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Views & News - January 15, 2025

Views & News


Issue Highlights:

  • Regulatory – ASLRRA, AAR file comments on FRA’s PTC system proposed rule
  • Legislative – ASLRRA works to inform freshman lawmakers about small railroad industry
  • ASLRRA Events – Early bird rates end TODAY for ASLRRA Annual Conference
  • Grants and Funding – Wisconsin DOT rail grant applications due Feb. 1
  • Announcements – General Counsel Sarah Yurasko celebrates five years at ASLRRA
  • Webinars – New webinar to discuss emergency authorities and traditional rulemaking
  • Industry News and Events – Submit an entry for Railway Age magazine’s railroad of the year awards

 


Headlines

Short Line Notable News

New Pinsly Railroad to Serve the North Florida Mega Industrial Park

Railroad members! If you want to be featured in this section, please email us the link. You can also tag us (@ASLRRA) in your social media posts. Interested in seeing your railroad showcased in your local newspaper? Contact Amy Krouse for assistance.

California Air Resources Board Withdraws In-Use Locomotive Regulation Waiver Request

In news announced yesterday, California has withdrawn several requests for waivers to the Environmental Protection Agency (EPA) seeking permission to enact state policies to curb transportation emissions. One of these requests was for the state’s in-use locomotive regulation, which would have required, among other things, railroad operators to begin transitioning to zero-emission locomotives in 2030.

The EPA said it ran out of time to review the waivers before the transition to the new administration, which prompted California Air Resources Board (CARB) officials to withdraw its requests in part due to the lack of support from the incoming administration for such policies. A copy of CARB’s withdrawal letter is here, and a copy of the EPA’s letter acknowledging CARB’s withdrawal notice is here.

ASLRRA has long worked on behalf of its members against the enactment of this rulemaking, stating the catastrophic effect of implementation on short line railroads in California. ASLRRA and the Association of American Railroads (AAR) had sued CARB on behalf of their members over the rule, which the associations argued imposed unrealistic requirements and unreasonable burdens on railroad companies and threatened to put small railroads in California out of business.

ASLRRA and the California Short Line Railroad Association (CSLRA) also submitted joint comments to the EPA in April asking the agency to deny CARB’s request for a waiver, saying that the request conflicted with requirements under the Clean Air Act and pointing out the severe implications the rule would have on short line railroads in California and nationwide.

ASLRRA staff is reviewing this news and its immediate effects.  

 


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Regulatory

ASLRRA, AAR File Joint Comments on FRA Proposed Rule Addressing PTC System Outages

ASLRRA has filed joint comments with the Association of American Railroads (AAR) in response to the Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) concerning amendments to safety regulations concerning positive train control (PTC) systems.

The FRA had said that existing PTC rules do not adequately address temporary situations in which PTC technology is not enabled, such as during outages, maintenance, repairs or upgrades. The NPRM would establish parameters and restrictions governing railroad operations that occur in these situations.

In their comments, ASLRRA and AAR note that they support a rulemaking that would offer relief for operations occurring under unplanned system outages. However, the associations oppose some changes considered unduly burdensome, such as requiring railroads to limit operations to restricted speeds after 24 hours of an unplanned PTC outage. The associations also ask the agency to modify the scope of some changes and revise and clarify others.

 

FRA Notice of Proposed Waiver Would Affect Buy America Requirements for Older Locomotives

The Federal Railroad Administration (FRA) has issued a notice proposing to waive Buy America requirements for certain locomotive projects. Comments on the notice are due Jan. 28. ASLRRA staff is reviewing the notice and intends to submit comments.

The proposed waiver would apply to the purchase of pre-owned locomotives that would be used as the underframe or chassis for renewable-energy locomotives. According to the FRA, due to the age of older locomotives that might be purchased for conversion projects, it could be difficult to verify their compliance with Buy America regulations. Therefore the general applicability waiver would be issued for FRA-funded projects that involve procuring used locomotives to be overhauled. The waiver would not apply to any other manufactured products, construction materials or the purchase of new items required for the project.

 

STB Approves CN Acquisition of ASLRRA Member Iowa Northern

The Surface Transportation Board (STB) has approved the acquisition of ASLRRA member Iowa Northern Railway Company by Class I railroad Canadian National Railway Company (CN).

In approving the acquisition, the board also imposed certain conditions to mitigate potential anticompetitive impacts. In a press release, the STB identified some of the most significant conditions, namely “several specific requirements designed to keep gateways open on commercially reasonable terms in perpetuity; compliance with several reporting requirements during a three-year oversight period established by the Board; the development of a scheduled local service plan; and the maintenance of access to locations in current voluntary reciprocal switching tariffs.”

In its decision, the STB also approved related notices of exemption for trackage rights filed by CN subsidiary Chicago, Central & Pacific Railroad Company and Iowa Northern.

 

Associations File Joint Comments Responding to OSHA Heat Injury Proposed Rule, SBA Office of Advocacy Also Comments

ASLRRA, the Association of American Railroads (AAR) and the American Public Transportation Association (APTA) submitted joint comments in response to the Occupational Safety and Health Administration’s (OSHA) notice of proposed rulemaking (NPRM) concerning workplace heat injury and illness prevention.

The associations ask OSHA to exclude railroads from the proposed rule for several reasons. First, they point out that railroads are subject to Federal Railroad Administration regulations concerning worker safety, and in addition to those rules being comprehensive, OSHA’s authority to regulate ends when another federal agency, like FRA, regulates in the same area. The comments also say OSHA’s rule does not consider the unique nature of the railroad operational environment and imposes overly burdensome and unnecessary requirements.

The U.S. Small Business Administration’s (SBA) Office of Advocacy has also submitted comments in response to OSHA’s proposed rule. In a fact sheet summarizing their comments, the Office of Advocacy says that small businesses view the safety and health of their employees as a paramount concern, but do not want OSHA to adopt a “one-size-fits-all” regulatory approach. The comments urge OSHA to consider regulatory approaches that offer more flexibility and minimize the impact on small businesses. Recommendations include tailoring the rule to high-risk sectors and consideration of less costly alternatives like a training-only rule.

ASLRRA and the SBA’s Office of Advocacy have been involved with OSHA’s rulemaking for several years. The issue was discussed at several small business regulatory roundtables in which ASLRRA staff participated, and both the Office of Advocacy and ASLRRA member Farmrail participated in an OSHA Small Business Advocacy Review panel focused on the rule.

 

FRA Withdraws Proposed Rulemaking Concerning Procedures for Waivers

The Federal Railroad Administration (FRA) has withdrawn a proposed rule to define two components of the statutory waiver and suspension standard, which would update the agency’s procedures for waivers and safety-related proceedings.

The notice of proposed rulemaking (NPRM) was withdrawn on Dec. 31. ASLRRA staff had reviewed the proposed rule and was preparing to submit comments in response.

The FRA said it withdrew the NPRM due to resource constraints and because the agency had previously issued guidance on the subject matter covered by the proposed rule. Although the FRA made this decision, it said in its notice that it could pursue similar regulations in the future and will consider updating existing guidance.

 

Two New Publications from the FRA: FAMES Alert and Hazardous Materials Compliance Manual

Two recent publications from the Federal Railroad Administration (FRA) focus on safety. An alert from the FRA’s Fatality Analysis of Maintenance-of-way Employees and Signalmen (FAMES) Committee discusses a recent roadway worker accident, while the Hazardous Materials Compliance Manual is focused on the FRA’s hazmat rail safety oversight programs.

In the FAMES alert, the committee reminds roadway workers to stop work immediately once notified they will no longer have on-track protection. The alert was issued in response to a recent incident where a worker received non-life-threatening injuries after being struck by a train while fouling the track. The worker was part of a group that had been notified to occupy the pre-determined place of safety, after which on-track protection was released.

The Hazardous Materials Compliance Manual, which is effective today, is meant for hazardous materials (hazmat) safety inspectors and technical specialists who monitor compliance with federal laws concerning transportation of hazmat by rail. In addition to discussing FRA oversight programs, the manual defines the roles and responsibilities of Hazardous Materials Division (HMD) personnel, describes types of investigations and inspections and covers reporting, notifications and approvals and related topics.

 

Minimum Drug and Alcohol Testing Rates to Remain Unchanged for 2025

Minimum drug and alcohol testing rates for covered service, maintenance-of-way (MOW), and mechanical (MECH) employees will remain unchanged for calendar year 2025, according to a notice published by the Federal Railroad Administration (FRA).

For calendar year 2024 and now calendar year 2025, the rates are:

  • Covered service employees—25 percent for drugs and 10 percent for alcohol
  • MOW employees—25 percent for drugs and 10 percent for alcohol
  • MECH employees—50 percent for drugs and 25 percent for alcohol

The FRA notes that these are minimum rates, and railroads and railroad contractors may conduct random testing more frequently. For mechanical employees, the FRA says it requires two full years of industry-wide Management Information System (MIS) data to adjust testing rates. Since the agency does not yet have MIS data for 2024, which marks the end of the two-year period, minimum random rates will stay at 50 percent for drugs and 25 percent for alcohol through the end of 2025.

 


ASLRRA All MDP


 


Legislative

ASLRRA Government Affairs Team Works to Connect with Freshman Lawmakers

With the 119th Congress in place, ASLRRA’s government affairs team has started outreach to its freshman members, introducing them to the short line industry and the role small railroads play in local, state and national economies.

ASLRRA’s legislative priorities include passing the 45G short line tax credit modernization bill and securing robust funding for key programs like Consolidated Rail Infrastructure and Safety Improvements (CRISI) grants. Achieving these goals requires support from members of Congress, which makes outreach and education a critical part of the process.

While ASLRRA staff and members of the Association’s Legislative Policy Committee (LPC) work diligently to connect with both new and veteran members of Congress, these elected officials also value communication directly from their constituents. ASLRRA encourages its short line members to connect with their federal representatives and tell them how small railroads are an important part of their communities.

The Association can help railroads make these connections, from identifying the correct member of Congress and relevant contact to helping schedule site visits. Members needing assistance can contact ASLRRA’s Crystal Gitchell or Richard Sherman for help.

 


ASLRRA Annual Conference heading

Early Bird Rate Ends Today Hear from Colorado-Based Supplier Members Describing What Makes Denver Great for Conference Attendees

ASLRRA is looking forward to hosting its Annual Conference and Exhibition in Denver, Colorado April 6 to 8, and those looking forward to attending the event only have until the end of the day today to secure their registration at Early Bird prices.

Association supplier members located in Denver recently shared their thoughts about what makes the city such a good place for Annual Conference goers looking to explore and make the most of their trip to the conference and the state.

Representatives from Ogborn Consulting Group, PS Technology and MaxAccel talked about the area’s restaurants, museums, picturesque natural features and great weather as some of the perks of attending the Denver conference.

There are many other aspects of ASLRRA’s Annual Conference that make it a must-attend event, including an Exhibit Hall with hundreds of companies seeking to solve railroad business challenges, and more than 40 hours of education. Register today for the conference and join industry colleagues in Denver.

Attendees are also encouraged to book lodging in ASLRRA’s hotel block before rooms are sold out. Click here to go to ASLRRA’s event lodging page for information regarding room availability, rates, booking deadlines and direct links to each hotel. 

 


ASLRRA grants and funding heading

Applications for Wisconsin Freight Railroad Grants Due Feb. 1

Privately owned railroads are now eligible for the Wisconsin Department of Transportation’s (WisDOT) Freight Railroad Preservation Program (FRPP), which awards grant funding for track and bridge rehabilitation, track construction and other rail projects like acquisitions.

Grant applications for rehabilitation and construction are due Feb. 1. For the state fiscal year 2025 there is $8 million in bonding authority and $13 million in segregated funds available for eligible projects.

WisDOT also administers the Freight Railroad Infrastructure Improvement Program (FRIIP), which provides loans up to 100 percent for rail projects. FRIIP applications are considered on an on-going basis and can be submitted at any time throughout the year.

 

Short Line Railroads Receive Federal Grant Funding Through Railroad Crossing Elimination Program

Several Class II and III railroads will benefit from grants awarded through the Federal Railroad Administration’s (FRA) Railroad Crossing Elimination (RCE) program.

The FRA announced it would award $1.2 billion in RCE funds to 123 railroad projects, improving or studying over 1,000 highway-rail crossings in 41 states. Four ASLRRA members partnered with public organizations that applied for and received RCE grants for construction projects.

Over $43 million will go to the Illinois Department of Transportation for the Chicago Region Environmental and Transportation Efficiency Program (CREATE) to make grade crossing and bridge improvements on infrastructure owned by the Belt Railway Company of Chicago.

In Alaska, $29.8 million will go toward replacing an existing at-grade crossing with a grade-separated crossing on the Alaska Railroad.

The South Dakota Department of Transportation received nearly $16 million to eliminate an at-grade crossing on the Rapid City, Pierre and Eastern Railroad, helping improve connectivity between the Town of Piedmont and the City of Summerset.

And in Florida, the Space Coast Transportation Planning Organization will use $4.8 million to improve safety at seven at-grade crossings on a 40-mile Florida East Coast Railway corridor. Click here to view the full list of RCE grant recipients.

 


Announcements

ASLRRA Quick Clips

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.

  • Share details about your organization’s feel-good stories or community work
  • Have a near-completed CRISI project? Contact Amy Krouse to tell us more.

Nominations Sought for ASLRRA Associate Member Board Seat

ASLRRA is seeking nominations by Feb. 7 for individuals wishing to run for election to the Association’s board of directors representing associate business members (suppliers).

There are two board seats representing associate members and there is one board vacancy that needs to be filled. Kareen Gray from Wabtec and Lucas Brewer from Colliers Engineering & Design are the two Associate Board Members elected by the supplier membership. Gray’s term expires this year.

The board responsibility involves two, in-person board meetings annually and several conference calls throughout the year. Board members are also expected to attend the annual conference and fall regional meetings, and urged to attend Railroad Day on Capitol Hill. The newly elected board member will also work closely with the Supplier Committee and provide agenda items to benefit the membership.

A member wishing to suggest themselves or nominate a candidate should contact Nominating Committee Co-Chairs Steve Friedland of Short Line Data Systems or Beth Garguilo of Lincoln Transportation Insurance Brokers. She can be reached on Beth.Garguilo@lincolnins.com or (315) 768-6110 and he can be reached on sfriedland@sdsrocs.com or (973) 769-6505. ASLRRA staff will assist with the election process. 

 

Getting to Know ASLRRA’s Sarah Yurasko, Celebrating Five Years at the Association

ASLRRA Senior Vice President, Law and General Counsel Sarah Yurasko celebrates her five-year work anniversary this week. In her role, Yurasko advises on all legal matters for the Association and represents the short line industry nationally on policy matters. Outside of her role, Yurasko loves spending time with her family. Read our Q&A to learn more about ASLRRA’s in-house legal eagle.

ASLRRA: How did you get your start in the railroad industry?

SY: I accepted a job at FRA’s Office of Chief Counsel right out of law school and haven’t considered another industry since. I’m proud to be part of the greater good of safely and efficiently moving goods and people across North America.

ASLRRA: What is the best part of your job? What is your favorite thing about the short line industry specifically?

SY: The best part about my job is that it is something different every day – from policy to litigation to governance to contracts, and everything in between, it is impossible to ever be bored. My favorite thing about the short line industry is the people. All the short line railroaders that I have been privileged to work with are so friendly and genuinely want to help each other out. We have the best members, and it is so rewarding to be their advocate.

ASLRRA: What is the most surprising thing about your job and/or ASLRRA?

SY: The most surprising thing about ASLRRA is how we do so much with such a lean team – ASLRRA truly punches above its weight in terms of advocacy and impact.

ASLRRA: As you look to the rest of the year and beyond, what are you excited about for railroading and member engagement?

SY: Short line railroads excel at growth, so I am excited for all of the projects that our member railroads will start in 2025, especially those supported by the CRISI program. I’m also looking forward to our annual conference in Denver, as we have a great line-up of speakers and content, including very timely legal sessions, in one of my favorite States (Colorado).

ASLRRA: What would our members be surprised to know about you?

SY: I love traveling in my motor home with my husband, our five kids, and dog. We have been to 27 states and counting by RV!

Sarah Yurasko in RV

Sarah Yurasko enjoys taking trips with her family in their RV. Here they are right outside the Great Sand Dunes National Park in Colorado during a visit they made last summer.

 

February and March Training Seminars Filling Up Quickly, Register Today

ASLRRA’s first two training seminars of 2025 will take place in San Diego, California, and interested participants are encouraged to register for these popular events soon before spots are filled.

FRA Drug & Alcohol (Part 219) and DER Roundtable will be held February 25 to 27, and the General Code of Operating Rules (GCOR) will take place March 11-13.

The drug and alcohol training seminar delivers an in-depth review of Part 219, including all sections of the rule and requirements for railroads and contractors, while the GCOR training is intended for railroads who have adopted the GCOR as their operating rules and may be used to meet operating rules training as required by 49 CFR Part 240, 242 and 214 Subpart C.

ASLRRA is committed to helping employees of small railroads take advantage of critical training opportunities. Scholarships are available – click here to learn more.

Registration is also open for all of ASLRRA’s other training seminars scheduled for 2025. Use the links below for more information about these events.

 

ASLRRA Preferred Provider Colliers Helps Members With Grant Applications

Industry experts in ASLRRA's Member Discount Program can assist member railroads in the preparation and submission of grant applications at the federal, state and local levels. This includes the New York Passenger and Freight Rail Assistance Program and the Wisconsin Freight Railroad Preservation Program, both of which are now accepting applications.

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.

 


2025 GCOR Training Seminar Banner


 


Out and About

Staff Shorts: Who’s Where in the Railroad World

Jo Strang was in Omaha, Nebraska this week to attend an Operation Lifesaver, Inc. (OLI) board retreat hosted by Union Pacific Railroad. The Board of Directors is welcoming new OLI Vice Chair Rod Doerr as well as new members from Union Pacific, CSX, Norfolk Southern, BNSF, CP and CN.

JR Gelnar, Amy Krouse and Sabrina Waiss traveled to Sacramento, California to participate in ASLRRA’s inaugural Train the Trainer workshop at the California State Railroad Museum. The Association will offer limited seating in two additional Train the Trainer workshops later in 2025.

Chuck Baker offered remarks yesterday at a farewell party for outgoing Federal Railroad Administration (FRA) appointees at U.S. Department of Transportation headquarters. Nicole Brewin, Jo Strang and Sarah Yurasko also attended the partyToday, Baker was in Chicago at the Midwest Association of Rail Shippers (MARS) Winter Meeting to moderate a panel discussing industrial development.

Fred Oelsner attended the Association of American Railroads Geographic Information System Committee (GISC) meeting in Jacksonville, Florida. Cameron Downs also attended the meeting virtually.

Sabrina and JR at Train the Trainer workshop

Chuck Baker at FRA farewell party

Top left: Sabrina Waiss (left) tries to get JR Gelnar to replicate what she is seeing in an exercise meant to practice active listening skills, used at ASLRRA's Train the Trainer workshop held this week in California.

Top right: Chuck Baker speaks at a farewell party for FRA appointees.


Webinars

Upcoming Webinars

January 29 – Emergency Authorities v. Traditional Rulemaking in the Railroad Industry

Aram Gavoor, Associate Dean and Professor at The George Washington Law School, will discuss emergency authorities granted to agencies such as the Transportation Security Administration (TSA) to regulate the railroad industry and others, separate from rulemaking procedures memorialized in the Administrative Procedures Act. Prof. Gavoor will be joined by ASLRRA SVP & General Counsel Sarah Yurasko for a facilitated audience Q&A session following the presentation.

Presented by:

  • Aram Gavoor, Associate Dean and Professor, The George Washington University Law School
  • Sarah Yurasko, Senior Vice President, Law and General Counsel, ASLRRA

 

On-Demand Webinars

Recorded Webinars Feature Engaging Presentations and Question and Answer Segments

Webinar speakers offer important information during their presentations, but the opportunity to engage in question and answer (Q&A) sessions after the presentation often provides further clarity to webinar participants.

ASLRRA’s recorded webinars include both the presentations and the Q&A sessions, allowing viewers to hear what points the audience wanted further clarified or addressed. Look for the titles below in ASLRRA’s On-Demand Webinar library, all of which feature an engaging Q&A segment:

  • Expertise Management: An Innovative Approach for Succession Planning in the Railroad Industry
  • The DOT’s New Oral Fluid Testing Final Rule – What Do Employers Need to Know?
  • Building a Successful Drone Program

Visit ASLRRA’s webinar homepage and log in to view all the on-demand offerings in the Association’s webinar library.

 


Industry News and Events

Railway Age Magazine Accepting Nominations for Short Line Railroad and Regional Railroad of the Year Awards

Submissions for the Railway Age Short Line Railroad of the Year and Regional Railroad of the Year awards are due Feb. 5. Winners will be recognized at ASLRRA’s Annual Conference and Exhibition taking place April 6 to 8 in Denver, Colorado.

Class II and III railroads in the U.S., Mexico and Canada are eligible for the awards, which recognize achievement in one or multiple areas, such as operations, customer service, safety improvement and community relations. In addition to being recognized at ASLRRA’s Annual Conference, winning railroads will be featured in the March issue of Railway Age, to be distributed at the event.

 

 

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.