UTU News Digest - Monday, April 3, 2000

UTU Daily News Digest

Information of interest to operating railroad and transportation employees

Monday, April 3, 2000

CSX Responds to Federal Railroad Administration draft report

RICHMOND, Va. -- John W. Snow, chairman and chief executive officer of CSX Corporation, which owns and operates the largest freight railroad in the eastern half of the United States, responded to a front-page story in Friday’s Washington Post concerning Federal Railroad Administration findings of track defects on the railroad’s 23,400 route-mile network.

"There can be no compromise on any safety condition on our railroad," Snow said. "We recognize some problems and openly welcome the FRA’s draft report in the spirit it is offered -- a genuine and sincere interest in assuring even greater safety on our railroad.

"I have studied the draft report and discussed its findings personally with FRA Administrator Molitoris," Snow added. "CSX will continue to work closely with FRA officials and our labor unions to ensure safe rail operations. Our people, the Amtrak riders and commuters who are carried on our network, our customers and the communities we serve must have complete trust in our commitment to the highest safety standards."

CSX has repaired or is in the process of repairing all of the defects identified in the report. "Where work is in progress, operations have been modified to ensure safe movement of trains," Snow noted.

Snow will be personally heading an internal company review of all track maintenance and improvement programs to make sure these efforts are fully effective.

In the past four years CSX has invested more than $4 billion in railroad capital improvements. Of this total, $791 million has been spent on rail replacement and repair, cross ties and surfacing of the roadbed.

CSX Corporation, headquartered in Richmond, Va., operates the largest rail network in the eastern United States, and also provides intermodal, container- shipping and contract logistics services.

Crew saw fatal train-bus crash

CHATTANOOGA, Tenn. -- Two crew members on a freight train say they watched in helpless horror as a school bus sped toward a crossing in the seconds before it was struck by the train’s locomotive, investigators said Saturday.

The accident Tuesday morning just north of the Georgia state line killed three children. Five others including the bus driver were injured, and two children remained in critical condition Saturday.

The engineer and conductor on the CSX train said they watched helplessly as the bus sped toward the railroad crossing, said Ken Suydam, investigator in charge for the National Transportation Safety Board.

"Both saw the bus approaching at a rapid rate of speed and expressed concern to each other as to whether the bus would stop," he said at a news conference.

However, investigators do not yet know how fast the bus was traveling or if driver Rhonda Cloer tried to stop, Suydam said. The manufacturer examined the bus’ anti-lock braking system and reported it was working properly, Suydam said.

Cloer, released from a hospital Wednesday, still refuses to be interviewed by authorities, Suydam said. Her 5-year-old daughter was on the bus and was one of the two children in critical condition.

The train was traveling about 50 mph and first blew its whistle about 1,000 feet from the crossing and again continuously at 620 feet away, said NTSB investigator David Rayburn. The emergency brake was applied at 160 feet away.

The impact ripped the body of the bus from its chassis and dragged it 100 yards. Three children and the driver were ejected, and four other children remained inside the bus.

School buses are required by law to stop between 15 and 50 feet from railroad crossings.

Investigators have studied a videotape from a camera mounted inside the bus and have talked to a child who was wearing a lap belt and was the least injured. According to the recording, several people were talking in the bus and the radio was playing, Suydam said, but he would not elaborate.

Authorities won’t decide whether to file charges until they finish the investigation, which could take two more weeks, said Highway Patrol Lt. Mike Walker.

The engineer and conductor voluntarily submitted to toxicology tests and have been cooperating with authorities, Suydam said. Results are pending.

STB seeks Comments on new rail merger policy

WASHINGTON -- The Surface Transportation Board started the process Friday of creating new regulations that will govern rail mergers.

Specifically, the board issued an Advanced Notice of Proposed Rulemaking that seeks comments on rail merger policy from interested parties. The entire process of writing new rules is expected to take more than a year.

Earlier this month, the board called for a 15-month moratorium on future rail mergers in order to give the board time to write new rules. The unprecedented action effectively delayed a planned $6 billion merger between Burlington Northern Santa Fe Corp. and Canadian National Railway Co.

Both companies have said they plan to fight the board’s moratorium in federal court.

In calling for the moratorium, board chairman Linda Morgan noted that the industry is still struggling to recover from the shipping delays and other problems caused by the 1999 takeover of Conrail by Norfolk Southern Corp. and CSX Corp., as well as Union Pacific’s 1996 acquisition of Southern Pacific.

In the Advanced Notice of Proposed Rulemaking, the board said its current rail merger rules were adopted in 1980 at a time when "an overly restrictive regulatory system that unduly limited the ability of railroads to effectively rationalize what was at the time a significant degree of rail infrastructure."

The rules were designed to encourage railroads to merge in order to eliminate the excess rail capacity as long as sufficient competition remained in the industry.

"The goals of that merger policy have largely been achieved," the board said. "It does not appear that there are significant public interest benefits to be realized from further downsizing or rationalizing of rail route systems, as there is little of that activity left to do."

Before 1980 there were about 60 major railroads and today there are seven.

The board held a week-long hearing on rail-merger policy earlier this month. Many people who use rails to ship their goods complained of poor service and high rates. Others expressed concern that if the Burlington Northern and Canadian National merger were allowed to proceed that it would lead to another round of mergers, leaving the U.S. with only two or three major railroads.

The board said "it appears further rail mergers now offer limited opportunity for additional efficiencies," and said "there is a view that ... benefits could be better achieved, short of merger, through innovative joint marketing agreements and other cooperative efforts, such as joint dispatching to more efficiently move trains through congested terminal areas."

The board is seeking comments on whether new merger regulations should place a greater emphasis on enhancing, rather than simply preserving, competition and how the rules might be revised to protect customers from merger-related service disruptions.

The board also reiterated its plan to eliminate the "one case at a time" rule, and said it would rewrite the policy to consider the effects that a particular merger would have on the entire industry, such as whether it may spark additional mergers.

The board said notices of intent to participate are due on April 20, and comments are due on May 16.

Unions pressure Clinton Administration on UPS service to China

WASHINGTON --Two major U.S. labor unions are leaning on the Clinton administration to help United Parcel Service gain access to the lucrative Chinese market for package delivery, despite their opposition to normalized trade relations with China.

The International Brotherhood of Teamsters and the International Association of Machinists are fighting the White House’s bid to win congressional approval of a landmark trade deal that would help pry open China’s economy.

Secretary of Commerce William M. Daley, the point man on trade with China in an otherwise labor-friendly administration, highlighted the apparent contradiction in a recent speech. Teamsters President James P. Hoffa Jr. has argued that getting into the Chinese market will create union jobs, Mr. Daley pointed out.

"Yet, my good friends in the union are not fans of this (China trade) deal," he said.

"We are not anti-trade," countered Chip Roth, a Teamsters spokesman. "We are looking for trade that benefits both sides."

The quandary stems from a bid by UPS to win the right to fly to Beijing and Shanghai, cities it now must serve through partners on the ground. Last year, the Department of Transportation asked, and Beijing agreed, to allow one more U.S. carrier into China. The agency must choose the winner by next year.

UPS and three other carriers are battling to determine which company will get the green light to start service to China.

UPS, which employs roughly 200,000 Teamsters, persuaded the union to join its massive campaign to win the slot. Mr. Hoffa wrote Secretary of Transportation Rodney Slater in support of UPS, as did more than 300 members of Congress.

House Minority Whip David E. Bonior, the Michigan Democrat who is leading the fight against permanent normal trade relations (NTR) with China, is backing the UPS bid. Minority Leader Richard A. Gephardt, the Missouri Democrat who is undecided on permanent NTR, is also on board.

Congressional approval of permanent NTR would pave the way for China to enter the World Trade Organization under the terms of the market-access agreement that the United States clinched with China in November. How completely China will comply with the agreement is questionable, but few dispute that the pact commits the Asian giant to open its market.

Mr. Hoffa wrote in his letter to Mr. Slater that a new job is created for every 40 packages delivered by UPS each day.

"That is most likely a Teamster job," he wrote. The slot in China likely would generate 1,200 new jobs in the first year, according to UPS spokesman Tad Segal.

But the Teamsters do not believe that the market-opening opportunities in the WTO agreement are comparable to what the air delivery slot could do for UPS and its union workers, Mr. Roth said. The WTO pact would prompt a shift of manufacturing from the United States to China, he said.

The open slot offers UPS and the Teamsters a chance to increase trade on their terms. It will employ union workers in the United States without exporting jobs to China, Mr. Roth said.

"The reality is that we have trade, and many Teamsters jobs rely on trade," Mr. Roth said.

In contrast, in the same speech in which he criticized Mr. Hoffa, Mr. Daley touted the "unprecedented access" the United States stands to gain in the Chinese market.

Fred Clark, a spokesman for Mr. Bonior, denied any contradiction in backing UPS but opposing permanent NTR. Mr. Bonior is leading the opposition forces because he believes Congress needs some leverage over China through the current annual renewal of NTR status.

In a separate development, Chinese talks with the European Union on WTO membership ended without agreement and show little sign of restarting soon, an EU spokesman said. The failure of the talks is likely to increase pressure to delay a vote on having China in the WTO until all negotiations have ended.

FRA announces hearings concerning train horns at grade crossings

WASHINGTON -- Federal Railroad Administrator Jolene M. Molitoris announced on Friday that there will be public hearings in Illinois and Ohio on a proposed rulemaking and draft environmental impact statement (DEIS) concerning the use of locomotive train horns at highway-rail grade crossings.

The hearings will give the public an opportunity to provide oral presentations on the Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) and DEIS.

Listed below are the four scheduled public hearings in Illinois and Ohio:

Tuesday, April 25, 2000
Lyons Township High School -- 12 noon
South Campus, The Little Theater
4900 Willow Springs Road
Western Springs, Ill.

Wednesday, April 26, 2000
The Field Museum of Natural History -- 9 a.m.
James Simpson Theater
1400 South Lake Shore Drive
Chicago, Ill.

Thursday, April 27, 2000
Federal Aviation Administration -- 9 a.m.
The Minnesota Room
2300 East Devon Avenue
Des Plaines, Ill.

Monday, May 1, 2000
Baldwin-Wallace College -- 6 p.m.
Kleist Center for Art and Drama
95 East Bagley Road
Berea, Ohio.

The agency is also holding public hearings in California, the District of Columbia, Florida, Massachusetts, Wisconsin, Indiana, and Oregon.

FRA officials stressed that persons wishing to provide oral testimony at the public hearings should notify FRA’s docket clerk at the following mailing address or e-mail address at least three working days before the hearing: Docket Clerk, Office of Chief Counsel, Federal Railroad Administration MS-10, 1120 Vermont Avenue, N.W., Washington, D.C. 20590.

The e-mail address for the FRA docket clerk is renee.bridgers@fra.dot.gov.

The rule, proposed in January by the U.S. Department of Transportation’s FRA, was written in response to a law enacted by Congress in 1994 requiring train horns be sounded when a train approaches and enters a public highway-rail grade crossing unless. Congress gave FRA the authority to exempt categories of rail operations or categories of highway-rail grade crossing if there is not a significant risk of death or personal injury, the use of the horn is impractical, or supplementary measures fully compensate for the absence of the warning provided by the horn.

The proposed rule describes the safety measures that a community may employ to fully compensate for the absence of the warning provided by the horn and establish a quiet zone. These measures include the use off our quadrant gates, channelization devices or crossing closures at highway-rail crossings or photo enforcement to deter violators. The rule also proposes an upper volume limit for train horns.

MBTA ends attempt to sever Amtrak ties

BOSTON -- The Massachusetts Bay Transportation Authority is ending its attempt to cut its ties with Amtrak, which operates the MBTA’s Boston-area commuter operations and maintains its rolling stock, the Boston Globe reported.

Turning over maintenance of the railroad fleet to a different contractor was supposed to be the first phase of the plan to replace Amtrak with a cheaper alternative. But the Globe says that won’t happen and that the MBTA and Amtrak are negotiating a three-year extension of commuter rail contracts.

Amtrak workers have run the MBTA’s commuter rail system for 12 years. After years of dissatisfaction with the quality of service and price, MBTA last year put the train maintenance work out to bid.

A company called Bay State won the work with a proposal that would have saved the authority $116 million over the five-year life of the contract, compared with what Amtrak proposed. But Amtrak unions fought hard to keep the work, enlisting the aid of politicians on Beacon Hill and in Washington, saying that the MBTA was simply engaging in union-busting.

The U.S. Department of Labor has threatened to cut off about $200 million in funds to the MBTA if it does not stick with Amtrak.

Labor officials say the Bay State contract violates a federal labor law that protects Amtrak workers.

Emergency crews climb aboard training on trains

SOUTH SALT LAKE -- Did you know you can shut down a powerful locomotive charged with more than 50,000 volts of electricity by pushing a single button?

Officials at Union Pacific and other railroad companies that crisscross through Salt Lake City want to make sure that Utah’s emergency response folks -- especially firefighters and sheriff’s deputies -- know about the locomotive’s magic button and also how to determine what types of hazardous materials might be on board a train. It’s the kind of knowledge that could mean the difference between a small problem and a major public emergency.

"You don’t want a firefighter rushing up and hitting (the locomotive) with water. It would knock him right over," said Norris Wiseman, director of Terminal Operations at the Roper Railroad Yard in South Salt Lake, where trains from Los Angeles to Chicago transfer as many as 40 loads of cargo daily. "We move a number of hazardous materials … gas, petroleum products, lots of fertilizers … and depending on what the material it is, the slightest of anything could set it off. There are a mountain of precautions that have to be taken. You have to know how to respond."

For example, last week’s derailment of 19 empty Union Pacific cargo cars near Centerville, could have been a nasty public emergency.

"If you think about it, there were wetlands one side, high-power lines on the other and we were paralleling the freeway. Fortunately, the cars were empty," Wiseman said. "We are concerned not only about the safety of employees but about the public’s safety."

So, to make sure that emergency personnel know how to assess the potential risks during railroad emergency, TRANScare, a team of safety experts from Union Pacific, Burlington Northern-Sante Fe and the Utah Railway, has developed a training program for police and firefighters.

More than 150 local firefighters, police officers and sheriff’s deputies from Ogden to Springville are in the classroom this week. They’ll also get in some hands-on training on a locomotive and inside a specially designed tank car that is outfitted with more than 40 different types of valves and gauges, Wiseman said.

Railroad employees and representatives from both the federal railroad and highway offices are also attending the classes, he said.

"We’re making an effort to be proactive. To get everybody on the same page so that if we have something go wrong, (police and fire departments) aren’t totally blind to what they are dealing with," Wiseman said.

As the 2002 Olympic Winter Games approach, this type of training has stepped up in Utah, Wiseman said. Last year a session in Provo trained some 125 officers and firefighters from central and southern Utah. In June of 2001, the railroad hopes to stage a full-scale mock disaster in the desert west of Salt Lake City, said Steve Zamantiakis, the director of safety, rules and training for the Utah Railway Co.

Rail companies haven’t identified a specific concern about their ability to function during the Games, Wiseman said. But because they rely on area law enforcement and emergency personnel during emergencies, officials felt it was a good time to increase training and communication.

"The more (police and fire departments) know, the more we will know and the better able we’ll all be to make decisions," said Zamantiakis, who adds that there was a time when rail officials didn’t even talk with local police and fire departments.

Farmington Fire Chief Larry Gregory said the class has increased his awareness of train operations and hazards.

"As first responders, your biggest fear is always having to find out just what it is you’re dealing with," he said.

Amtrak’s President Warrington receives Salzberg Medallion

WASHINGTON -- Syracuse University’s School of Management, on Saturday, awarded its Salzberg Medallion to George Warrington, Amtrak’s president and chief executive officer at a ceremony at the University.

Given annually, the Salzberg Medallion is bestowed upon outstanding practitioners, advocates, academics or researchers in the field of transportation, distribution or logistics management, and to companies for pioneering ideas and policies that have reshaped the industry.

Warrington, a graduate of Syracuse University, said, "I am thrilled, delighted, humbled and deeply honored to receive the Salzberg Medallion. And that the award is being presented to me by my alma mater makes it all the more meaningful to me."

Amtrak’s Board of Directors named Warrington President and CEO in December 1998. Under his leadership, Amtrak has developed a commercially focused business plan that has guided the corporation to record revenues of $1.8 billion and three consecutive years of ridership growth for the first time in its 29-year history.

In addition, Warrington has initiated the railroad’s largest planned service expansion, the continuing development of high-speed rail corridors nationwide, record public and private investments in Amtrak and a program to deliver consistent world-class service.

Before becoming President and CEO, Warrington was tapped to create Amtrak’s Northeast Corridor strategic business unit in 1994. Leading this effort, the bottom line of the railroad’s northeast operation improved by $200 million, powered by rising on-time performance, increased ridership, a focus on customer service and capital investment partnerships with states. Most significantly, he oversaw the development of Amtrak’s new Acela Express between Boston and Washington that will usher in America’s first high-speed rail service.

Amtrak Celebrates America as AARP Celebrates 2000

WASHINGTON -- Amtrak celebrates America this spring as a primary sponsor of AARP Celebrates 2000. The association’s biennial event, scheduled for May 16-18, 2000, in Orlando, Florida, will bring together participants from all generations for three days of exhibits, presentations, and entertainment.

As part of its sponsorship, Amtrak will offer event attendees discounted travel to Orlando. This includes 20 percent off the regular coach fare, and 5 percent off sleeper accommodations. In addition, Amtrak is offering specially priced Amtrak Vacation packages to Orlando, featuring a theme park or golf package, including hotel accommodations and roundtrip coach train travel that may be priced as low as $129.

"Last year over 1.7 million travelers took advantage of Amtrak’s every day 15 percent senior discount," said Barbara Richardson, executive vice president of Amtrak. "Through our sponsorship of AARP Celebrates 2000, we are reaching out to a growing segment of the population who are among our most loyal customers."

As a primary sponsor of AARP Celebrates 2000, Amtrak will host a booth in the event’s exhibit hall with information for rail travelers of all ages. The Amtrak Celebrates America exhibit will give attendees a taste of the special train travel experience. The booth will feature the people and places of America from the passenger’s point-of-view, including providing visitors with a glimpse of the breathtaking scenery seen through the windows of Amtrak.

The Amtrak Celebrates America exhibit will include information on Amtrak Vacation packages, the North America Rail Pass, Amtrak’s 2000 Travel Planner and a large map identifying the new routes and services Amtrak will introduce in the next two years. Visitors to the booth may also register to win many great prizes, including free trips on board Amtrak. Event attendees can take a break or meet a friend at the Meeting Place, a special area reserved especially for them, also sponsored by Amtrak.

For more information about discounted travel to the AARP Celebrates 2000, attendees should call 1- 800-USA-RAIL (1-800-872-7245) and ask for fare code X530, and for more information about Amtrak Vacation packages, call 1-800-321-8684.

Historic depot on track to restoration

LEHI, Utah -- One of the oldest railroad depot buildings in the West is just $56,776 and a few months away from full restoration. Nearly $142,000 has already been spent.

Lehi’s Utah Southern/Union Pacific Railroad Depot is now on a permanent pad at the original site of the depot, 225 E. State, in the heart of the Lehi historic business district.

Missing native lumber planking and glass windows have been replaced. The exterior gleams and will soon be painted in the original colors of railroad red and forest green.

The two-story interior is being painstakingly restored by volunteers.

The completion is tentatively set for mid-July, but more money needs to be raised before then, said Richard Van Wagoner, projects manager for the Lehi Historical Preservation Commission.

"The latest cost estimates for the entire project are $198,760.78," Van Wagoner said. "We are working on raising the final $56,776."

"We have $150,000 that has come in from donations and grants from the Department of the Interior, but we only received $5,000 from the Union Pacific Railroad when we were expecting much more," said Carl Mellor, a member of the historical preservation commission and a city councilman.

The building is 130 years old, on the National Historic Register and is the last standing building of the Mormon Railroad lines. Built in 1870 at the request of early LDS Church President Brigham Young, president of the Utah Southern Railroad Co., the effect on the town of Lehi was dramatic.

"Teamsters and bullwhackers transported goods to and from points south as well as timber and ore from the rich mines in American Fork Canyon and the Tintic District," Van Wagoner said. ‘Many Lehi men found employment in the freighting and forwarding businesses. Numerous saloons, boarding houses and shops sprang up along the State Road."

The depot was in service in various capacities from 1872 until 1973, when it was abandoned. Nine railroad companies used the depot and it served as an office for Deseret Telegraph. The station master lived in the depot building. The large passenger waiting area was sometimes used as a dance hall.

It became the property of the commission in 1996.

Members of the historical preservation commission asked city leaders in 1995 for permission to pursue restoration and to construct the Frank H. Eastmond Park around the site. The commission hired Dan Losee Architects to help oversee the refurbishment.

Once restored, the depot will serve as a transportation museum and as a home to the Wasatch Model Railroaders Association, the Lehi Chamber of Commerce and the Lehi Civic Improvement Association.

It may also be one of the station stops for Utah Transit Authority’s proposed commuter trains.