In this section, we showcase short line industry stories published in local media.
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Three organizations, the Chamber of Commerce of the United States of America, the National Taxpayers Union Foundation (NTUF) and the Ohio Chamber of Commerce have filed amicus briefs in support of the petitioners who have filed suit against the Federal Railroad Administration (FRA) challenging its recently enacted two-person crew size rule.
The U.S. Chamber of Commerce argues in its brief that the FRA’s decision to enact a minimum crew size rule after previously considering and then withdrawing such a rule is an example of “agency flip-flopping” that, in this case, was done without consideration of conflicts with prior agency findings and the potential harm inflicted on regulated parties.
As part of its arguments, the Chamber of Commerce says when a federal agency repeatedly changes its policy, the agency must provide a reasoned explanation for that change, especially when such a change will “impose new regulatory burdens and undermine stability.” The brief goes on to say that the FRA failed to adequately justify its opposite decision and “disrupted the status quo” for railroads that had previously been told by the FRA that two-person crews were unnecessary.
In the brief filed by the NTUF, the organization also argued that the FRA ignored the burdens the new rule will impose on railroads. Requiring two-person crews will stifle innovation in the rail industry and impose regulatory barriers that will ultimately harm the national market, consumers and taxpayers.
Also, according to the NTUF, Congress has granted the FRA power to make rules required to enhance rail safety. However, because, as admitted by the FRA, there is no meaningful data to support the argument that two-person crews are safer than one-person crews, the rule is not a safety regulation and the FRA does not have the authority to impose it.
The Ohio Chamber of Commerce provides similar arguments as those presented in the other two amicus briefs, writing the rule does not further railroad safety; the economic burden on businesses and customers outweighs any “purported benefits” of the rule; and with the Supreme Court’s recent decision to overturn the Chevron doctrine, the court should not defer to the FRA’s judgement because of its inconsistency on the subject of crew size.
In its brief the Ohio Chamber of Commerce gives examples of how the crew-size rule will affect railroads, describing how ASLRRA member Napoleon, Defiance & Western Railway was able to transform its business and bolster growth of the local economy and private enterprise through investment of funds in ways the railroad considered most beneficial. But such a success story is made less likely by the FRA’s rule, which imposes “needless costs” on these railroads and ultimately undermines safety because they will be forced to divert resources away from other important projects. The Ohio Chamber of Commerce goes on to cite ASLRRA’s comments on the FRA’s rule, noting the Association’s data on the significant burden the rule will impose on the nation’s short line and regional railroads.
ASLRRA and the Association of American Railroads (AAR) recently filed separate briefs with the United States Court Of Appeals for the Eleventh Circuit in this case. In their briefs both ASLRRA and AAR request an oral hearing, arguing the FRA’s rule is arbitrary and capricious under the Administrative Procedures Act. While the AAR focuses on the rule as a whole, ASLRRA looks specifically at distinctions made in the rule’s short-line-specific provisions.
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The Federal Railroad Administration (FRA) issued a Safety Bulletin after the death of a conductor that occurred during a switching operation.
While the FRA continues to investigate the accident, the Safety Bulletin reminds those in the railroad industry to identify and discuss location-specific safety issues during safety briefings and employee trainings. The bulletin also urges railroads to work to increase awareness of territorial qualifications with its employees “to ensure employees are familiar with the territory on which they work and the risks of shove movements.”
The fatally injured employee became a qualified conductor in May 2024, prompting the FRA to further advise railroads to review rules concerning assistance for conductors who lack territorial qualification on other than main track physical characteristics and discuss with employees Switching Operations Fatality Analysis (SOFA) Recommendation No. 5 – Mentor less experienced employees to perform services safely.
The FRA goes on to highlight its other publications that address safety during shoving movements and switching operations. ASLRRA maintains a webpage with links to recent agency safety alerts, bulletins and other publications. Click here to view it.
In the August edition of its monthly Question & Answer (Q&A) series, the Railroad Retirement Board (RRB) discusses the difference between railroad retirement and social security benefits, and includes a comparison of disability, death and survivor benefits.
The Q&A explains why the benefits paid to retired employees and spouses are higher and how railroad employees and spouses can be eligible for regular annuities sooner than those receiving social security benefits. In addition to comparing other types of benefits, the Q&A explains the difference between railroad retirement and social security payroll taxes and gives an example of how much an employee might pay in railroad retirement taxes compared to social security when earning a certain income in 2024.
Two technical reports from the Federal Railroad Administration (FRA) discuss very different topics, a study of track ballast degradation and development of a framework to facilitate knowledge transfer in the rail industry.
The study on ballast, titled “Relationship of Inspection Methods to Ballast Degradation Models: Phase II,” was conducted to update existing models for mechanics-based track geometry degradation. According to the study’s executive summary, a potential outcome of this research is “a general improvement in the ability to forecast track geometry behavior” which would include both short-term risk assessments and projections on changes in track behavior depending on ballast maintenance and long-term forecasts that further include the effects of variations in track structure, tonnage or climate.
The report on knowledge transfer, titled “Expertise Management for Safety Leadership Positions in the U.S. Railroad Industry,” describes testing of the Expertise Management (EM) Framework methodology developed by researchers to help mitigate critical knowledge loss in the railroad industry. According to researchers, the study was able to identify “tacit knowledge,” and “the intricate decision-making processes and internalized expertise” of seasoned railroad employees that is “often not captured through traditional documentation.”
ASLRRA hosted a webinar on the EM Framework in Oct. 2023, which is mentioned in the report as enabling the research team to introduce EM tools to a large group of short line railroads. ASLRRA member Aberdeen Carolina & Western Railway Company and member parent company Anacostia Rail Holdings also participated in the study.
The study recommends broader implementation of the EM Framework in the railroad industry to help it cope with employee separations and a retiring workforce. Some emphasized actions include the development of train-the-trainer programs and customization of EM products for specific railroad needs.
IAIS Chief Safety and Sustainability Officer Greg Wilson (left) listens with Representative Darin LaHood (center) as Zevis Railway Signaling Signal Supervisor Daniel Oneal discusses a hot box detector on Iowa Interstate Railroad’s line between Chillicothe and Peoria, Illinois.
ASLRRA member Iowa Interstate Railroad (IAIS) hosted Representative Darin LaHood (R-Ill.) on Aug. 2 for a discussion of rail safety that included a train ride to see some of IAIS’s current infrastructure projects.
Meeting with LaHood were IAIS President and CEO Joe Parsons, Vice President and Chief Legal Officer Onna Houck, Chief Safety and Sustainability Officer Greg Wilson, Chief Engineer Greg Mitchell and Zevis Railway Signaling Signal Supervisor Daniel Oneal.
As part of the visit, LaHood inspected a hot box detector located between Chillicothe and Peoria, Illinois. He then rode a train on that line to view a demonstration of the hot box detector’s operation. The train ride also offered an opportunity for LaHood to observe work being completed on IAIS’s annual crosstie replacement program and the initial phase of a total bridge replacement currently underway. Both projects helped illustrate the importance of infrastructure improvements to overall railroad safety.
LaHood’s visit to IAIS is an example of how railroads can engage their elected officials and help them understand the issues unique to short line and regional railroads. According to IAIS’s Houck, persistence and patience are two keys to making such a meeting happen.
In an email interview, Houck described how IAIS extended an invitation for a summer 2023 visit to LaHood’s office after Short Line Railroad Advocacy Day. When that plan fell through, IAIS reiterated its invitation at the 2024 Railroad Day on Capitol Hill event and continued to keep in touch with LaHood’s local Peoria office, not only for a visit but also to offer itself as a resource on rail issues.
In addition to having patience, being flexible was crucial when it came to finalizing details. LaHood’s office confirmed the congressman’s visit only three days before the event, so the team at IAIS shuffled their schedules to accommodate him.
For IAIS, interaction with elected officials is important and the railroad “welcomes all legislators to its property to observe and experience our rail safety initiatives.” Being able to make its voice heard is a necessity in today’s political climate.
“Given the current rail safety debate in both Congress and the public, we wanted to highlight our asset health network and continuous infrastructure investment to provide context to the legislative conversation,” noted Houck in her email.
ASLRRA encourages its members to pursue similar visits with lawmakers. For railroads unfamiliar with their representatives on Capitol Hill, the Association’s government affairs team can help connect them with the appropriate congressional office. Contact ASLRRA’s Crystal Gitchell or Richard Sherman for more information.
ASLRRA announces the featured general session speakers confirmed for the Association’s Eastern and Southern Region Meeting, which will be held Sept. 30 to Oct. 2 in Jacksonville, Florida.
Pipeline Hazardous Material Safety Administration (PHMSA) Associate Administrator William Schoonover will discuss real time reporting on hazardous materials, including new requirements for emergency responder notification, plans and testing.
Paddy O’Neill of the Greenbrier Companies and David Sellers of the North American Boxcar Pool will discuss the future of boxcar supply while University of Texas at Austin Professor C. Tyler Dick will discuss locomotive power and issues related to hydrogen and battery engines and decarbonization.
Individuals are encouraged to register soon for the regional meeting, as rates will increase on Aug. 22. Additionally, space is nearly full in the golf tournament taking place at the Slammer & Squire Course. Rooms are still available in ASLRRA’s room block at the Hyatt Regency Jacksonville. The deadline for discounted hotel rates is Sept. 9.
Register for ASLRRA’s Other Fall Events – Early Bird Rates Expire Soon
Individuals can also register for ASLRRA’s other fall events, the Central and Pacific Region Meeting and the General Counsel Symposium and Finance & Administration Seminar, which take place concurrently in Dallas, Texas.
The Central and Pacific Region Meeting will be held Oct. 28 to 30, with a golf tournament at the Luna Vista Golf Course. Early bird rates for the meeting and golf end on Aug. 20. Room reservations in ASLRRA’s room block at the Westin Galleria Dallas are still available, and the deadline for discounted hotel rates is Oct. 7.
The General Counsel Symposium takes place Oct. 28 and 29 and the Finance & Administration Seminar takes place Oct. 29 and 30. Attendees must register separately for each event. The early bird rate for both events expires Aug. 15. Those who register for these events can also secure a room in the ASLRRA room block at the Westin Galleria Dallas.
Railroads seeking project funding from the Pennsylvania Department of Transportation’s (PennDOT) Rail Transportation Assistance Program (RTAP) and the Rail Freight Assistance Program (RFAP) have until Aug. 30 to submit grant applications online.
PennDOT announced Monday that the grant application period was open. Both the RTAP and RFAP offer funding for rail freight infrastructure projects to help preserve existing freight rail service and promote new or expanded service in the state.
Pennsylvania boasts the highest number of operating railroads in the U.S. In 2023, PennDOT awarded $42.5 million to 25 rail freight projects, many of which are being completed by ASLRRA members.
California agencies are reminding businesses in the state that the Clean Off-Road Equipment Voucher Incentive Project (CORE) will begin accepting vouchers for the purchase or lease of new zero-emissions off-road equipment on Aug. 13.
The program is meant to help cover the cost difference between traditional equipment and their zero-emission alternatives. Eligible equipment includes cargo handling equipment, railcar movers and freight locomotives, construction and agricultural equipment, mobile power units and more. Additional funding is also available for charging infrastructure, equipment bought by small businesses and equipment used in pollution-overburdened communities.
Equipment users participate by selecting equipment from the CORE Eligible Equipment Catalog and connecting with a CORE-approved dealer to submit a voucher request and complete the transaction. In addition to information available on the website linked above, an updated Implementation Manual explains CORE and all terms and conditions for program.
ASLRRA has tapped industry experts to assist member railroads in the preparation and submission of grant applications for programs currently available from the Federal Railroad Administration, U.S. Department of Transportation and other sources. This includes the federal Railroad Crossing Elimination (RCE) grant program and the Pennsylvania Department of Transportation’s rail freight grant program, both of which are currently 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.
Seven representatives from the Federal Railroad Administration (FRA) will attend ASLRRA’s Railroad Accidents/Incidents (Part 225) Training Seminar to help ensure attendees have a complete understanding of the requirements, tools and resources related to this regulation. There are only a few spots available in this seminar, which takes place Aug. 27 and 28 in New Orleans, Louisiana.
ASLRRA’s JR Gelnar will also join the FRA representatives in providing instruction and facilitating discussion at the training. Attendees will not only learn about the regulation, they will become more familiar with how to access and utilize available templates, plans and policies meant to aid compliance.
Click here for more information or to register for the event.
To help employees of small railroads attend this important industry training, ASLRRA offers scholarships of up to $1,200 to help cover registration fees and travel and lodging costs. These scholarships are made possible through generous donations from the Doug Golden-Mary Cullen Charitable Fund. Click here for more information about the scholarship program and to complete an online application form. Applications are accepted and awarded on a rolling basis throughout the year, but limited funds are available for the remainder of 2024.
Jake Jacobson Memorial Scholarships of up to $425 are also available to offset the cost of registration fees for ASLRRA training events. Ten scholarships are being awarded thanks to a generous donation from the family of the late Jake Jacobson. Click here to learn more and complete an application.
Organizers of this year’s Joint Committee Meeting have finalized the agenda for the event, which is hosted by associate business member Spark TS and takes place Aug. 13 and 14 in St. Paul, Minnesota.
On Aug. 13 a full group meeting will take place at the Union Depot, with several committees providing updates on a variety of topics. An optional evening reception on Aug. 13 allows participants to tour the James J. Hill House.
Individual committees will hold meetings on Aug. 14, all of which take place at the Hyatt Place Hotel. Click here for more information about the meeting or to register.
In the August issue of Railway Age magazine, Chuck Baker’s ASLRRA Perspective column mentions the upcoming Surface Transportation Board (STB) hearing on freight rail industry growth and the Association’s eagerness to participate. Baker offers a look at some short line success stories that are indicative of the ways small railroads are able to grow their businesses despite any and all challenges.
Baker’s column features five vignettes, each focused on an ASLRRA member and that railroad’s unique growth strategy. For an R. J. Corman railroad branch in Kentucky, success came from the development of custom unit-train service to capture truck traffic between an aluminum can recycling plant and a can sheet facility. Offering direct service between the companies allowed the railroad to add over 11,000 carloads annually.
In Arkansas, Kiamichi Railroad invested $9 million to upgrade an entire 180-mile route and build site infrastructure for a new feed mill built by Tyson Foods, a move that has generated over 11,000 new carloads for the railroad and supports over 50 local jobs.
Mission Mountain Railroad in Montana defied the odds and, instead of closing when traffic fell to less than 12 cars a week, purchased a lumber transload facility from its last remaining customer and pursued new business with another shipper. This pivot revitalized the railroad and has helped attract new shippers.
For the Chicago South Shore & South Bend Railroad, working with Class I partners was beneficial to shipper United States Steel and all involved railroads, while partnerships between railroads and local economic development agencies helped the Bay Line Railroad connect with a customer, Peak Renewables, that was looking for a rail-ready site.
As Baker points out, “the short line industry is nimble, necessary, and noted for its attentive and customized service,” all of which makes for a business development model worth following.
Fred Oelsner is in McDonough, Georgia Aug. 6 and 7 to attend a meeting of RailCAST, a group of railroad, government and labor representatives who gather to discuss innovations in railroad safety technologies. The meeting is taking place at the Norfolk Southern Training Center and includes tours of the center’s facilities as well as a Norfolk Southern digital train inspection portal in Jackson, Georgia.
ASLRRA’s On-Demand Webinars enable railroad professionals to learn more about important industry topics at times and places that are convenient to them. Included in the Association’s extensive list of webinar recordings is information about a range of railcar alerts, maintenance and billing issues. Look for the titles below in the Operations and Safety category in ASLRRA’s webinar library.
Visit ASLRRA’s webinar homepage and log in to view all the on-demand offerings in the Association’s webinar library.
The Railroad Retirement Board (RRB) will host the twelfth triennial National Rail Employer Training Seminar (NRETS) Sept. 11 and 12 on its virtual platform. The seminar is meant for railroad officials who prepare and file reports and conduct other business with the RRB.
Seminar participants will hear from RRB executives on the state of the agency, learn from subject-matter experts about employer and employee issues and have the opportunity to update company records with the RRB.
More information and links to register for the event will be available from the RRB in the coming weeks on the RRB website.
ASLRRA is saddened to learn of the passing of Carmen Sarinana Crandall, who was one of the first women to serve as president of a short line railroad.
Crandall was a second-generation railroader who started working in the industry in 1965 when she joined Trona Railway in California. She moved to the Ventura County Railroad in 1981 and became its president in 1986. Crandall served in that role until her retirement in 1999. Crandall was also an ardent supporter of ASLRRA and champion of the short line industry. During her career she served on ASLRRA’s Board of Directors from the Pacific Region.
Crandall is survived by her husband, John, three children, eight grandchildren and many great-grandchildren. ASLRRA extends its deepest sympathy to her family, friends and former colleagues.
The newest Safety Tip from the Short Line Safety Institute (SLSI) talks about the danger of heat hazards, highlighting the three types of heat-related illness.
The Safety Tip describes heat cramps, heat exhaustion and heat stroke, listing symptoms for each and their required first-aid treatment. Also included are tips for preventing heat-related illness and a reminder to include information about the nearest hospital in daily job safety briefings.
SLSI produces Safety Tips and Hazmat Safety Tips for railroads to use in safety briefings, training and in the workplace. These tips sometimes have accompanying videos, which are available on SLSI’s website and its YouTube page. All of SLSI’s resources, which include a variety of educational materials, are available at no cost.
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.
