grade crossing warning system. Without this exception, FRA risks contributing to delays and a decrease in public safety at highway-rail grade crossings. ASLRRA also endorses the petition for reconsideration submitted by the Association of American Railroads and the petition for reconsideration by the Commuter Rail Coalition in this docket.
WASHINGTON, D.C., July 12, 2024 – ASLRRA has submitted a petition for reconsideration of the Dispatcher Certification rulemaking, specifically requesting that the Section 245.103(b), Certification program for new dispatching railroads be amended to “for each railroad that commences new dispatching operations after July 22, 2024.” This would clarify that existing, approved signal employee certification programs would transfer with the rail line to the new ownership, avoiding an unnecessary disruption to railroad operations. Secondly, ASLRRA asks FRA to modify § 245.123 to allow a railroad to rely on operational testing performed by another railroad, similar to the flexibility granted by § 245.125. This would alleviate the burdensome requirement of every railroad that uses a dispatcher contactor to certify the same dispatcher annually. ASLRRA also supports the petitions for reconsideration filed by the Association of American Railroads and the Commuter Rail Coalition.
WASHINGTON, D.C., July 3, 2024 – ASLRRA and AAR jointly filed comments in response to a Notice of Proposed Rulemaking (NPRM), Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements issued by the Cybersecurity and Infrastructure Security Agency (CISA), Department of Homeland Security (DHS). The comments address concerns with an overly-broad definition of ‘covered entity’ and the collection and retention of too much information. In addition, some railroad entities are already required under TSA Directives to report incidents to CISA. Unless addressed, these issues will result in excessive and superfluous reports, which will hamper CISA’s ability to analyze threats and share defensive measures with the speed and accuracy that would make such information valuable. Furthermore, burdensome retention requirements and unclear harmonization guidelines will impose significant expense on businesses, like freight railroads. ASLRRA and AAR urge CISA to adopt a final rule that embraces more targeted reporting requirements and greater harmonization with other agencies.
WASHINGTON, D.C., June 17, 2024 — ASLRRA provided comments in support of member Medocino Railway (MSY) in their proceeding before the Surface Transportation Board. ASLRRA opposes the application for adverse abandonment brought by the Great Redwood Trail Agency, stating that the Agency did not meet the burden of proof required. MRY has presented evidence and argument showing that the present and future public need for service on the Mendocino Line. Moreover, it has shown there is a reasonable expectation that will extend into the future. The evidence submitted by MRY also shows that shippers have committed to moving their freight from truck to rail. This is bolstered by the fact that MRY has obtained a RRIF grant to restore a section of the Mendocino Line, which when restored will permit the full restoration of freight and passenger service on the line.
WASHINGTON, D.C., June 13, 2024 — Chuck Baker spoke at the U.S. House Committee on Science, Space and Technology’s Subcommittee on Investigations and Oversight hearing, titled “ENVIRONMENTALISM OFF THE RAILS: HOW CARB WILL CRIPPLE THE NATIONAL RAIL NETWORK”. The hearing reviewed CARB’s in-use locomotive emissions regulation. ASLRRA submitted written comments for the record noting the serious harm – including the shuttering of short line railroads - to railroads in California as a result of this rule, and ASLRRA’s position that this rule is pre-empted by Federal Law, and capricious and arbitrary, with grave consequences for the interconnected rail network, California businesses, and the public.
WASHINGTON, D.C., June 10, 2024 — ASLRRA submitted comments in response to a US DOT Request for Information on “Goals, Criteria, Thresholds, and Measurable Data Sources for Designating the National Multimodal Freight Network” (NMFN). The NMFN was created under the FAST Act and amended in the IIJA. There have been several efforts to create and update this designation framework, which is already a criterion within the INFRA grant program, and could potentially be integrated into statute or regulation governing other federal assistance programs. ASLRRA expressed concerns that the NMFN, particularly if designation thresholds are set based on national quantitative and objective metrics, as is required, could exclude many if not all short line operations from participation due to our typical inherently smaller scale. We proposed that DOT consider short line inclusion in the NMFN through various dimensions that capture the unique beneficial characteristics of short line services and the value provided by our operations, particularly to rural areas and small communities.
WASHINGTON, D.C., April 22, 2024 — ASLRRA and the California Short Line Railroad Association submitted comments in response to EPA’s notice in connection with California Air Resource Board (CARB)’s request for EPA authorization of CARB’s In-Use Locomotive Regulation pursuant to section 209 of the Clean Air Act (“CAA”). The associations state that CARB has not met the criteria under federal law to warrant the EPA authorization CARB seeks, as the rule is (1) arbitrary and capricious; (2) unnecessary to meet compelling and extraordinary conditions; or (3) inconsistent with CAA section 209. 12. Further, the rule is pre-empted by the ICC Termination Act as it directly targets locomotives, and it has the intent and effect of managing or governing rail transportation. Accordingly, CARB’s authorization request should be denied.
WASHINGTON, D.C., March 15, 2024 — ASLRRA and AAR have asked the Federal Railroad Administration to provide an additional 12 months for Class I, Class II and Class III railroads to comply with the EEBA final rule in light of the manufacturing limitations of the known suppliers of EEBAs and the complications associated with implementation of the final rule due to the variety of devices that may be selected by interchanging railroads, the training on each required, and the time to develop and implement design standards.
WASHINGTON, D.C., March 15, 2024 — ASLRRA has asked the Federal Railroad Administration to provide a de minimis exception to the Emergency Escape Breathing Apparatus standards for Class II and III railroads. The current rulemaking applies to any railroad that operates a freight train that transports a PIH material, including a residue of such a PIH material. This does not account for unintended transport of a car by a railroad that does not typically transport such cars — an unplanned event. Due to the interconnected nature of the rail network, railroads are able to reroute traffic onto other lines or other railroads because of a natural disaster or unanticipated infrastructure repair, and such an occurrence should not result in a penalty for failing to comply with the EEBA final rule when they would not otherwise be required to do so. ASLRRA had requested that short lines be exempt from this rulemaking, but the FRA declined to carve out Class II and III railroads.
WASHINGTON, D.C., December 15, 2023 — ASLRRA has filed supplementary comments to the Occupational Health and Safety Administration’s (OSHA) Docket No. 2021-009, addressing heat-related injuries and illnesses, regarding the Small Business Advocacy Review (SBAR) Panel materials. In the comments, ASLRRA restates its position that the Federal Railroad Administration (FRA) regulates heat-related safety considerations of railroad operations and also comprehensively address various hot and cold-weather related infrastructure and equipment concerns that relate to the safety of railroad operations. Moreover, FRA safety data indicates that heat-related illnesses have not been an issue in the railroad industry. The comments refer to Farmrail’s testimony at the Panel, stating that only 2 injuries in the past five years were heat related. ASLRRA urges OSHA to exclude railroad operations from this ruling, as railroads are adequately regulated by the FRA.
WASHINGTON, D.C., December 15, 2023 — The ASLRRA responded to written comments in the proceeding, restating its position that Class II and III railroads be completely excluded from this rulemaking as was the intention of the Board, noting that nothing in shipper or shipper association comments argued that the Board was incorrect in determining that the NPRM is intended to apply only to Class I railroads. To add clarity, the Board should also modify its definition of “affiliated companies” and also include a requirement that Short Lines be notified of switches impacting their traffic as proposed in ASLRRA’s Comments.
WASHINGTON, D.C., December 4, 2023 — ASLRRA and AAR provided joint feedback in response to an Advance Notice of Proposed Rulemaking (ANPRM) issued by the Pipeline and Hazardous Materials Administration (PHMSA) on July 5, 2023. The ANPRM solicited feedback about certain regulatory initiatives that PHMSA contends may modernize the Hazardous Materials Regulations (HMR) and improve efficiencies while maintaining or improving a current high level of safety. The entities responded to a great number of questions asked by PHMSA, and supported the use of electronic consist paperwork, and the requirement of using AskRail in regulatory language.
WASHINGTON, D.C., November 20, 2023 — ASLRRA has filed comments in response to a petition for rulemaking submitted by SMART Transportation to the state of Washington’s Utilities and Transportation Commission calling for new train crew members to obtain a minimal amount of working experience before being placed in a supervisory or lead position involving the operation of trains. ASLRRA stated in its comments that training and qualification requirements for locomotive engineers, conductors, and other safety-related employees, issued by the Federal Railroad Administration (FRA) pursuant to FRSA, comprehensively regulate this subject, preempting state law.
WASHINGTON, D.C., November 17, 2023 — ASLRRA has provided comments in response to the Environmental Protection Agency (“EPA”)’s August 9, 2023, Proposed Rule, “Revisions to the Air Emissions Reporting Requirements”. In these comments, ASLRRA notes the many ways that member railroads are working to reduce emissions, and recommends the second of two options for states to obtain data proposed by the EPA, which would permit states to view data provided voluntarily to the Eastern Research Technical Advisory Committee (ERTAC) by railroads. ASLRRA cautions that a third proposed option, the “Rail Companies” option, would require EPA to calculate the burden to small businesses, provide regulatory relief and consider less burdensome alternatives for small businesses (short line railroads). As such, EPA should not advance the “Rail Companies” Option.
WASHINGTON, D.C., November 7, 2023 — ASLRRA has filed comments in response to the Surface Transportation Board’s (STB) Notice of Proposed Rulemaking “Reciprocal Switching for Inadequate Service”. In the comments, ASLRRA stated that, if the Board determines to impose new reciprocal switching regulations, the Board should categorically exclude Class II and Class III (short line) carriers, as it has proposed in this proceeding. To add clarity to this intent, the Board should modify its definition of “affiliated companies” as proposed in these comments. The ASLRRA has also recommended that the Board include a requirement that short line railroads be notified of switches impacting their traffic. Providing notice of upcoming changes would allow short lines to continue to provide excellent customer service.
WASHINGTON, D.C., October 27, 2023 — ASLRRA filed comments in response to the Pipeline and Hazardous Materials Safety Administration (PHMSA)’s Notice of Proposed Rulemaking (NPRM) in Docket No. PHMSA-2016-0015 (HM-263): Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information. ASLRRA’s comments called on PHMSA to exclude short lines from this rulemaking, as envisioned in the Advance Notice of Proposed Rulemaking (ANPRM) issued January 19, 2017. ASLRRA argues that the NPRM exceeds the intent of the statutory mandate under the FAST Act, references an NTSB report that specifically addresses only Class Is as support for the rulemaking, that short lines today have procedures in place to provide accurate, real-time information regarding the identity and location of all hazardous materials on a train, and that PHMSA did not sufficiently analyze the impact to small business railroads as required by the Regulatory Flexibility Act.
WASHINGTON, D.C., October 26, 2023 — ASLRRA submitted to the Public Utilities Commission of Colorado its exceptions (“Exceptions”) to Decision R23-0618 (the “Recommended Decision”), and noted its concurrence with Union Pacific Railroad’s exceptions. In comments filed as part of public hearings January 17 and June 1, 2023, ASLRRA noted that fines and due process would be burdensome to the eleven small business railroads in Colorado. ASLRRA recommended that fines be significantly adjusted for small business railroads, and that the Commission engage in a partnership with the Federal Railroad Administration in its Rail State Participation Program as an alternative to the proposed Rules. Joining the partnership, as 30 other states have, would save Colorado money that it would otherwise have to spend enforcing the proposed punitive system of levying fines. The Administrative Law Judge rejected both recommendations. In this filing, ASLRRA urges the Commission to reject the Administrative Law Judge's two findings to avoid the adverse effects on Colorado short lines and thereafter reopen the docket to make new findings consistent with the record to protect the interests of the small business railroads in the state.
WASHINGTON, D.C., September 29, 2023 — ASLRRA joined AAR in filing comments in the Transportation Security Administration’s (TSA) proposed rule Vetting of Certain Surface Transportation Employees. The Associations express five points — the 9/11 Act does not require a rulemaking, the rule lacks a risk-based justification, the rule will hinder network fluidity, there is an alternative available to a rulemaking through the Surface Transportation Security Advisory Committee (STSAC), and the cost of the rule will be unnecessarily burdensome to the industry. The Associations encourage the TSA to halt this rulemaking and pursue these goals via the STSAC.
WASHINGTON, D.C., September 14, 2023 — The ASLRRA has filed joint comments with AAR addressing the Federal Railroad Administration’s Notice of Proposed Rulemaking (NPRM) proposing to amend safety regulations by adding a new requirement that railroads develop and implement programs for the certification of signal employees. The parties state that there is no safety gap identified that would be closed with this rulemaking, point out that the action does not comply with Section 402 of the RSIA, has deficiencies in the cost analysis, is no longer necessary with widespread adoption of PTC, and has inconsistencies with key definitions in RSIA and Part 49, some of which may result in changes required to collective bargaining agreements. Furthermore, railroads should not be responsible to certify non-employees.
WASHINGTON, D.C., September 14, 2023 — The ASLRRA has filed joint comments with AAR addressing the Federal Railroad Administration’s Notice of Proposed Rulemaking (NPRM) proposing to amend safety regulations by adding a new requirement that railroads develop and implement programs for the certification of dispatchers. The parties state that there is no safety gap identified that would be closed with this rulemaking, point out shortcomings in the benefits statement, highlight inconsistencies in definitions with other regulations, and identify implementation issues for railroads. The parties also explain why the rule will not reduce ‘job hoppin’ as suggested by the FRA. Furthermore, railroads should not be responsible to certify non-employees.
WASHINGTON, D.C., September 14, 2023 — In joint comments with NRC related to FRA’s Notice of Proposed Rulemaking (NPRM) for Signal Employee Certification, the parties identify that FRA has failed to provide for regulatory flexibility for small businesses, and that small railroads should not be required to certify non-employee individuals.
WASHINGTON, D.C., September 14, 2023 — In standalone comments FRA’s Notice of Proposed Rulemaking on Certification of Dispatchers, ASLRRA argues that FRA has failed to provide regulatory flexibility for small businesses, that the certification of dispatchers is adequately covered in 49 C.F.R. Part 243, Training, Qualification, and Oversight for Safety-Related Railroad Employees, and that small railroads should not be required to certify non-employee individuals.
WASHINGTON, D.C., August 30, 2023 — ASLRRA and the Association of American Railroads (AAR) filed joint comments in response to the California Air Resources Board’s (CARB) August 8, 2023, Additional Proposed Modifications and Documents for the In-Use Locomotive Regulation.
The comments point out that members of both associations share a desire to improve air quality in California by reducing emissions from rail operations. However, the requirements proposed by CARB’s second modified rule remain completely unworkable given that alternative fuel locomotives are not commercially available now nor will they be in the near future. In addition, ASLRRA and AAR argue that CARB’s rule is preempted by federal law. The associations also argue the second modified rule raises significant substantive questions that require clarification and they ask CARB for further explanation.
WASHINGTON, D.C., August 30, 2023 — ASLRRA and the California Short Line and Regional Railroad Association (CSLRA) filed joint comments in response to the California Air Resources Board’s (CARB) August 8, 2023, Additional Proposed Modifications and Documents for the In-Use Locomotive Regulation.
These comments focus on the financial burden CARB’s rule stands to place on the state’s short line railroads. The cost of compliance for small railroads will be steep, and there lacks sufficient public funds to allow these railroads to meet CARB’s requirements. ASLRRA and CSLRA support their argument with an analysis of each of the funding opportunities purported to be available to help short lines meet regulatory obligations.
WASHINGTON, D.C., August 8, 2023 — The American Short Line and Regional Railroad Association (ASLRRA), on behalf of itself and its member railroads, submitted a request to waive certain provisions of the rule. The ASLRRA expressed concerns with the inclusion of on-duty fatalities and injuries that are not linked to the operation of the railroad in the FRA’s quantitative calculation of inadequate safety performance. Examples may include medical issues resulting in injury or death while on the job. In addition, the ASLRRA has requested that those railroads receiving a notification of a qualitative assessment being conducted to voluntarily comply with the rule, rather than receiving an ‘inadequate safety performance’ designation, submitting an RRP plan within 120 days, and comply with Part 271 for five years. Following the five-year period, railroads could petition FRA to be released from compliance with the rule. This is a safety benefit, as a plan will be in place far faster than after a full determination evaluation, and the 180 day period for submitting an RRP plan if a railroad would be able to voluntarily comply with the rule.
WASHINGTON, D.C., August 5, 2023 — The American Short Line and Regional Railroad Association (ASLRRA), on behalf of itself and its member railroads submitted a request to the Federal Railroad Administration (FRA) to extend the public comment period for an additional 30 days until September 29, 2023, due to the delay by the FRA in providing complete information including Supplementary Data to support the agency’s Regulatory Impact Analysis, which was not made available until July 28, 2023. The additional time would equate to the original 60-day extension for public comment requested by ASLRRA to thoroughly analyze the rule’s impact to short line railroads, and to provide a robust response.
WASHINGTON, D.C., August 5, 2023 — The American Short Line and Regional Railroad Association (ASLRRA), on behalf of itself and its member railroads submitted a request to the Federal Railroad Administration (FRA) to extend the public comment period for an additional 30 days until September 29, 2023, due to the delay by the FRA in providing complete information including Supplementary Data to support the agency’s Regulatory Impact Analysis, which was not made available until July 28, 2023. The additional time would equate to the original 60-day extension for public comment requested by ASLRRA to thoroughly analyze the rule’s impact to short line railroads, and to provide a robust response.
WASHINGTON, D.C., July 26, 2023 — The American Short Line and Regional Railroad Association (ASLRRA), on behalf of itself and its member railroads, submitted written comments for the record of the U.S. Senate EPW Subcommittee on Clean Air, Climate and Nuclear Safety hearing. The comments identify the serious and immediate impacts to short lines, the interconnected U.S. freight rail system, shippers and the public should the California Air Resources Board (CARB)’s proposed 2023 In-Use Locomotive Regulation be implemented in California, or if similar regulations were to be implemented in other states. ASLRRA cites federal pre-emption, burdensome and catastrophic impact on small railroads, modal shift, lack of funding available to achieve the timeline proposed and technology readiness as reasons to avoid implementing CARB’s rule. ASLRRA welcomes the opportunity to work with the Subcommittee on ways to continue to reduce the environmental impact of rail shipping.
TOPEKA, KANSAS, July 13, 2023 — The ASLRRA submitted comments on behalf of member railroads in Kansas, opposing the State’s K.A.R. 36-43-1, entitled “Crew requirements; exceptions,” by which the State of Kansas seeks to regulate the size of locomotive crews operating within the State. ASLRRA argues that the proposed regulation is preempted by Federal Law, that there is no safety data to support this regulation, and that the implementation would immediately harm only short line railroads, as Class Is generally operate with two-person crews, risking the shuttering of these small railroads who support critical industries in Kansas.
WASHINGTON, December 21, 2022 – ASLRRA filed comments in response to Docket No. Fra-2021-0032: Train Crew Size Safety Requirements. The Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) proposes a minimum requirement of two crewmembers for most railroad operations and requires that the second crewmember be physically located on the train, typically in the locomotive cab. ASLRRA argued that the short line industry will be immediately and dramatically harmed by this rulemaking and urged the FRA to withdraw the rulemaking or completely exempt short line railroads from any minimum crew size and location mandate. Via survey and analysis, ASLRRA has documented that 414 short lines, not the FRA-estimated nine, would be impacted.
WASHINGTON, December 19, 2022 – ASLRRA filed comments on December 19, 2022 in STB Docket No. FD 36397: Wisconsin Central, LTD. – Petition for Declaratory Order – Interchange with SOO Line Railroad Company. This proceeding comes from a prior STB determination, which was appealed to the U.S. Court of Appeals for the 7th Circuit, involving one rail carrier unilaterally wishing to change an interchange location. The Board invited interested parties to provide input regarding the potential impacts of different approaches to enable the Board to make an informed decision on interchange rules. ASLRRA provided comments that, in the experience of short lines, most instances involving one party wishing to alter an interchange point are resolved through informal negotiation, which should continue to be the norm.
WASHINGTON, November 30, 2022 – The American Short Line and Regional Railroad Association, on behalf of itself and its member railroads, and the National Railroad Construction and Maintenance Association, on behalf of itself and its contractor members, submit comments in response to the Federal Railroad Administration’s Notice of Proposed Rulemaking to amend its regulation on Training, Qualification, and Oversight for Safety-Related Railroad Employees to codify agency guidance and clarify existing requirements.
WASHINGTON, November 7, 2022 – ASLRRA and NRC jointly filed comments urging the Federal Railroad Administration to use the longstanding and well-defined precedent set by the Railroad Retirement Board (“RRB”) to include only contractors performing the role of conductors, locomotive engineers, and dispatchers as ‘directly affected employees.’ Moreover, the parties noted the reference to a “significant portion of a railroad’s operations,” does not provide the regulatory certainty small businesses need to aid their compliance with regulatory obligations.
WASHINGTON, November 7, 2022 – In comments in response to the California Air Resource Board (CARB)’s Proposed In-Use Locomotive Regulation, ASLRRA advocated that CARB should withdraw the rule or exclude short line railroads. The proposed rule is exempted by federal law and the proposed requirements threaten the economic viability of short line railroads in the state.
WASHINGTON, October 31, 2022 – ASLRRA joined 17 other entities in encouraging the EPA to suspend the rulemaking process to allow OSHA’s review of the PSM standard to advance ahead of any major revisions to the RMP. In addition, the comments outline seven areas of concern for the Agency to consider.
WASHINGTON, August 12, 2022 – ASLRRA provided comments in response to the Department of Transportation’s request for information regarding “Construction Materials Used in Federal Financial Assistance Projects for Transportation Infrastructure in the United States under the Build America, Buy America Act.” ASLRRA expressed support for many of the instructions outlined, and encouraged the DOT to work closely with the Small Business Administration to consider exceptions. Further, ASLRRA provided seven examples of areas, common to rail operations, that should be considered for waivers, urging that waivers be judiciously granted, including general applicability waivers where appropriate, to railroads relying on federal funding for purchasing under programs such as CRISI.
WASHINGTON, June 14, 2022 - ASLRRA submitted comments for the record outlining the many ways that ASLRRA supports its members in enhancing safety practices and advocates for the industry on Capitol Hill and with regulating bodies to advance safety rules and regulations with known safety benefits and to foster – not hinder – technology and operational practices that improve rail safety.
WASHINGTON, April 18, 2022 - ASLRRA provided a written response to the Washington State Utilities and Transportation Commission's rulemaking seeking to implement House Bill 1841, "Minimum Crew Size on Certain Trains," urging the Commission to withdraw its rulemaking. ASLRRA stated that the rulemaking is preempted by the ICC Termination Act of 1995, and detailed additional concerns with the rulemaking for short line railroads. ASLRRA member Genesee & Wyoming also submitted comments on behalf of its three short line railroads in the state.
WASHINGTON, April, 2022 - ASLRRA filed supplemental comments with the Surface Transportation Board (STB) to address a line of questioning brought up by STB Chair Martin Oberman and board member Patrick Fuchs during a hearing discussing the STB’s proposed reciprocal switching rule. Oberman and Fuchs asked what percentage of freight rail industry traffic would be excluded from the proposed reciprocal switching rule if, as ASLRRA prefers, short lines continue to be exempt from the switching regulation. ASLRRA estimates about 10 percent of traffic volume would not be subject to a reciprocal switching mandate if short line traffic were excluded from the rule, which means excluding small railroads from reciprocal switching rules would affect only a small percentage of total railroad freight traffic. The Association’s STB Working Group will continue to monitor this potential rule and advocate firmly for short line interests in this matter.
WASHINGTON, March 28, 2022 - On January 28, 2022, EPA published a notification of tentative response to the December 7, 2018 petition for rulemaking from ASLRRA, AAR, the American Forest and Paper Association (AF&PA), the Treated Wood Council (TWC), and the American Wood Council (AWC). The petition requested the following amendments to the non-hazardous secondary material (NHSM) regulations: (1) Change from mandatory to ‘‘should consider’’ the legitimacy criterion for comparison of contaminants in the NHSM to the traditional fuel the unit is designed to burn found at 40 CFR 241.3(d)(1)(iii); (2) remove associated designed to burn and other limitations for creosote-treated railroad ties found at 40 CFR 241.4(a)(7)–(a)(10); and (3) revise the definition of paper recycling residuals (PRR) that can be burned as non-waste found at 40 CFR 241.2 to remove the limit on non-fiber materials. The Associations oppose EPA’s Proposed Denial and ask EPA to reconsider its flawed decision. Read Attachment A and Attachment B.
WASHINGTON – March 17, 2022 – The Federal Railroad Administration (FRA) revised its regulations governing railroad workplace safety to allow for the use of alternative cybersecurity standards for electronic display systems used to view track authority information for roadway worker safety, and to exempt certain remotely operated roadway maintenance machines from existing heating, ventilation, and air conditioning (HVAC) requirements for enclosed cabs. ASLRRA submitted comments on February 9, 2021, with AAR, supporting the proposed changes. This final rule codified a longstanding waiver that had been granted to ASLRRA associate member, Harsco Track Technologies, for a roadway maintenance machine (RMM) designed to function without a dedicated operator located on the machine. Railroads have safely operated equipment subject to this waiver since 2008.
WASHINGTON, March 15 and 16 - ASLRRA submitted comments and written testimony to the Surface Transportation Board (STB) for a hearing concerning Docket No. EP 711 (Sub-No. 1), which is a notice of proposed rulemaking (NPRM) on reciprocal switching first introduced in 2016. Baker testified at the meeting on behalf of short line railroads. He was joined by David Clarke, retired director of the Center for Transportation Research at the University of Tennessee-Knoxville, and Doc Claussen, chairman of ASLRRA's Board of Directors and vice president of ASLRRA member Gulf and Ohio Railways. The speakers will express opposition to the proposed reciprocal switching rules, arguing that such regulations stand to make freight railroading less efficient, complicate routing and decrease rail network infrastructure investments. If the Board does create such a rule, the rule should fully exclude all traffic served by short lines. Baker provided an overview of the short line position, Clarke discussed the unique economics of short lines and explain to the board how mandated reciprocal switching would adversely affect small railroads, while Claussen added a first-hand account of the how short lines go above and beyond to achieve success for customers and thus a forced switching rule is not needed.
WASHINGTON – March 8. ASLRRA submitted comments in response to the Federal Railroad Administration’s Request for Information (RFI) regarding the Corridor Identification and Development Program.
The program “creates a new framework to facilitate the development of new, enhanced, and restored intercity passenger rail corridors throughout the country.” In its comments, ASLRRA emphasizes that some of the Association’s short line members successfully host passenger rail service now, while others would welcome collaborative conversations about hosting new or expanded passenger services.
ASLRRA cautions, however, that any new proposals should address potential impacts, and the Association suggests certain principles be followed to best evaluate potential new or expanded passenger rail operations on host short line railroads. The principles focus on safety, access and capacity, full compensation and risk mitigation and a customized approach.
WASHINGTON, March 7 - ASLRRA sent a letter this week to several federal agency leaders with suggestions for minor changes to the National Environmental Policy Act (NEPA) in the U.S. Department of Transportation (DOT) implementing regulations at 23 CFR Part 771. In January, several short line industry officials and ASLRRA staff participated in a virtual roundtable with Federal Railroad Administrator Amit Bose, Surface Transportation Board Chairman Martin Oberman, and Ports Envoy John Porcari and their respective staffs. During that call, several ideas for addressing supply chain congestion were raised and discussed. After the call, the Federal Railroad Administration welcomed subsequent ideas and feedback, which prompted ASLRRA’s recent letter. The Association believes the changes presented in the letter could help expedite FRA-funded projects that impact supply chain congestion.
WASHINGTON, March 4 - ASLRRA submitted comments responding to the U.S. Department of Transportation’s (DOT) Request for Information (RFI) concerning the department’s ongoing research plan. The Association addressed three questions in the RFI. ASLRRA urged Transportation Secretary Pete Buttigieg to pursue the Transportation Research Board’s truck size and weight research plan, which contains 27 projects to determine the various impacts of raising the status quo weight and lengths of commercial trucks. ASLRRA also urged research on rail geographic information system (GIS) data, suggested further DOT and Department of Energy (DOE) collaboration on locomotive emission reduction, and commended FRA’s efforts on the Broad Agency Announcement research funding program. ASLRRA has applied for a research grant through this program and hopes to be funded soon.
WASHINGTON, February 17, 2022 - ASLRRA filed a response to shippers and shipper groups comments to the STB's September 2, 2021 invitation to respond to EP 767, regarding first-mile/last-mile ("FMLM") service. ASLRRA collected information on how some short line railroads capture service data and are responsive to customer concerns. We found that there is no single metric or set of metrics or data reporting process that would make sense for the STB to mandate of 600 different small business short lines. Overall, short lines are very responsive to their customers and quickly address any identified service issues, particularly in the provision of FMLM services.
WASHINGTON, February 15 - ASLRRA President Chuck Baker testified at a virtual Surface Transportation Board (STB) hearing regarding an application by Amtrak to be allowed to operate passenger trains on CSX and Norfolk Southern lines between New Orleans, Louisiana and Mobile, Alabama. In his testimony, Baker offered support for new passenger operations, and offered some strategies to ensure each new opportunity is individually reviewed, rather than having a one-size-fits-all process. He also discussed ways potential impacts to the national freight rail system could be thoroughly explored and addressed before allowing new or expanded passenger services. Such impacts would include infrastructure investments that might be needed to comply with regulations, and to mitigate potential harm to the overall fluidity of the line and service to current freight rail customers. Watch Baker’s testimony on YouTube here.
WASHINGTON, January 26, 2022 - ASLRRA joined AAR and APTA responding to OSHA's Advance Notice of Proposed Rulemaking addressing heat-related injuries and illnesses. The parties noted that Federal Railroad Administration has long collected and evaluated heat-related injury/illness data and effectively addresses the concerns raised in the ANPRM. Pursuant to longstanding jurisdictional precedents governing the federal safety regulation of railroad operations, OSHA should exclude railroads from this proceeding and instead permit FRA to continue to regulate temperature- and weather- related safety considerations unique to railroad operations and occupations. See, e.g., 1978 FRA & OSHA Policy Statement, 43 Fed. Reg. 10,583 (Mar. 14, 1978).
WASHINGTON, December 17, 2021 - ASLRRA submitted comments in response to the USDOT’s December 3, 2021, Notice of Request for Public Comment (“RFC”), soliciting input on the draft DOT strategic framework. In the comments, ASLRRA encouraged a) the use of the Federal Railroad Administration’s Office of Research Development & Technology to assist in advancing safety, b) to permit the use of eABS and AGTMS technology to increase fluidity in the supply chain, and c) engaging stakeholders in any regulatory action. ASLRRA also offered suggestions on grant program administration, including those recently made available in the Infrastructure Investment and Jobs Act.
WASHINGTON, December 16, 2021 - ASLRRA filed comments on the Surface Transportation Board’s Docket EP 767, First-Mile/Last-Mile Service. ASLRRA responded to the three concerns put forth by the STB – seeking examples of FMLM issues, useful FMLM metrics, and data recording of FMLM issues. In conclusion, ASLRRA urged the Board not to require short line railroads to create systems to track and report uniform metrics, as it is not clear what metrics would be helpful, or the cost burden associated with the collection. Finally, it is not clear that there is a FMLM issue from short line customers, as short lines are ‘laser focused on providing excellent customer service’.
WASHINGTON, November 18, 2021 - ASLRRA and AAR filed an amicus brief supporting defendants BNSF Railway Company and Union Pacific Railroad Company in the case before the Unites States Court of Appeals for the District of Columbia. The question before the DC Circuit is the proper scope of 49 USC 10706’s provision regarding admissibility of communications between railroads regarding interline traffic. The lower court ruling reflects a very restricted view of the protections afforded to railroads by the statute. The amicus brief seeks to educate the Court regarding the scope, importance and complexity of interline traffic, and the need for railroads to be able to communicate broadly and effectively with each other regarding that service in order to offer competitive transportation products.
WASHINGTON, November 17, 2021 - ASLRRA submitted comments for the record related to the United States House Committee on Transportation & Infrastructure hearing on “Industry and Labor Perspectives: A Further Look at North American Supply Chain Challenges.” The comments outlined the short line industry’s vital contributions to North America’s supply chain and urged the Committee to avoid actions which would exacerbate supply chain problems, including efforts to increase truck size and weight, mandate crew sizes, or stifles the use of technology. ASLRRA encouraged the Committee to advance important funding opportunities such as CRISI that help short line freight railroads invest in infrastructure to continue to support efficiency and improvements to the U.S. supply chain.
WASHINGTON, November 11, 2021 - ASLRRA submitted comments for the record for the United States House Committee on Transportation & Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials hearing November 9, “Does Discrimination Exist in Federal Passenger Rail Contracting?” In the comments, ASLRRA expresses its strong support of the goals of the USDOT’s DBE (Disadvantaged Business Enterprise) program, one of the topics raised in the Committee hearing. ASLRRA stated its eagerness to continue dialogue on the topic, discouraging any fixed dollar or percentage set-asides, and encouraged consideration of alternative solutions like improved resources, education and awareness for the program so that submissions for procurement opportunities are successful.
WASHINGTON, October 22, 2021 - ASLRRA joined AAR in filing this response to the FRA’s August 23, 2021 information request reflecting the agency’s renewal of a paperwork collections approval for locomotive safety standards (CFR 49 Part 229). The parties note that no regulation has changed, yet the report indicates a substantial reduction in time spent managing the regulation and the related paperwork (232,348 hours, while in 2018 OMB determined the collection burden for complying with essentially the same rules was 3,815,751 hours). The parties ask for an opportunity to review the data that supports the 94% reduction in the estimated burden. Absent that information, the AAR and ASLRRA call the proposed changes to the estimated burden capricious and arbitrary.
WASHINGTON, September 24, 2021 - ASLRRA and AAR filed supplemental comments in response to FRA’s Notice of Proposed Rulemaking to revise 49 C.F.R. Part 232 to address the use of electronic air brake slips (“eABS”) to track mechanical inspections and freight car mileage. The associations reiterated and provided additional support for FRA’s action to modernize and improve its existing air brake inspection regulations and to implement certain proposals in AAR’s 2019 petition for rulemaking on the same topic. This rulemaking, if finalized, would move safety forward while also directly advancing climate and environmental goals.
WASHINGTON, September 3, 2021 - ASLRRA joined AAR in responding to an Environmental Protection Agency’s August 4 request for recommendations to Waters of the United States (WOTUS). The Associations support a clear, common-sense approach to regulating features such as WOTUS, and support continuing the general exclusion for ditches as drafted in the Navigable Waters Protection Rule. As the Agencies consider new approaches, the Associations request consideration for express exclusion of railroad ditches in any revised rule or implementing guidance.
WASHINGTON, September 2, 2021 - ASLRRA joined the AAR in filing comments on the Department of Energy’s July 26, 2021, “Notice of Inquiry on Preparation of Report to Congress on the Price-Anderson Act.” The Associations and their members urge the Department to continue the current Price-Anderson indemnification program without modification.
WASHINGTON, June 7, 2021 - ASLRRA provided comments in response to the rulemaking by the Utilities and Transportation Commission to implement House Bill (HB) 1841, Chapter 170 of the Laws of 2020, at WAC 480-62-255, “Minimum Crew Size on Certain Trains.” ASLRRA previously provided comments on September 4, 2020 and December 18, 2020 in this proceeding. Unfortunately, the proposed regulations at WAC 480-62-255 suffer from the same deficiencies as HB 1841. Specifically, the text is preempted by the ICC Termination Act (ICCTA) and provides a disincentive to short line railroads to upgrade their infrastructure.
WASHINGTON, June 4, 2021 - ASLRRA and AAR filed comments in response to DOT’s notification of regulatory review regarding the consistency of existing regulations and other agency actions with the policies and objectives set forth in Executive Orders (“EO”) 13990 (‘‘Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis”) and 13992 (“Revocation of Certain Executive Orders Concerning Federal Regulation”). The Railroads took the opportunity to comment below on two recent rulemaking proceedings undertaken by DOT’s Federal Railroad Administration (FRA) that directly further climate and environmental goals described in EOs 13990 and 13992. The Railroads believe these rulemakings, “Brakes I” final rule and eABS NPRM, serve as examples of how regulatory modernization that facilitates greater efficiency can also deliver improvements in safety and environmental impact.
WASHINGTON, May 19, 2021 - ASLRRA joined AAR in submitting written comments in response to OSHA’s February 16, 2021, notice of proposed rulemaking to revise its hazard communication standard at 29 C.F.R. Part 1910. The parties urged OSHA to clarify that the proposed rule change is not intended to place additional regulatory requirements on railroads. The safe transportation of hazardous material via rail is already prescribed by the HMTA and the relevant PHMSA regulations. For purposes of consistency, compliance, and safety, DOT’s existing regulations should continue to govern all aspects of railroads’ transportation of hazmat.
WASHINGTON, May 17, 2021 - ASLRRA filed written comments regarding the State of Colorado’s Public Utilities Commission's ("Commission") Notice of Proposed Rulemaking ("NOPR"), outlining concerns with the breadth of the proposed rules, the Commission's regulatory authority in general, and the viability of the proposed rules as it relates to federal preemption, judicial review, and/or agency review. In addition, ASLRRA questions if the proposed Rule would result in safety improvements. ASLRRA offered several changes to the rule and suggested partnering with FRA’s Rail State Safety Participation Program as an alternative to the proposed civil penalties.
WASHINGTON, May 14, 2021 - Today, ASLRRA and AAR are submitting the attached comments in response to the Federal Highway Administration’s December 14, 2020, notice of proposed amendments (“NPA”) to the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Our comments focus on the grade crossing-related provisions of the NPA, aiming to further ongoing safety improvements. The railroads specifically emphasize the revised MUTCD should involve grade crossing diagnostic teams that include railroad representatives in evaluating and determining appropriate safety measures at highway-rail grade crossings.
WASHINGTON, May 11, 2021 - Chuck Baker testified on behalf of short line railroads before the United States Senate Committee on Commerce, Science, & Transportation Subcommittee on Surface Transportation, Maritime, Freight, and Ports during a hearing, “Freight Mobility: Strengthening America’s Supply Chains and Competitiveness.” Baker outlined the key features of short line railroads and their contributions to a safe, competitive, and environmentally-friendly U.S. transportation system. Finally, he provided some guidance on policies that would enhance those benefits as part of a transportation or reauthorization bill.
WASHINGTON, April 1, 2021 - ASLRRA joined AAR in providing comments to the National Highway Traffic Safety Administration’s (“NHTSA”) advance notice of proposed rulemaking (“ANPRM”), Framework for Automated Driving System Safety, addressing Automated Driving System (“ADS”) safety for motor vehicles. ASLRRA/AAR requested that all DOT agencies take a consistent approach toward safety advancements and technological innovation related to the development of autonomous technology across the various modes of transportation, including for railroads. Not only will the public benefit from technology-driven safety gains in rail and other industries, but a mode-neutral approach will ensure a level playing field among all transportation options. Additionally, ASLRRA/AAR commented that, to maximize the safety benefits of ADS technology, it must be designed to recognize all highway-rail grade crossings and respond appropriately to all active and passive grade crossing warning devices and approaching trains.
WASHINGTON, March 16, 2021 - ASLRRA joined AAR in providing comments to FRA’s notice of proposed rulemaking to revise 49 CFR Part 232, addressing the use of electronic airbrake slips to track mechanical inspections and freight car mileage. ASLRRA supports FRA’s action to modernize and improve its existing air brake inspection regulations and to implement certain proposals in AAR’s 2019 petition for rulemaking on the same topic. The NPRM proposals would not only increase the efficiency of railroad operations, but would advance railroad safety, reduce injury exposure to railroad employees, and result in significant climate, economic, and other societal benefits.
WASHINGTON, March 10, 2021 - Caren Kraska, President and Chairman of the Arkansas and Missouri Railroad (A&M), testified before the House T & I Subcommittee Hearing, “Full Steam Ahead for Rail: Why Rail is More Relevant Than Ever for Economic and Environmental Progress”. Her testimony included commentary on the nature of short line railroads, the economic and societal benefits of short line freight rail, and provided a number of suggestions for upcoming transportation funding bills.
WASHINGTON, February 22, 2021 - ASLRRA filed comments generally in support of FRA’s proposed rulemaking on Fatigue Management (Docket No. FRA 2015-0122). ASLRRA also provided feedback on four items: more time is required for development and submission of fatigue management plans; workers not employed by railroad carriers should not be included in the plan requirements; FRA’s statement regarding widespread napping policies is overbroad; and more time is required to develop and conduct fatigue plans and training. Please note that only short line railroads deemed to be “inadequate safety performers” by FRA would be required to submit a fatigue management plans as part of a Risk Reduction Program.
WASHINGTON, February 22, 2021 - ASLRRA has filed a Reply to comments made regarding STB Docket EP 704 (sub-1), stating that while the shipper comments generally opposed the proposed new approach, there were a few points that merited a Reply from ASLRRA on behalf of short lines. ASLRRA submitted comments to this docket on January 29, 2021. ASLRRA is opposed to the adoption of the proposed methodology.
