Washington Update

On July 11, Rep. Troy Nehls (R-TX) and Rep. Seth Moulton (D-MA) introduced H.R. 8996, which would expand on rail safety legislation that has stalled out both in the House and in the Senate. The stalled out bill in the Senate, known as the Rail Safety Act and written by Senators JD Vance (R-OH) and Sherrod Brown (D-OH) initially called for a minimum two-person crew (which was eventually removed from the legislation and then issued as a new regulation by FRA), enhanced safety procedures for trains carrying hazardous materials, and mandates on wayside detector technology, among other items. The new bill proposed by Rep. Nehls and Rep. Moulton builds on that framework by providing $100 million for a grant program to install telematic systems that allow railcar owners to track the progress and the condition of products being transported on the railroads. The bill would also boost funding to $1.5 billion a year for the public to circumvent dangerous crossings that also lead to long wait times as trains pass through. And Class I railroads would be required to enroll in a confidential close call reporting system, which is currently voluntary, for two years. The bill also looks to improve connectivity of the AskRail application. That application experienced connection issues following the East Palestine derailment. It remains to be seen what kind of traction this bill gets in the House. There are already a few bipartisan co-sponsors, however Transportation & Infrastructure Committee Chairman Sam Graves (R-MO) has said he doesn't see the need to legislate on this matter.

On July 10, Transportation & Infrastructure Committee Chair Sam Graves (R-MO) and Oversight and Accountability Committee Chairman James Comer (R-KY) sent letters to three Biden Administration department heads requesting information about any agency rules, actions, or decisions impacted by the Supreme Court’s recent ruling in Loper Bright v. Raimondo, which overturned the 1984 Chevron v. Natural Resources Defense Council (Chevron) decision. Chevron opened the door to courts’ deference to agency interpretation of laws passed by Congress, which allowed the Executive Branch to usurp the legislative authority granted exclusively to Congress through Article I of the Constitution. Graves and Comer requested the Biden Administration officials to send any information about legislative rules proposed or promulgated, agency adjudications initiated or completed, enforcement actions brought by agencies, and agency interpretive rules proposed or issued since January 20, 2021. They also requested information about any judicial decisions in cases to which agencies have been a party since the 1984 Chevron decision. They requested the information be provided no later than July 23, 2024. To read the letter to Buttigieg, please click here. In the letter to the DOT, the request asks for a list of certain rulemakings, judicial challenges, and more. It still remains to be seen the effect of the rule being overturned, however it does seem that Congress will have much more oversight over this process moving forward.

Also on July 10, the House Appropriations Committee considered and approved the Fiscal Year (FY) 2025 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act. Of the $25.1 billion allocated to the USDOT, the committee recommended $2.8 billion for the Federal Railroad Administration (FRA). The Senate Appropriations Committee will soon begin the appropriations process, potentially as soon as next week.

On July 9, the House Transportation & Infrastructure Committee’s Subcommittee on Railroads, Pipelines, and Hazardous Materials held a hearing on the California Air Resources Board’s recent in-use zero locomotive emission regulation. Subcommittee Chair Troy Nehls (R-TX) opened the hearing by discussing the efficiency and safety of the freight rail network, as well as the environmental benefits of shipping freight via rail. He noted that CARB’s regulation will have national impact and that CARB’s analysis shows that both BNSF and UP will be forced to replace their entire fleet to comply with the regulation. He also raised concerns over the regulation’s impact on short lines, which the regulation itself acknowledges could force several short out of business. Nehls continued by mentioning that the Staggers Rail Act of 1980 was enacted to restore the economic health of the industry at a time when the railroads were on the verge of bankruptcy due to overregulation by the government. Furthermore, Nehls added, Interstate Commerce Committee Termination Act created the Surface Transportation Board and explicitly “preempts all state laws that may reasonably be said to have the effect of managing or governing rail transportation.”

In late June, the Biden-Harris Administration announced the recipients of $1.8b in funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program. 148 projects were selected as recipients of the funding, and all 50 states were included in this recent round of funding. Secretary Pete Buttigieg shared in a statement that "after decades of underinvestment, the condition of America's infrastructure is now finally getting better instead of worse--and today we proudly announce our support for 148 more projects in communities of every size across the country.” Click here to read more about the RAISE program and the infrastructure projects included. 

Leigh Christiansen, Owner/Operations, Racine Railroad Products

How did you get started in the rail industry?

When I married the 3rd generation owner of Racine Railroad Products I unknowingly married the rail industry. From the beginning, I felt a deep connection to manufacturing and specifically the manufacture of maintenance of way equipment. I have been all-in since day one.

What do you love most about your job/the industry?

I love that I have the ability to witness the entire process of producing a piece of equipment for the Class 1 railroads and Metros. The railroad comes to us with a need and we collaborate with them to design and manufacture a machine that can increase safety and efficiency maintaining track. Finally, I can go out to the gangs and watch the machines work. Our team tackles problems together and produces results in a way that we all gain pride in a job well done.

What do you find yourself doing most in your downtime? Hobbies outside of work?

I don’t really have down time. I’m a mom, a grandmother and a business owner. I’m usually multitasking parenting and work. I do try to strength train and get good sleep when I can.

How do you define the “future” of rail? Where do you think the industry is headed?

The future of railroading lies in three distinct paths. We believe the future of maintenance of way revolves around automation, designs that can have any new or untrained machine operator productive by noon. This means maximizing technology centering around hydraulic systems and operator interface with control systems. Passenger rail has a future that is going to have to rely on getting young people to utilize public transportation and lose the desire to use conventional means of transportation because of the conveniences afforded by passenger rail services. In Europe, we see robust systems in place with economical and on time train service on well-maintained track. We as a nation should strive to see similar results from our rail networks. The future of freight rail services will have to include more and better ports to receive goods from overseas, networks of rail that can quickly and economically move those goods, and a better more fluid way of transporting said goods from rail hubs with truck services to end users. Rail is still the most economical and ecologically sound way of transporting goods!

What do you enjoy most about being part of REMSA?

REMSA events give my team the opportunity to network with colleagues and showcase new technology to customers in a comfortable atmosphere that promotes collaboration. The REMSA ladies are always available to mitigate any issues we have maximizing our ability to get our work done. The food is good too.

---

Interested in being featured in an upcoming Mainline and on REMSA's social media? REMSA is looking for members to feature as the member of the month! Whether you are a seasoned railroader or new to the industry, REMSA will share your story and recognize your company across our digital channels. Email Trade Shows & Marketing Manager Heidi Baker at baker@remsa.org to apply today.

REMSA's Grassroots Program connects our association's membership with members of Congress to host tours and site visits of company facilities and ongoing projects. It's a terrific way to showcase the positive impact that your company has in the local community, while also building strong personal relationships with your elected representatives. This program highlights REMSA members' products and services throughout the industry and to members of Congress, which helps to advance REMSA's legislative agenda in Washington.

If you are interested in hosting a grassroots event at your facility please reach out to Mike McGonagle at mcgonagle@remsa.org. Download and share the the new REMSA Grassroots Events flyer to learn more.