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Views & News - December 11, 2024

Views & News


Issue Highlights:

  • Regulatory – ASLRRA, AAR file amicus brief supporting railroad petitioners in TSA suit
  • Legislative – ASLRRA column in Railway Age focuses on importance of updating 45G
  • Announcements – Annual membership meeting recording available online
  • Out and About – Crystal Gitchell appointed to FHWA working group
  • Industry News and Events – TCWR team’s most recent community service project fosters connections with elderly residents

 


Headlines

Short Line Notable News

Young Guns in Preservation: Tyler Chipman (Tennessee Valley Railroad Museum)

New railroad started in central Alberta (Genesee & Wyoming Inc.)

The Broe Group Acquires Former Kellogg’s Manufacturing Facility, Plans Largest Shovel-Ready Rail Real Estate Site in Fulton County (OmniTRAX)

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.

ASLRRA Awards Program Recognizes Various Industry Achievements at the Individual and Company Levels

In what is partly a celebration of the short line industry, ASLRRA’s Annual Conference offers railroaders an opportunity to recognize each other’s achievements in a variety of areas. From honoring individuals to entire organizations, spanning lifetimes of service or single projects, ASLRRA’s awards program shines a spotlight on the great works of its members and their employees.

Every year, ASLRRA inducts a new class of Short Line Railroad Industry Hall of Fame honorees and recognizes the winner of the Schlosser Distinguished Service Award, the Safety Person of the Year and the Safety Professional of the Year. Along with these individual accolades, the Association bestows on its members awards for achievements made as an organization in the areas of veterans engagement, business development and environmental stewardship.

ASLRRA is now accepting nominations for its three company awards. While only winners will be recognized at the 2025 Annual Conference in Denver, Colorado, the Association works to highlight the efforts of all award nominees in other ways, as their efforts in these three areas are always worth celebrating. Learn more about each company award below and follow the links to submit an award nomination form. All nominations are due Jan. 10.

The Veterans Engagement Award

This award honors industry employers who demonstrate positive policies toward U.S. veterans and who implement unique programs and practices to hire, recognize, support, and engage with veterans in the workplace and the broader community. Last year’s winner, Watco, was recognized for its many efforts in this area, including the hiring of a dedicated military and veteran recruiter.

Click here to view Veterans Engagement Award criteria, or click here to complete a nomination form.

The Business Development Awards

This award recognizes Class II and III ASLRRA-member railroads that have designed and enacted the most innovative and successful business-building initiatives in the small railroad industry. ASLRRA selects multiple winners each year. In 2024, the Indiana Rail Road Company was recognized for completion of an intermodal hub offering customers an all-rail option for moving freight, the Indiana & Ohio Railway was honored for its work connecting North Star BlueScope Recycling with sister company North Star BlueScope Steel by rail and Mission Mountain Railroad came back from the brink of closure by identifying and capitalizing on an opportunity to ship lumber from Canada directly to U.S. markets.

Click here to view the Business Development Award criteria, or click here to complete a nomination form.

The Environmental Award

This award goes to a Class II or III ASLRRA-member railroad that has designed and enacted an innovative and successful environmental initiative, such as reducing its own carbon footprint or helping a customer do the same. The 2024 Environmental Award winner was Sierra Northern Railway, recognized for its work to move agricultural products in California by rail instead of truck and efforts to build and operate a zero-emission hydrogen fuel-cell switching locomotive.

Click here to view the Environmental Award criteria, or click here to complete a nomination form.

 


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Regulatory

ASLRRA, AAR File Amicus Brief in Support of Railroads in Suit Against TSA

On Dec. 4, ASLRRA and the Association of American Railroads (AAR) filed an amicus brief in support of petitioners CN and the Illinois Central Railroad Company in their suit against the Transportation Security Administration (TSA) concerning the TSA’s use of emergency authority to issue security directives and bypass notice-and-comment rulemaking.

The amicus brief says that while the TSA can use statutory emergency authority when necessary to immediately protect transportation security, the agency has used this same authority to regulate cybersecurity practices of the rail industry for several years. The associations argue TSA has failed to show the existence of emergency circumstances that would support the continuous renewal or modification of the security directive it first published in October 2022.

The associations also say the use of emergency authority prevents stakeholders like ASLRRA and AAR from exercising their right to engage in the rulemaking process through submission of comments. Both associations routinely take part in the notice-and-comment rulemaking process, and have done so on several occasions with other proposed regulations concerning cybersecurity. The amicus brief makes other arguments, such as any emergency rulemaking authority should be invoked narrowly to respond to a specific event for a finite period of time.

The same day ASLRRA and AAR submitted their amicus brief, the office of the South Carolina attorney general filed an amicus brief on behalf of South Carolina and eight other states in favor of the petitioners. The other states are Georgia, Idaho, Kansas, Louisiana, Montana, North Dakota, South Dakota and Utah.

The states’ amicus brief specifically addresses the TSA’s security directive from July 2024, calling it a legislative rule that should go through the notice-and-comment process. The states go on to say that the TSA’s use of emergency authority is an unlawful way to avoid the formal rulemaking process, and the use of emergency powers should be used sparingly and with care.

 

Updates to Crew Size Operating Rules, Hazardous Materials Instructions Available on ASLRRA Website

In order to best help members comply with federal regulations, ASLRRA offers resources, templates and more for a number of different rules. Recently, the Association updated compliance materials for the crew size operating rule and the U.S. hazardous materials instructions for rail (HMI).

Upon review with Federal Railroad Administration (FRA), ASLRRA has made an update to the crew size operating rules concerning alerters. This update does not require re-notification to the FRA, but railroads should update the rule and provide notification to their affected employees.

In addition, the newest version of the HMI, published Dec. 5, has been placed on ASLRRA’s website. Also updated are the position-in-train chart, SP-20996 and the hazardous material response code (HMRC). These can be found in ASLRRA’s Compliance Templates under Part 172 Security Program.

Contact ASLRRA’s JR Gelnar with any questions regarding these updates. This information and ASLRRA’s full list of template programs are available in the Compliance Templates section of the Safety & Compliance page.

 

PHMSA Publishes Notice Proposing NEPA Implementing Procedures and Categorial Exclusions

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice proposing new categorical exclusions and agency implementing procedures under the National Environmental Policy Act (NEPA).

PHMSA has never established agency-specific NEPA procedures, which would serve as guidance for the consideration of the environmental consequences of PHMSA’s actions. Included with agency NEPA procedures are categorial exclusions, or categories of actions determined not to have a significant effect on the human environment individually or combined. The published notice describes PHMSA’s proposed categorical exclusions and NEPA procedures and invites public comment, which is due Jan. 9.

ASLRRA staff is currently reviewing PHMSA’s notice for its effect on short lines.

 

ASLRRA Signs Letter Urging Port Labor Negotiations to Resume

ASLRRA joined 276 federal, state and local trade associations in signing a letter to the president of the International Longshoremen’s Association and chairman and CEO of the United States Maritime Alliance urging them to work to reach a new labor contract before the current contract expires on Jan. 15.

The letter acknowledges that both parties continue to be at odds over significant issues, namely automation and the use of technology, but points out that uncertainty over the pending deadline and on-again, off-again contract talks contributes to supply chain concerns for a variety of stakeholders.

The letter asks the International Longshoremen’s Association and the United States Maritime Alliance to resume contract negotiations and continue until an agreement is reached.

 

Direct Final Rule from EPA Addresses Startup, Shutdown and Malfunction Emission Provisions in State Plans

In response to a March ruling from the U.S. Court of Appeals, the Environmental Protection Agency (EPA) has published a proposed action and an accompanying direct final rule to partially withdraw two final actions finding that 13 states and/or local air pollution control agencies did not submit required State Implementation Plan (SIP) revisions in a timely manner.

The EPA issued a rule in 2015 requiring 35 states and the District of Columbia to remove startup, shutdown and malfunction (SSM) emission exemptions from the SIPs developed under the Clean Air Act (CAA). Several of these states sued the EPA over the revision requirement, and the court vacated the rule in its March decision.

Comments on the proposed action are due Dec. 26. If the EPA does not receive significant adverse comment by the deadline, the final rule will go into effect Jan. 10.

 


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Legislative

Chuck Baker Commentary Calls for New Chapter in 45G Story

In December’s ASLRRA Perspective in Railway Age magazine, President Chuck Baker reflects on the impact of the short line rehabilitation tax credit, known as 45G, and the importance of passing an updated version.

According to Baker, the new chapter in the 45G story requires an updated tax credit bill. The bill has been introduced in the House and Senate and ASLRRA is already working to build its support with lawmakers. Still, the bills will have to be re-introduced with the start of a new Congress in January, which also brings nearly 200 members who may have little to no experience with short lines and 45G.

But the challenge is not insurmountable, and opportunities exist now to help, as Baker puts it, “build a bridge before the water begins rising.” Baker calls on short line owners and executives to begin making connections with their elected officials and encouraging them to support 45G. He also advocates for participation in the 2025 Railroad Day on Capitol Hill event, which will take place May 7.

 

Congress Publishes Compromise Version of Must-Pass NDAA that Includes REEF Act

The House and Senate Armed Services Committees have released a compromise version of the FY 2025 National Defense Authorization Act (NDAA). It’s one of Congress’s “must-pass” bills before lawmakers leave town for the year.

Included in the NDAA is language adopted from bills introduced by Senator Deb Fischer (R-Neb.) and Representative Jan Schakowsky (D-Ill.), the Railroad Employee Equity and Fairness (REEF) Act that would permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration and boost unemployment and sick benefits to eligible railroad workers by 5.7 percent.

 


ASLRRA Annual Conference heading

Education Sessions Offer Something for Everyone at ASLRRA Annual Conference

Every year for its Annual Conference, ASLRRA staff works with members of its 13 committees to identify important short line industry topics and develop education sessions that address them. The 2025 Annual Conference will be no different, with the Association offering over 45 hours of education across 12 industry tracks.

Education sessions will explore various issues related to artificial intelligence (AI), the impact of federal policy on railroads, certification of signal employees and dispatchers, data analytics and visualization, procurement and sourcing, incident command and much more. Railroad employees from every facet of the industry will find a session that informs them about something in their realm of responsibility.

But education sessions are only one part of the Annual Conference. Attendees will also hear from industry-leading featured speakers during the general session; honor Hall of Fame inductees and other award winners; network with a wide variety of industry professionals at multiple events; browse hundreds of booths in the Expo Hall and participate in fun special events.

The conference will be held April 6 to 8 at the Colorado Convention Center in Denver, Colorado. Click here to register for the event. A conference agenda is available here.

 

Reminder: Annual Conference Room Blocks Added at Three New Hotels

ASLRRA has added three conference hotels for the 2025 Annual Convention. There are now six locations included in ASLRRA’s hotel block, all of which are within two blocks of each other and the convention center. Please note some nights at several hotels are already 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. Some hotels offer government rates, which can be booked by contacting Amy Westerman.

ASLRRA does not partner with outside groups to book registration or hotel rooms and does not authorize any individuals or companies to do so on ASLRRA’s behalf. ASLRRA will not contact you directly via phone or email to make hotel reservations.

Those who receive solicitations about hotel rooms or registration should not provide any sensitive information to those individuals and instead forward details about the encounter to ASLRRA’s Amy Westerman.

 


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.

Recording and Presentation from Yesterday’s Annual Membership Meeting Available to Members Online

A recording from yesterday’s 2024 ASLRRA Membership Meeting is now available for all members who were unable to attend the virtual event. Also available is the meeting presentation. These documents serve as the Association’s Annual Report for 2024.

Members can access the recording and presentation by logging in to the Annual Reports section of ASLRRA’s website, located under the About Us tab at the top of ASLRRA’s homepage. During the meeting, ASLRRA Chair Matt Walsh, ASLRRA board regional vice presidents, ASLRRA President Chuck Baker and staff provided updates regarding various ASLRRA activities. This includes review of efforts in the legislative and regulatory arenas, as well as a discussion of finances, communications, technology, education, business services and more.

 

ASLRRA “First Lady” Loftus Passes Away

ASLRRA extends its condolences to the family and friends of Marie "Mitzi" Sterle Loftus, who passed away on Dec. 7 at the age of 90.

Loftus was a great and enthusiastic supporter of ASLRRA and her husband, Bill Loftus, who served as president of the short line association for nearly a decade. He passed away in 2004.

She was active in the Association during Bill Loftus's presidential tenure, earning the nickname “First Lady.” In this unofficial role, she attended many ASLRRA events and meetings, often working at the registration desk and leading spouse activities. She was the consummate volunteer, and even helped stuff envelopes alongside Association staff back when the Views & News newsletter was mailed out to members.

Outside the Association, Loftus worked at Litton Industries and was secretary for the University of Maryland Band Department for many years. She enjoyed a variety of activities including golf, quilting and Slovenian polka dancing and was a frequent volunteer at her parish, Holy Family Catholic Church, as well as at the Anne Arundel County Public Library. Loftus is survived by six children and 20 grandchildren.

A celebration of life will be held on Dec. 13, and a Mass and interment will take place on Dec. 14. More details about these events are available in Loftus’s obituary. In lieu of flowers, Loftus’s family asks people to consider donating to the Covenant House or St. Jude’s Hospital for Children.

 

Registration Now Open for Two More ASLRRA Training Seminars

Individuals can now register for more ASLRRA training seminars, including the Association’s newest offering, Federal Railroad Administration (FRA) Minimum Training Standards (Part 243).

The FRA Minimum Training Standards seminar will take place June 24 to 25 in Nashville, Tennessee. FRA specialists Lance Hawks and Zach Allen will join ASLRRA’s JR Gelnar in helping railroads understand rule requirements and become familiar with tools, resources, templates and more. Speakers will also discuss how Part 243 interacts with the training requirements set forth in Part 214 Roadway Worker Safety and Part 217 Efficiency Testing. Click here for more information or to register for the seminar.

Registration is also newly opened for the DSLE and Railroad Operating Rules (Part 217) seminar, held July 15 to 16 in Sacramento, California. In addition to learning about Part 217, training will address designated supervisor of locomotive engineer (DSLE) responsibilities, including application and administration of Parts 240 and 242. Click here for more information or to register.

Two earlier ASLRRA training seminars accepting registrations include the Feb. 25 to 27 FRA Drug and Alcohol (Part 219) and DER Roundtable and the March 11 to 13 General Code of Operating Rules, both held in San Diego, California. Space in these popular seminars is expected to fill quickly, so interested individuals are advised to register early to secure their spot.

To help employees of small railroads attend industry training, ASLRRA offers the Doug Golden Scholarship and the Jake Jacobson Memorial Scholarship. Both scholarships are meant for employees of railroads earning $10 million or less in annual revenue. The Doug Golden Scholarship can be applied to costs incurred for registration, travel and lodging for certain industry-specific training, including ASLRRA’s events. The Jake Jacobson Memorial Scholarship covers registration fees for an ASLRRA-hosted training seminar. Follow the links above for more information and to access an application form.

 

ASLRRA Members Can Access Important PPE and Related Services Through Preferred Provider Würth

Würth is ASLRRA’s Preferred Provider of personal protective equipment (PPE) and related services and their customer-first approach to service and support has a long history. Since opening their doors, Würth has helped thousands of companies protect their employees and work with optimum efficiency for maximum output. Their team of railroad specialists currently supports nearly 200 short line railroads, rail industry contractors and Class I railroad companies.

ASLRRA members can depend on Würth for quality safety and industrial products and exceptional customer service, plus discounted pricing on a huge assortment of products and equipment needed to implement an effective and efficient safety program. Offerings include foot and leg protection, signs, ergonomic products, hearing and eye protection, clothing protection, lighting and electrical products, storage containment and environmental spill cleanup, traffic control and much more.

Visit the Association’s Member Discount Program page to view Würth’s complete product offering and suite of services and start saving today.

 


Out and About

Crystal Gitchell Appointed to Serve on U.S. DOT Working Group

Crystal Gitchell has been appointed to serve a two-year term on the U.S. Department of Transportation’s (USDOT) Federal Highway Administration (FHWA) Working Group on Covered Resources.

Members of the working group will conduct a study on access to and use of common materials such as sand, stone and gravel utilized in transportation infrastructure construction and maintenance. The group will then make recommendations concerning how to preserve access to these materials and reduce the costs and environmental impacts associated with these resources as used in infrastructure projects.

 

Staff Shorts: Who’s Where in the Railroad World

Jo Strang is in Delaware this week to attend a meeting of the University of Delaware’s Railroad Advisory Board. The University of Delaware is hosting its “Big Data” in Railroad Maintenance Planning 2024 conference today and tomorrow, which Fred Oelsner will be attending.

JR Gelnar traveled to Scottsdale, Arizona for a meeting of the Federal Railroad Administration’s Fatality Analysis of Maintenance-of-way Employees and Signalmen (FAMES) Committee. The committee reviewed a recent fatality, updated data on past recommendations and discussed the progress of development on a new database.

Last week, Sarah Yurasko attended a meeting of the National Association of Railroad Trial Counsel Executive Committee in Chicago. 

 


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Webinars

On-Demand Webinars

Learn About Requirements Under the FRA’s Drug and Alcohol Rules Through ASLRRA’s Recorded Webinars

ASLRRA is an important source of information on regulatory requirements for short line railroads. One popular topic addressed in the Association’s webinars is Part 219, the Federal Railroad Administration’s (FRA) regulation of drug and alcohol use. Recordings of these Part 219 webinars are available at any time to members through ASLRRA’s On-Demand Webinar library. Look for the following titles online:

FMCSA Drug and Alcohol Clearinghouse Requirements for CDL Drivers

Part 219 Education Materials and Correction Affidavits

The DOT's New Oral Fluid Testing Final Rule – What Do Employers Need to Know?

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

TCWR’s Accounting Team Plays Bingo, Makes Blankets With Retirement Home Residents

As active members of their local communities, many short line railroads engage in service projects benefitting a variety of organizations and groups. ASLRRA member Twin Cities & Western Railroad (TCWR) recently held such an event at Grand Meadows, a nearby retirement and assisted living facility.

The six members of TCWR’s accounting team spent the afternoon of Sept. 18 with Grand Meadows residents, tying no-sew lap blankets with materials provided by TCWR. After completing the activity, the TCWR team helped with a game of bingo, featuring prizes donated by the railroad.

“Volunteering at an assisted living facility is a reminder that the smallest acts of kindness can make the biggest difference. It’s not just about giving time, but about sharing moments and creating connections within our community,” said TCWR Director of Accounting Katie Masog.

TCWR’s accounting team tries to do at least one volunteer team-building activity a year. Previous events have included building homes with Habitat for Humanity, packing food for Feeding Hungry Children and participating in Christmas toy drives.

TCWR volunteer event 1

TCWR Volunteer Event 2

TCWR Volunteer Event 3

Members of the accounting team at Twin Cities & Western Railroad recently spent an afternoon with residents of the Grand Meadows retirement home and assisted living facility. Together they made blankets and played bingo. (Photos courtesy of the Grand Meadows Facebook page)

 

Industry Publications Seeking Nominations for Various Awards

Railway Age magazine has opened the nomination period for its Short Line of the Year and Regional Railroad of the Year competition, asking railroads to submit their entries by Feb. 5.

Small railroads in the U.S., Canada and Mexico are eligible for these awards, which recognize outstanding achievement in one or a combination of areas such as innovation in operations or consistent excellence. Winners will be honored at ASLRRA’s 2025 Annual Conference and featured in Railway Age’s March issue.

Railway Age is also currently seeking nominations for its Fast Trackers 25 Under 40 awards, which recognize individuals who have had an impact in their respective fields or within their company. These nominations are due Jan. 8.

And Progressive Railroading magazine is calling for nominations for its inaugural Women of Influence in Rail awards. These awards will honor female employees in the rail industry who have made meaningful contributions in one of five categories, leadership, innovation, mentorship, technology and sustainability. Companies can nominate up to five individuals, one per category.

 

 

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.