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Today the freight railroad industry – Class Is, short lines, suppliers and contractors to the industry, and the major Associations that represent them - will participate in a 25+ year tradition, Railroad Day on Capitol Hill. Participants will meet with 304 offices to ensure Congress understands their perspective when considering important legislation including Surface Transportation reauthorization, tax, and annual appropriations.
“This time-honored tradition, which has continued without interruption including online through the COVID years, is bringing 327 citizen lobbyists to Washington today to exercise their first Amendment right to petition their government and tell their story,” said Chuck Baker, President of the American Short Line and Regional Railroad Association, which represents the nation’s more than 600 short lines, and their suppliers. “With important legislation being taken up in the coming months, it is the right time to educate lawmakers about the actions they can take to ensure that the nation’s freight rail system continues to be a growth engine, delivering safe and efficient service for tens of thousands of energy, agriculture, manufacturing, and industrial customers across the nation.”
This year, the industry will call upon Congress to:
“In the coming weeks, Congress will be taking up FY26 Appropriations, a tax bill, and beginning to outline priorities for a Surface Transportation bill reauthorization. Railroad Day on Capitol Hill is an opportune time for our industry to put a face on the entities that their actions will impact, making connections that will be invaluable to the industry and to Congress as it considers legislation that will produce powerful outcomes for the public,” said Baker.
However, advocacy does not end after the event’s evening reception being held tonight. In the days following Railroad Day on Capitol Hill, ASLRRA staff, railroaders and other stakeholders will continue to connect with lawmakers on the important issues discussed above, as well as topics specific to different parts of the country.
ASLRRA member Farmrail produced a short-line-specific informational document with industry facts that members may find useful for continued communication with elected officials and policymakers at all levels of government. Click here to view the file.
ASLRRA's Richard Sherman (far left) and Crystal Gitchell (second from left) distributed materials to Railroad Day on Capitol Hill participants on the morning of the event.
Watch ASLRRA's social media pages and Railroad Day on Capitol Hill webpage for more images from today.
ASLRRA has updated its Part 228 compliance template resources, uploading a revised version of Form FRA F 6180.3, Excessive Hours of Service Report.
Going forward, railroads should use this new version of the form, which must be submitted to the Federal Railroad Administration when covered service employees exceed their hours-of-service limitations. ASLRRA members can access this form by logging in and going to the Compliance Templates section of the Safety & Compliance page.
ASLRRA has submitted comments in response to a request for information (RFI) from the U.S. Department of Transportation asking stakeholders to identify burdensome regulations and regulatory obligations.
In its comments, ASLRRA recommended the repeal of four rules. They include rules requiring signal employee certification and dispatcher certification, the rule establishing emergency escape breathing apparatus (EEBA) standards and the train crew size rule.
ASLRRA also recommended the Federal Railroad Administration finalize two rules, the Training, Qualification, and Oversight for Safety-Related Railroad Employees rule and the Amendments to Brake System Safety Standards Governing Operations Using an Electronic Air Brake Slip System. Both currently exist as proposed rules and were initially created after petitions for rulemaking from ASLRRA for the former and the Association of American Railroads for the latter.
Last, 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.
The Small Business Administration’s Office of Advocacy also submitted comments on the RFI, which incorporated information gathered during a listening session in April. ASLRRA’s Senior Vice President, Safety, Regulatory, and Environmental Policy Jo Strang participated in the listening session, bringing feedback she had collected from members of the Association’s Safety and Training and Small Railroad Committees. Information related to the FRA starts on page 16 of the document.
Two press releases from the Surface Transportation Board (STB) discuss steps the board is taking to increase transparency and further efforts for reform.
On May 1, the STB announced Vice Chairman Michelle Schultz would hold informal listening sessions with attorneys who practice before the agency. The sessions will provide legal practitioners an opportunity to share ideas about ways to streamline the processes and procedures that affect those who appear before the STB.
The listening sessions will be held in person at STB headquarters on May 21 and 22 and one virtual session will be held on May 28. Attorneys interested in participating must contact the STB’s Michael Small by May 8.
The STB’s second press release, published May 5, offered updates on outstanding board proceedings. These include a pending action by the STB on its recently vacated Final Office Rate Review final rule and various requests from several Class I railroads, the city of Philadelphia, the Kansas Department of Transportation and other organizations.
The Railroad Retirement Board (RRB) has published results of a triennial longevity study of railroad retirement annuitants, discussing its findings in the May installment of its monthly Question and Answer (Q&A) series. The study is conducted every three years as part of a valuation of future revenues and annuity payments.
The study uses data through 2021 to examine the life expectancy of male and female annuitants, as well as disability, spouse and widow annuitants. The study also looked at the impact of the COVID-19 pandemic on mortality rates. Results show that, on average, a male railroad employee retiring at age 60 can be expected to live another 22.7 years, while a woman retiring at the same age is expected, on average, to live 25.5 years more.
The Small Business Administration’s Office of Advocacy and the Environmental Protection Agency (EPA) will co-host a listening session on May 19 to discuss development of the EPA’s Waters of the United States (WOTUS) proposed rule.
Small business stakeholders can attend the event via Zoom or in person and may sign up for a three-minute speaking slot. Registration is required for all participants no matter how they choose to attend.
The EPA plans to develop a proposed rule to revise the amended 2023 definition of WOTUS in accordance with the Supreme Court’s ruling in Sackett v. EPA. The session will help the EPA and Army understand stakeholders’ real-world perspectives and experiences with WOTUS. Specifically, the agencies are seeking input on key topics related to the definition of “waters of the United States,” regarding “continuous surface connection,” “relatively permanent,” and jurisdictional versus non-jurisdictional ditches.
This is one of several WOTUS listening sessions the EPA has scheduled for various groups. More information about the EPA’s public outreach efforts can be found here.
The Senate has introduced its version of the Short Line Railroad Maintenance Tax Credit Modernization bill, S. 1532. This is a companion to House bill H.R. 516 that was brought forth in January.
Senators Mike Crapo (R-Idaho) and Ron Wyden (D-Ore.) introduced the bill, which will increase the per-mile credit cap from $3,500 to $6,100; index the per-mile credit cap for inflation; and make all track eligible for the credit.
Both Crapo and Wyden have championed the short line tax credit. They worked to have the credit made permanent as part of a larger spending package passed in 2020.
The House version of the bill currently has 61 co-sponsors. It was introduced by Representatives Mike Kelly (R-Pa.) and Mike Thompson (D-Calif.).
“This 45G Tax Credit is widely considered an effective and successful public policy. It has been responsible for significant private investment in infrastructure, but outdated caps and limitations are threatening to erode its potency,” said ASLRRA President Chuck Baker. “We are immensely grateful for the bipartisan and bicameral leadership of Senators Crapo and Wyden and Representatives Kelly and Thompson in supporting the continued growth and success of the short line industry and more importantly the thousands of agricultural, energy, manufacturing, and industrial shippers we serve.”
Kristin Bevil, general counsel and chief legal officer at ASLRRA member parent company Pinsly Railroad Company, testified yesterday 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: Improving the Efficiency and Effectiveness of Federal Rail Assistance.”
Bevil, who is also an ASLRRA executive board member, represented the short line industry perspective. She detailed the transformative impact to rail safety and efficiency for customers that has been made possible by the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program, noting that CRISI is the only federal rail infrastructure grant program for which short line railroads are directly eligible.
Pinsly Railroad Company has received four CRISI grants in various cycles. Bevil detailed both the beneficial results and the challenges in executing the projects, providing a number of process changes that should be considered as Congress works on a reauthorization of the Surface Transportation Bill. Ms. Bevil also urged Congress to preserve CRISI’s advanced appropriations structure. Without it, federal investment becomes less effective, fewer projects move forward and the communities that rely on short lines are left behind.
Other rail programs discussed during the hearing were Operation Lifesaver, Inc., Section 130 and the Rail Crossing Elimination (RCE) program.
A recording of the hearing is available on the Transportation and Infrastructure Committee website, while a copy of Bevil’s written testimony is here.
On Monday, Representatives John Moolenaar (R-Mich.), Jay Obernolte (R-Calif.) and Craig Goldman (R-Texas) introduced the Lifting Overburdensome Commerce Obstructions and Motives (LOCOMOTIVES) Act, which would prohibit state agencies from requesting waivers to the federal Clean Air Act from the Environmental Protection Agency (EPA).
In 2023, the California Air Resources Board (CARB) requested a waiver from the EPA for its In-Use Locomotive Regulation. ASLRRA and many others opposed the request, which would have imposed unrealistic deadlines and significant burdens on railroads and forced some short lines in California out of business entirely.
The LOCOMOTIVES Act would revise Section 209 of the Clean Air Act to prevent CARB from requesting waivers for rules that would require interstate trains to adhere to environmental standards stricter than those imposed by the federal government. ASLRRA joins the Association of American Railroads (AAR), the Supply Chain Federation and other organizations in supporting this bill.
ASLRRA President Chuck Baker was quoted in the press release from Rep. Moolenaar’s office announcing the LOCOMOTIVES Act.
"We applaud Congressman Moolenaar’s leadership in introducing legislation that would prevent the possibility of unworkable and infeasible state regulation of locomotives involved in interstate commerce,” said Baker. “This bill would close a Clean Air Act loophole that could be used by a state to circumvent federal regulation of locomotives and create a de facto national rule that would risk the viability of small business freight railroads.”
The Senate Committee on Commerce, Science and Transportation will hold a nominations hearing on May 13 to consider four candidates for federal posts. One of those candidates is David Fink, who has been nominated to lead the Federal Railroad Administration (FRA).
The hearing will be broadcast live on the committee website.
ASLRRA supports Fink, who led Pan Am Railways from 2006 until it was acquired by CSX in 2022. Prior to its sale, Pan Am Railways was one of the nation’s largest short lines and an ASLRRA member. In a statement issued when Fink’s nomination was announced in December, ASLRRA President Chuck Baker said, “ASLRRA is excited to support the nomination of David Fink to lead the Federal Railroad Administration. David will bring a fulsome understanding of the entirety of the unique, interconnected U.S. freight rail network. He has extensive experience interacting with all of the relevant stakeholders in the rail industry.
We know him as a high energy, solution-minded strategist, and, following his confirmation, look forward to working with him on smart regulations that advance the safety of rail in the U.S. and on expediting the FRA’s critical infrastructure investment programs.”
Indiana Governor Mike Braun has signed a bill establishing a short line railroad tax credit for qualified infrastructure investments. Eligible projects include construction of new rail infrastructure or maintenance, reconstruction or replacement of existing infrastructure.
The law allows Class II and III railroads to claim up to 50 percent of the cost of qualified railroad expenditures in the state, capped at $3,500 per mile for existing infrastructure or $500,000 for new projects. New projects covered by the credit are those that involve construction related to servicing new customer locations.
Adam Robillard, general manager at ASLRRA member Madison Railroad and chair of the Railroads of Indiana advocacy group, wrote about the new law in a LinkedIn post, saying, “This is a win-win for balanced transportation, economic growth, and our supply chain resilience within Indiana - helping local businesses connect to national networks more efficiently and affordably…Without a doubt this will have a positive impact on the health of our industry, rural communities, and the small railroads that call Indiana home.”
Indiana is one of several states that have established a state tax credit similar to the federal short line tax credit program. Passage of these state-level programs, which include grants and other funding, reflects the efforts of freight rail employees and advocates who work diligently to talk to local and state officials about the importance of railroads and the kinds of policies that can help rail thrive. ASLRRA encourages its members to get engaged at all levels of government.
SA Rail, based in Maumee, Ohio, provides railcar services to freight railroads, shippers and railcar leasing companies. Its focus is on offering quality railcar services including railcar repair, inspection and cleaning as well as transloading. It also provides fleet management and consulting services related to equipment health and railcar mechanical issues. President Sam Anderson is our primary contact and can be reached on (406) 560-6920.
What are the latest ways Association members can engage with ASLRRA? What is ASLRRA’s most recent call-to-action? Below are some of the different types of information the Association would love to gather.
Join subject matter experts from the Federal Railroad Administration (FRA), ASLRRA and Iowa Northern Railway Company for an in-depth classroom and hands-on equipment training experience June 3-5 in Waterloo, Iowa.
The FRA Locomotive & Car Compliance (Part 215) training seminar delivers critical compliance training to short line railroad chief mechanical officers, shop foremen, inspectors, and other railroad employees handling locomotives and railcars. Training includes two-and-a-half days of classroom instruction and a half day of hands-on field training covering compliance requirements of locomotives and railcars. FRA subject matter experts will review CFR Parts 215, 229 and 232 from a mechanical employee’s perspective and discuss common defects found throughout the industry and recommended actions for compliance.
Other training seminars will take place throughout the summer and into October. Go to ASLRRA’s Training Seminar webpage to view upcoming events.
In order to help employees of small railroads attend these seminars, ASLRRA offers two scholarships, the Doug Golden Scholarship and the Jake Jacobson Memorial Scholarship.
Doug Golden Scholarships award up to $1,200 to help cover registration, travel and lodging fees for industry-specific training, while the Jake Jacobson Memorial Scholarship awards $500 to cover registration for an ASLRRA training seminar. Use the links above to apply for a scholarship online.
Industry experts in ASLRRA's Member Discount Program can assist member railroads in the preparation and submission of a number of different grant applications at the federal, state and local levels. This includes Maryland’s Freight Rail Grant Program (FRGP), which recently opened its grant application period.
As a preferred provider of grant writing services, Colliers Engineering and Design offers discounted rates, industry expertise, and exceptional service to ASLRRA members. Visit ASLRRA’s Member Discount Program page and select Grant Writing Services to learn more about Colliers and other exceptional preferred providers.
The Maryland Department of Transportation (MDOT) has opened the application period for its Freight Rail Grant Program (FRGP), administered by the MDOT’s Office of Rail and Intermodal Freight. Applications are due June 30.
Railroads, local jurisdictions, businesses and other agencies and organizations can apply for funding to preserve railroad corridors, support economic development and foster sustainability and innovative technologies. Funding cannot be used for routine maintenance of railroad corridors or railroad infrastructure unless the project aligns with FRGP goals and objectives. A Frequently Asked Questions document describes program focus areas with which projects should align.
Yesterday, the U.S. Department of Transportation (USDOT) announced approval of 180 grant awards for infrastructure projects under several USDOT agencies and different grant programs, including Consolidated Rail Infrastructure and Safety Improvements (CRISI) and Railroad Crossing Elimination (RCE) grants. The approval brings the grants to obligation, enabling grant recipients to begin executing their projects.
Under the Federal Railroad Administration (FRA), $282.4 million was approved for 24 projects across five grant programs. ASLRRA members Seminole Gulf Railway and Keokuk Junction Railway, which were announced as CRISI grant recipients in the Fiscal Year 2022 cycle, can begin work on their rail upgrade projects for which they received $9.6 million and $15.3 million, respectively.
Other CRISI grants brought to obligation involve various state and local agencies. There were also 14 RCE projects on the USDOT’s list. A full list of all approved projects can be found here.
JR Gelnar and Sabrina Waiss were in Freeport, Maine, to present the ASLRRA Leadership Program – Regulatory Module.
Check out the following popular recordings, presented by subject matter experts and including engaging audience Q&A at the end of the presentation:
Visit ASLRRA’s webinar homepage and log in to view all the on-demand offerings in the Association’s webinar library.
Click here for a calendar of industry events.
Views & News is published by American Short Line and Regional Railroad Association.
Please contact Mariel Takamura, associate editor, with questions or comments.