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., 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., March 7, 2024 — ASLRRA President Chuck Baker testified at the U.S. House Committee on Transportation and Infrastructure hearing titled “Department of Transportation Discretionary Grants: Stakeholder Perspectives.” Baker offered insight into how federal grant programs are performing for short line railroads, and particularly noted the positive impact of the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program on short lines and the communities they serve. Finally, Baker offered recommendations for ways to improve the grant process. As supplemental material, Baker presented support from shippers viewable here.
