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Railroad Newsline for Tuesday, February 27, 2007

Compiled by Larry W. Grant

In Memory of Rob Carlson, 1952 – 2007

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Rail News

FEDERAL GOVERNMENT REJECTS LOAN FOR DM&E RAILROAD

Slide show here:

[minnesota.publicradio.org]

ST. PAUL, MN -- The Federal Railroad Administration said Monday it has denied a $2.3 billion federal loan for the Dakota, Minnesota and Eastern Railroad's planned coal train project.

The DM&E wanted to add track to the Powder River Basin coal fields in Wyoming and upgrade its existing line in South Dakota and Minnesota.

The $6 billion project would have involved building about 280 miles of new track and upgrading 600 miles of existing track so trains could haul coal for power plants.

The Mayo Clinic and the city of Rochester, MN, strongly opposed the project, arguing the increased high-speed train traffic through the city could threaten the safety of patients at the clinic, which lies a few hundred yards from the tracks.

Federal Railroad Administrator Joseph H. Boardman said in his decision that "there remained too high a risk" that the railroad could not repay the massive loan.

DM&E president Kevin Schieffer said the company is reviewing the decision, and that it is too soon to say whether the decision permanently dooms the project.

"It's obviously a disappointment, but not the first we've had in the last nine years and I'm sure it's not the last," he said.

Asked whether the decision dooms the project, Schieffer said, "I think it's premature for anybody to rush to judgment on it one way or the other."

He said it's too early to speculate and that "there's nobody pulling up stakes this afternoon."

Several Minnesota politicans have recently come out in opposition to the DM&E expansion plan, including U.S. Rep. Tim Walz, Sens. Norm Coleman and Amy Klobuchar, and Gov. Tim Pawlenty.

Coleman and Klobuchar talked with reporters via conference call Monday afternoon. Coleman, a Republican, said he's pleased that the FRA decided the financial risk was too great.

"They did a very in-depth analysis. They looked at some of the factors that raise some concerns, and they have to come to a conclusion that now concludes consideration of this loan," said Coleman. "I want to applaud the agency, the Department of Transportation, for the effort that they made to really look at this and do the right thing."

DFL Sen. Amy Klobuchar also approved of the decision.

"I think there could be more things, and should be more things that we do for rail, especially with our booming energy economy from Minnesota. But clearly, a loan of this size with no accountability is not the answer."

U.S. Rep. Tim Walz, whose 1st Congressional District would be greatly affected by the DM&E plans, is also happy the loan was denied. Walz says he supports rail expansion in the area, but that such expansion needs to be planned more carefully.

Gov. Tim Pawlenty called the decision "really good news."

"We wanted to find a compromise between some real concerns of the Mayo Clinic and the Rochester community, and the DM&E, and that wasn't achieved, so I'm glad the loan was denied," he said.

South Dakota Gov. Mike Rounds was not immediately available for comment.

An American Association of Railroads spokesman said it would be the largest new rail construction in the United States since well before World War II.

The DM&E also wants to carry coal across Iowa, Missouri and Illinois on its sister line, the Iowa, Chicago and Eastern railroad.

The federal loan would have covered only a little more than one-third of the total cost.

The railroad cannot appeal the decision. But it can still keep the prospects of the expansion open, if it can raise the loan money from private sources. - Tom Schneck, Minnesota Public Radio

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FEDERAL AGENCY TURNS DOWN LOAN FOR DM&E RAILROAD

WASHINGTON, DC -- The Federal Railroad Administration today (Monday) denied a $2.3 billion federal loan for the Dakota, Minnesota and Eastern Railroad's coal train project.

The DM&E wanted to add track in Wyoming's Powder River Basin coal fields and upgrade its existing line in South Dakota and Minnesota. The $6 billion project would involve building about 280 miles of new track and upgrading 600 miles of existing track so trains could haul coal bound for power plants.

The Mayo Clinic and the city of Rochester, Minnesota, strongly opposed the project, arguing increased high-speed train traffic through the city could threaten the safety of patients at the clinic, which is only a few hundred yards from the tracks.

Federal Railroad Administrator Joseph Boardman said "there remained too high a risk" that the railroad could not repay the massive loan.

Department of Transportation spokesman Brian Trumail said there is be no appeal process.

DM&E President Kevin Schieffer said the company is reviewing the decision and it is too soon to say whether it dooms the project.

"It's obviously a disappointment, but not the first we've had in the last nine years and I'm sure it's not the last," he said. "We will continue to develop the project and we obviously wouldn't be doing that if we didn't think it would be able to happen."

He declined to say what the company will do next. In the past, he has said DM&E could look for private investors or even go public.

The Sioux Falls, South Dakota-based railroad says it could haul 100 million tons of coal a year bound for eastern power plants.

A Federal Railroad Administration statement said several factors concerned Boardman, "including the DM&E's current highly leveraged financial position, the size of the loan relative to the limited scale of existing DM&E operations, and the possibility that the railroad may not be able to ship the projected amounts of coal needed to generate enough revenue to pay back the loan."

Minnesota Gov. Tim Pawlenty, a Republican, called the decision "really good news."

"We wanted to find a compromise between some real concerns of the Mayo Clinic and the Rochester community, and the DM&E, and that wasn't achieved, so I'm glad the loan was denied," he said.

South Dakota Gov. Mike Rounds, also a Republican, was not immediately available for comment.

An American Association of Railroads spokesman has said the project represented the largest new rail construction in the United States since well before World War II.

The DM&E also wants to carry coal across Iowa, Missouri and Illinois on its sister line, the Iowa, Chicago and Eastern railroad. The federal loan would have covered only a little more than one-third of the total cost.

The loan would come from a little-used program that Sen. John Thune, R-S.D., had amended to meet the DM&E's needs. Thune was a lobbyist for the railroad before his election to the Senate.

In a statement today, Thune said the South Dakota congressional delegation saw the project "as an opportunity that only comes around once in a lifetime" and would benefit small agricultural communities.

"This is a major setback for our agriculture, ethanol and energy industries, and small towns struggling to survive," he said.

Thune criticized intense Mayo Clinic lobbying efforts.

"Simply put, there was a huge amount of money spent to sabotage this project by powerful special interests and their hired guns," he said. "This is a case of special interests beating the little guy."

The Mayo Clinic spent more than $200,000 lobbying Congress and the federal government on the issue.

Minnesota Sens. Norm Coleman, a Republican, and Amy Klobuchar, a Democrat, praised the decision.

Coleman said he applauded the Department of Transportation "for the effort that they made to really look at this, and do the right thing, protect the interests of American taxpayers."

"I'm very pleased with the result today," Klobuchar said.

Tim Walz, a Minnesota Democrat who represents Rochester, called it "a victory for good government and accountability."

A taxpayer group opposed to the loan also lauded the loan denial.

"Today's announcement marks a huge victory in the battle against wasteful spending," said Tom Schatz, president of the Council for Citizens Against Government Waste. - Mary Clare Jalonick, The Associated Press, The St. Paul Pioneer Press

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TXU BUYOUT MAY SCRAP NEW COAL PLANTS

HOUSTON, TX -- A proposed buyout of TXU Corp., Texas' largest electric company, may include an agreement with an environmental group for the Dallas-based firm to scrap plans to build eight of 11 coal plants in the state, the Natural Resources Defense Council said Saturday.

On Friday, sources confirmed that Kohlberg Kravis Roberts & Co. and Texas Pacific Group were set to offer about $32 billion for TXU in what would be the largest private equity deal ever.

The deal could be announced as early as Monday, sources said. TXU officials on Friday would not comment on any potential offer for the company. Efforts to reach TXU officials late Saturday were unsuccessful.

The NRDC said KKR and Texas Pacific Group have committed to withdrawing eight of 11 permits for pulverized coal plants TXU wants to build in Texas.

The potential new owners would also support a mandatory nationwide limit on emissions of carbon dioxide, which is blamed for global warming, support an emissions-trading program, drop plans to build coal plants outside Texas and invest in energy efficiency programs to reduce the need for new power plants in the state, the environmental group said.

"What we are witnessing is the beginning of the end of investments in old-fashioned coal plants," said David Hawkins, head of NRDC's climate center and a former official with the Environmental Protection Agency. "These are very big investors coming to the energy table with very big ideas about where the competitive market is heading."

Despite escalating opposition to its coal proposals in Texas from environmental groups, elected officials and other energy companies, TXU has not wavered in its push to obtain permits to build new coal units at its existing power-plant sites.

As late as last week, TXU attorneys argued against a delay in the start of a regulatory hearing in Austin covering six Texas coal-plant permits after a state judge blocked the governor's effort to accelerate the permit process. The permit hearing was delayed four months.

Because of delays in obtaining permits, TXU was unlikely to have met its ambitious target to get any of its proposed new coal units built and operating in 2009, according to industry sources.

TXU officials have said that Texas needs low-cost coal-fired power plants to meet growth in electric demand and to reduce the state's reliance on expensive natural gas to produce power.

The NRDC said KKR and Texas Pacific have agreed to explore new coal technology, including coal gasification, a technology TXU deemed too unreliable to build at this time in Texas.

"This turnaround marks the beginning of a new, competitive focus on clean, efficient, renewable energy strategies to deliver the power we need while cutting global warming emissions," NRDC President Frances Beinecke said in the release. - Reuters, courtesy Dick Seelye

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TERRORISM FEAR FOCUS ON CHEMICAL SHIPMENTS

Advocates of tighter restrictions on highly hazardous chemical rail tankers are used to talking in theoretical terms about the terrorist threat posed by these ubiquitous shipments.

Since January, insurgents in Iraq have put theory into practice, blowing up mobile tanks of chlorine in Iraqi neighborhoods with deadly results.

These examples of how shipments of widely used chemicals can easily be turned into very real weapons of mass destruction have helped to bolster efforts to tighten security on hazardous rail shipments. That could mean putting shipments under lock and key when they're parked on railroad siding tracks and perhaps even rerouting some of the deadliest cargoes away from populated areas.

"If it happened in Baghdad, it's just a question of time before it happens here," said South San Francisco Fire Chief Philip White. "The question is, what are we doing to do about it?"

White's concerns about shipments of highly flammable toluene through his jurisdiction prompted him to lobby for legislative action to help fire departments prepare for the worst from hazardous chemical tankers. He's part of a growing chorus of safety officials, environmental activists and security advocates who have urged federal, state and local governments to treat the shipments as potential terrorism weapons.

"On one hand, they're very useful," White said of the chemicals, "but in the wrong hands, they can be quite dangerous."

To minimize the risk of both accidental release or explosion, White and others across the nation, including U.S. Sen. Joe Biden, D-Del., and members of Congress from areas that have been the scene of chemical releases or fires, are urging that the shipments be limited to certain times of day when fewer people are nearby, be stored in more secure areas and be kept on routes that have the lowest level of risk to local populations.

On Thursday, the U.S. military reported finding a car bomb factory with propane tanks -- a type of liquefied petroleum gas also found in hundreds of massive tank cars up and down the East Bay -- and chlorine cylinders -- widely used by utilities to purify water.

On Tuesday, a bomb ripped open a chlorine truck tanker and sickened 150 people north of Baghdad, the Associated Press reported. That attack was followed Wednesday by one in Baghdad that killed five and hospitalized 55 who inhaled the deadly gas from ruptured tanks mounted on a pickup truck.

On the home front, the danger of chemical shipments, and chlorine in particular, has been a grave concern for the Department of Homeland Security since the agency was created in the wake of the Sept. 11, 2001, terrorist attacks, said spokesman Darrin Kayser.

"Chemical facilities or toxic chemicals in transit are among the most serious risks facing America's highest threat areas," Kayser said.

Those areas include densely populated urban areas and critical infrastructure such as bridges and tunnels.

"The key to our rail security initiatives have been to take a significant (portion of dangerous substances) off the table for the terrorists to exploit," Kayser said.

Those initiatives, proposed in December, started with immediate voluntary restrictions for railroads to better control storage and transfer of hazardous inhalant rail shipments such as chlorine, sharing of tracking information with the government and submitting to inspections by Transportation Security Administration agents. Those voluntary measures will become permanent in about 18 months once new regulations proposed in December go through a public review process and are approved by the Homeland Security and Transportation departments.

Authorities are also working on keeping better track of hazardous truck shipments. Last August, for example, they started tracking some of those shipments electronically and through shippers' reports at a new hazardous truck tracking center in Buffalo.

The Iraq attacks demonstrate the need to "stay one step ahead of the threats to our national security," said U.S. Rep. Ellen Tauscher, D-Alamo. "We can no longer afford to plan against the last attack. "These terrorist organizations are always coming up with new and different attacks."

Asked how the Iraq attacks might affect efforts to put greater restrictions on domestic chlorine shipments, the Virginia-based Chlorine Institute referred the question to the American Chemistry Council. A council spokeswoman e-mailed a statement asserting that "transportation of chlorine from production facilities to end users such as water treatment plants is essential to realize its public health benefit" and that shippers must comply with council's rigorous security code.

"Under the Code, ACC members have completed vulnerability assessments, developed and implemented security plans, and verified implementation of physical enhancements through independent, third parties such as local law enforcement and emergency response officials," the statement said. - Erik N. Nelson, The Contra Costa Times

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U.K. RAIL CRASH CAUSED BY MISSING TRACK EQUIPMENT

U.K. investigators probing the derailment of a high-speed train on Feb. 23 said a key part of a set of points was missing.

Network Rail Ltd., which operates Britain's railroad track and signaling network, apologized for the disaster which happened when a Virgin train traveling from London to Glasgow jumped the tracks at 20:25 local time on Friday, Feb. 23. It passed over a switch near the village of Grayrigg, about 4 miles (6 kilometers) northeast of Kendal in the English Lake District.

"Network Rail is devastated to conclude that the condition of the set of points at Grayrigg caused this terrible accident,'' the company's chief executive John Armitt said in an e-mailed statement. "We would like to apologize to all the people affected by the failure of the infrastructure.''

One person was killed and 22 were taken to a hospital after all nine carriages of the train left the track. Five remain in hospital, three of them in a critical condition, the Rail Accident Investigation Branch said in an interim report published on its Web site.

One of three "stretcher bars'' at the points was not there, the RAIB said. Points are used to allow trains to divert or join between two routes. Two rails, known as switch rails, move from one side of the track to the other and select the route. The switch rails are supposed to be kept the correct distance apart by the stretcher bars, the RAIB said.

Fractured Bars

The two other stretcher bars were fractured, one of them possibly before the crash and vital bolts were not in place.

"Some of these bolts and the associated nuts and washers were found in the ballast but others were not,'' the RAIB said in its report.

"We know how the accident happened and now we and the traveling public need to know why,'' Transport Secretary Douglas Alexander told Parliament. "If in the course of their investigations, the investigators discover anything that needs to be done to improve safety we ask that it be done immediately.''

Network Rail has invested 8 billion pounds ($15.7 billion) re-laying 1,100 miles of track along the West Coast Mainline to address safety concerns and speed up services linking London and Scotland. The three-year upgrade, completed in 2005, cut 40 minutes off the London-Glasgow journey and allowed Virgin to operate trains at up to 125 miles per hour on the track.

Network Rail's was fined 3.5 million pounds for safety violations related to a 2000 train crash at Hatfield, north of London, that killed four people and injured 102 others when an express train derailed after hitting a cracked rail.

The company pleaded guilty to charges related to a 1999 crash that killed 31 people at Ladbroke Grove in west London. More than 400 people were injured in the accident, when a commuter train passed through a red signal and collided with a larger express train.

In 2006, the number of passenger journeys on U.K. trains rose 6.7 percent above a year earlier to 1.15 billion, according to the Association of Train Operating Companies. That's the highest since 1946. - Nick Allen, Bloomberg.com

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BOTH BNSF MAIN LINES REOPEN AT BROKEN BOW, NEBRASKA

BROKEN BOW, NE -- Two train crossings in this Custer County remained closed Monday after the weekend derailment of a BNSF Railway Company coal train, Broken Bow Police Chief Steve Scott said.

No injuries were reported in the Saturday night derailment of 17 cars of a train carrying coal from Wyoming to Lincoln, said Steve Forsberg, general director of public affairs for the Fort Worth, Texas-based railroad.

There were more than 100 cars on the train, with the 51st through 67th cars jumping the tracks, Forsberg said.

Two sets of tracks run through Broken Bow, Forsberg said. One reopened Sunday night and the other on Monday morning. - The Associated Press, The Fremont Tribune

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WEED PANEL WANTS CITY, BNSF TO PULL TOGETHER

WHITEFISH, MT -- A Whitefish, Montana weed committee wants to negotiate a written agreement with BNSF Railway Co. that would define the railroad's role in controlling weeds along the city's BNSF Loop bike trail.

The weed control advisory committee has had discussions with railroad officials about problematic weed infestations along the new trail. While BNSF has verbally committed to working with the city, committee members believe it needs to be taken a step further.

"The difficulty with BNSF is that weed spraying is contracted privately from out of state" and timing has been an issue, committee member Jen Elden said.

Sometimes sprayers show up well after weeds have flowered, she said.

There also have been concerns about how much area the railroad should be required to spray. Contracted sprayers apply herbicides along the track line, but a buffer zone between the tracks and trail has come into question, Elden said.

The railroad is within county jurisdiction even though the tracks cross through Whitefish. County resources for spraying are stretched thin, City Manager Gary Marks said.

"More realistically it [a spraying plan] will be a relationship between us and the railroad."

The committee expects to find out next month if a grant will be awarded for a comprehensive weed inventory that would be conducted by the county weed district. Whitefish joined with the Forest Service Tally Lake Ranger District and the county for funding from the state's Noxious Weed Trust Fund.

A weed inventory would be an integral piece to further development of a long-term weed management strategy for Whitefish.

"We're trying for a holistic approach, for lack of a better word," Elden said, explaining that establishing native plants in problem areas is part of the plan.

The committee was established two years ago after a city survey identified weeds as a rising concern of residents. During the first year the committee identified weed-management issues and developed a strategy to create long-term solutions.

An education and outreach campaign publicized "weeds of the week" in the Whitefish Pilot and distributed brochures about "most wanted" weeds.

Last year the committee designated the Soroptimist Park as pesticide-free and organized a community weed-pulling event. Committee members want to expand the effort to Kiddie Park this year.

The city changed its code-enforcement officer position to community resource officer, a position that will involve weed education.

"Most communities struggle a lot with this issue," Marks said. "When I started here we weren't even spraying."

Even though the city is striving to be active in weed management, it hasn't yet translated into improvement "in the eyes of our citizens," he said. They still see weeds as a top priority. - Linnette Hintze, The Kalispell Daily Inter Lake

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RAILROAD DEBUTS ENGINE FLEET THAT'S ENVIRONMENT-FRIENDLY

JANESVILLE, WI -- If it looks like a locomotive and sounds like a locomotive, it must be a locomotive.

That was definitely a locomotive working the tracks around Janesville's General Motors assembly plant last week.

But it was a state-of-the-art engine designed to reduce emissions of both nitrous oxides and particulate matter by up to 80 percent, while using as much as 16 percent less fuel than to current low-horsepower locomotives.

Union Pacific Railroad is rolling out the new environmentally friendly locomotives as part of its efforts to reduce air emissions in cooperation with federal, state and local agencies.

Photo here: [www.gazetteextra.com]

Caption reads: Union Pacific Railroad engineers use two new low-emission locomotives as they switch out railroad cars at the General Motors assembly plant in Janesville. With an eye on improving the environment, the railroad is rolling out a fleet of the new diesel engines. Crews tested the locomotives in Janesville for about a week before they moved to California. (Photo by Al Hoch/Gazette Staff)

The new 2,100-horsepower locomotives are called "Generator-Set," or "Genset" switchers. Each is powered by three 700-horsepower ultra-low-emission diesel engines.

Union Pacific began studies and tests of the prototype Genset switcher locomotive in 2002.

The new locomotives will be used to serve customers and sort rail cars for outbound trains and will replace many of the 95 older, low-horsepower locomotives currently being used in Los Angeles Basin rail yards.

Last week, two of the new engines were put through the paces in Janesville before heading for California.

Jim Griffiths, UP's senior manager of terminal operations in Janesville, said local engineers tested the new locomotives for about a week.

"The overwhelming response that I've received is that they work very well," Griffiths said.

A team of technical experts is following the new locomotives from site to site, testing and collecting a variety of technical information, he said.

"These ultra-low emission yard locomotives continue Union Pacific's voluntary efforts to go beyond air quality regulations and are the result of applying research and development of new technology to reduce emissions," Bob Grimaila, UP's vice president, environment and safety, said in a news release.

"Union Pacific is committed to preserving our environment by reducing emissions to help improve air quality and conserve fuel."

Union Pacific links 23 states in the western two-thirds of the country and serves the fastest-growing U.S. population centers. Its diversified business mix includes agricultural products, automotive, chemicals, energy, industrial products and intermodal. - Jim Leute, The Janesville Gazette

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COUPLE CALLS 'ALL ABOARD' A UNIQUE B & B RETREAT

Photo here:

[media.fergusfallsjournal.com]

Caption reads: The "Imperial Car," is the flagship of the Whistle Stop Limited Line.

FERGUS FALLS, MN -- For those wishing to get away from it all without going five states away, there is a bed and breakfast in New York Mills that provides the privacy of riding your own turn-of-the-century Pullman rail car without the bother of actual travel.

Whistle Stop B and B has a small fleet of rail cars permanently situated right out the back door, and though they don't move, they can whisk you away to another time.

"People tend to comment about the feeling of going back in time," co-owner Roger Lee said. "The cars reek of history, of course; they're over 100 years old."

In the mid-1990s, they were looking for more rooms to let out, after setting up three rooms in their 1903 Victorian home bed and breakfast.

"It started with my wife, Jann" he said. "She said, 'Lets get a caboose.' So we started talking about it, and asking around."

The caboose was found by Pelican Lake. It was built in 1893, according to documentation provided by a Soo Line historian, and is the oldest railroad car in the Lee's collection.

In 1997, they bought the Palace car, their first Pullman. It was built in 1909 as a club dining car, used by the Northern Pacific Railroad until the 1960s, when it was given to a retiring railroad man who used it for storage until the roof gave way. It's full restoration took a year.

"After that, the newspaper there in Fergus came out and took some pictures," Lee said. "They put a picture (of the Palace Car) on the front page of the Journal. The owner (of another car) saw the paper and called us."

The Imperial Car, purchased in 2000, had been built in 1903 as a day coach, originally seating 80 passengers on the North Coast Limited between Minnesota and Washington state. Purchased from the Northern Pacific in the 1930s for use as a hunting shack, it later became a family home in the 1940s.

It is now the star of the "Whistle Stop Limited Railroad."

"The big cars are more popular," Jann Lee said. "They have 750 square feet of space -- that's as much as some apartments. They are geared for two (guests,) with a queen bed, but we've had families in there. We have blow-up beds, if people want them. We've had four or five girls throw slumber parties in there."

Still, there is room for expansion of the Whistle Stop rail line.

"We could definitely use at least one more car," Roger said, "especially in the summer. They get booked up several months in advance. Right now, we're toying with the idea of creating one from scratch." - Matt Bewley, The Fergus Falls Daily Journal

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JUDGE ALLOWS LAWSUIT IN TRAIN DEATH TO PROCEED

HAYWARD, CA -- Candles, artificial flowers and a wooden cross with the date 2/18/2005 written on it adorn the steps of a crosswalk on the Union Pacific railroad tracks behind Tennyson High School, where Celedonia Jasmin Castro lost her life as she was saving that of a friend.

On a sign next to the memorial, faded messages from Celedonia's friends expressing sadness over her death are written in marker.

Between the school and the tracks, the gate that Celedonia and others used to access the crossing is open and unsupervised -- and is now the subject of a lawsuit brought against the Hayward Unified School District by Raul and Maria Castro, Celedonia's parents. They claim the district has some responsibility for their daughter's death.

The lawsuit was filed in October 2005. Earlier this month, Alameda County Superior Court Judge Winifred Smith ruled that there is enough evidence to hear the parents' argument in court. In doing so, Smith denied the district's motion for a summary judgment that would have absolved the district of any liability. On March 23, the case will be assigned to a courtroom for trial.

The crux of the parents' argument goes back to a contract entered into by the district with Southern Pacific Railroad in 1958. It requires the district to keep the gate closed during school hours and for it to be supervised by an adult when open, said Tom Gundlach, attorney for the Castros.

The district argued that the boy who was playing chicken with an oncoming train before Celedonia pushed him off the track and was struck herself was to blame for the death because it was his "sudden and unforeseen criminal conduct" that caused Celedonia to run onto the tracks, according to court records. Therefore, there was "no causal connection between the open gate and Celedonia's death."

But the judge disagreed. In fact, she wrote in her ruling, "there is evidence to support a finding that the district was aware of the risk of injuries to its students from trains running just outside the Huntwood gate."

The high school's Student/Parent Guide and its Administrative Handbook state that "students should never attempt to 'beat the train' across the tracks, or cross the track once the warning signals have sounded."

By including warnings in both texts, Gundlach argued, the district "acknowledges its duty includes protecting students from engaging in the very activity giving rise to Celedonia's death."

As for the gate itself, the judge wrote that it "was clearly within the district's responsibility to control."

According to court records, Gundlach argued that the contract with the railroad requires the school district to remove the gate upon termination of the contract.

Because the gate was never removed, Gundlach wrote in his argument, "the district acknowledged that the contract remained in full force and effect."

Asked about the lawsuit, the district had no comment.

"We are aware it's been filed and we are following the procedure but we are not going to comment for the newspapers," said Associate Superintendent for Educational Services Christine Quinn.

When asked why the gate remains open, she replied, "You'll have to ask the principal -- from what I understand it was closed."

Tennyson High School Principal Theresa McEwen directed questions to the Maintenance and Operations department.

"We were told it was public access," she said.

A spokeswoman for the district's maintenance office said she didn't have an answer for why the gate remains open but would look into it and call back. She did not call back before press deadline. - Alejandro Alfonso, The San Jose Mercury News

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SAFETY SUGGESTIONS OVER '03 CHLORINE SPILL COMING UP

GLENDALE, AZ -- Safety recommendations will be announced Wednesday to prevent a repeat of a 2003 chlorine spill that forced the evacuation of about 5,000 people near a Glendale, Arizona plant.

The U.S. Chemical Safety and Hazard Investigation Board will hand down its findings during a Monday 11:00 press conference at the Sheraton Crescent Hotel, 2620 W. Dunlap Ave., officials said.

In June 2004, the agency issued a preliminary report saying that operators at DPC Enterprises, 4909 W. Pasadena Ave., ignored safety alarms that had sounded about the spill.

Workers then failed to take proper action and made a bad situation worse during the transfer of liquid chlorine from a railroad tank car to a tanker truck, the agency said.

At issue was a Nov. 17, 2003, spill at DPC, a chlorine recycling center northeast of 51st Avenue and Camelback Road.

As much as 3,500 pounds of chlorine were released, sending a green cloud and sharp, noxious fumes into the air.

That caused traffic jams as portions of major streets were closed for several hours. Nearby neighborhoods were evacuated and surrounding schools were ordered to lock down.

Fourteen people, including 10 Glendale police officers, were treated for chlorine-related symptoms, officials said.

An official of the Houston-based firm said DPC regretted the incident and had taken steps to prevent a recurrence.

The chemical board does not issue citations or fines, but makes safety recommendations to plants, industry organizations, labor groups and other federal regulators. - Brent Whiting, The Arizona Republic

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OFF ROADERS DETAINED FOR QUESTIONING IN POSSIBLE LINK TO RAILROAD THEFTS

Photo here: [www.tehachapinews.com]

TEHACHAPI, CA -- Two off-road enthusiasts who were seen driving on private property and the Union Pacific trackside right-of-way were briefly detained for questioning then released by the Kern County Sheriff's Department and Union Pacific Railroad police on Feb. 18, after residents in the Marcel Road area observed them stop and load a large cardboard box into a pick-up truck.

Area resident Mary Janicke said the suspects parked on private property before crossing the tracks and heading directly for the semi-obscured package near a culvert, off to the trackside.

"I saw them suspiciously running across the tracks and hardly anyone does that," she said, indicating that most rail fans usually walk along the tracks, taking pictures. "I knew something else was up and I immediately thought of the railroad bandits."

Residents in the area have been hyper-vigilant to trespassers since an ongoing investigation was acknowledged in October of 2006 by Union Pacific representative Mark Davis. Davis indicated that a rise in thefts from stopped trains in the Tehachapi Loop area had brought out railroad police to inform local ranchers and homeowners to be on the lookout for thieves. Some of the ranchers had fences and or locks cut on their property and speculated that it was done to provide alternative access routes to later collect stolen items being off-loaded from the stopped trains. Local ranchers also claimed the agents indicated the thieves could possibly be armed. (see full story online at [www.tehachapinews.com], Horse killed on highway attributed to recent rise in train robberies, Oct. 30, 2006)

Janicke notified local law enforcement officials after she saw the trespassers, expressing her concern that a recent increase in off-roaders and trespassers in the area poses an increased threat to residents safety, as well as an invasion of privacy.

A short time later the suspect's vehicle was located and detained along Tehachapi-Woodford Road by responding Kern County Sheriffs Deputies, who deferred the investigation to UP Special Agent Henning.

After interviewing the two men, Henning cleared them of any theft charges. According to UP media spokesperson Gene Hinkle, the men claimed they had seen the box on the ground and that they were planning to take it to the Union Pacific Area Office, in Tehachapi.

"They were just in the wrong place at the wrong time," he said.

Hinkle said he was unaware of any additional railcar thefts or of any progress or conclusion to the investigation that was begun in October by Union Pacific. - Carin Enovijas, The Tehachapi News

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AMTRAK ILLINOIS RIDERSHIP IS GROWING

CHICAGO, IL -- Amtrak trains in Illinois have racked up impressive ridership and revenue in the first few months of the railroad's fiscal year, with significant growth on all the routes. Under a new contract with the State of Illinois, there is additional service on all three Downstate routes.

In figures for the four months ending January 30, 137,882 passengers rode on the ten trains on the Chicago-St. Louis corridor, an increase of 29 percent from the same period a year earlier, when there were six trains on the route. Ticket revenue is up by more than $368,000 and is in excess of $3.1 million for the four months that begin the current Amtrak fiscal year.

The figure for the state-supported trains on this corridor during the period ending January 30 is 75,791, including 18,730 for January. That is an increase of almost 103 percent from January of 2006, when there was only one state-sponsored round-trip on the corridor.

On the Chicago-Carbondale route, 81,285 passengers rode on the six trains, an increase of more than 35 percent from the same period a year earlier, when there were four trains on the route.
Ticket revenue is up by more than $456,000 and is in excess of $2.4 million for the period.

The figure for only the state-supported trains on this route during the period ending January 30 is 68,347, including 15,996 for January. That is an increase of almost 69 percent from January of 2006, when there was only one state-sponsored round-trip on the route.

At the same time, 59,124 passengers rode on the eight trains between Chicago and Galesburg, including four of them also operating to and from Macomb and Quincy, an increase of almost 25 percent from the same period a year earlier, when there were six Chicago-Galesburg trains and two that also operated to and from Macomb and Quincy. Ticket revenue is up by more than $180,000 and is in excess of $1.3 million for the period.

The figure for only the state-supported trains on this route during the period ending January 30 is 49,976, including 11,126 for January. That is an increase of almost 45 percent from January of 2006, when there was only one state-sponsored round-trip on the route.

"Illinois is fast becoming a great success story," said Alexander J. Kummant, Amtrak President and CEO. "They have a vision and a plan and we are excited to be a part of that."

"These numbers demonstrate the demand for Amtrak in Illinois and tell us that we did the right thing when we doubled state support for passenger rail," said Gov. Rod R. Blagojevich. "Amtrak provides a convenient and affordable travel option for seniors, students and members of our Armed Forces. And for many communities, it is the only form of public transportation."

Amtrak operates the six Lincoln Service trains between Chicago and St. Louis under a contract with the Illinois Department of Transportation (IDOT). Amtrak does not receive any direct state support for the Ann Rutledge (Trains 303 & 304) and Texas Eagle (Trains 21/321 & 22/322), also on this route.

Amtrak operates the Saluki (Trains 390 & 391) and the Illini (Trains 392 & 393) between Chicago and Carbondale under a contract with IDOT. Amtrak does not receive any direct state support for the City of New Orleans (Trains 58 & 59), also on this route.

Amtrak operates the Illinois Zephyr (Trains 380 & 383) and the Carl Sandburg (Trains 381 & 382) between Chicago and Macomb/Quincy under a contract with IDOT. Amtrak does not receive any direct state support for the Southwest Chief (Trains 3 & 4) and California Zephyr (Trains 5 & 6), also on this route between Chicago and Galesburg.

Overall, Amtrak ridership across the 46-state network of trains is also up for the October 2006-January 2007 period. The total of 8,155,748 passengers is an increase of more than four percent from the year-ago figure and includes double-digit increases on several routes. - Marc Magliari, Amtrak and Mike Claffey, Illinois DOT joint News Release

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TRANSIT NEWS

SAND-TO-DISNEYLAND LINE MAY GAIN GROUND

Map here: [www.ocregister.com]

ORANGE COUNTY, CA -- An idea to build a transit line stretching from Disneyland to Huntington Beach could gain some momentum Monday.

Officials from five cities in north and west Orange County are hoping to score up to $250,000 in grant money from the Orange County Transportation Authority to study the possibility of a transit service connecting the tourist destinations, possibly along an existing railroad corridor.

"It's a difficult, long commute going from Huntington Beach to Anaheim, weaving through the cities," said David Webb, Surf City's deputy public works director. "The need for this is really strong. There's obviously a strong commuter connection, and the route connects two major tourism destinations."

But news of the idea has inflamed residents living near the railroad corridor in Huntington Beach. About 25 people plan to attend an OCTA board meeting today (Monday) to protest, resident Shari Noriega said.

"It's extremely frustrating because we have vested interest in our city and . we're not being given any information about this," said Noriega, who is worried about the project's effect on property values.

The proposal is among those submitted by 18 cities vying for a share of grant money from OCTA's Go Local program. Each of Orange County's 34 cities was eligible for $100,000 grants, offered to encourage cities to think of ways to link to Metrolink lines.

The best plans will qualify for cash to fund further study. In all, $30 million is set aside.

"The goal of this program is to get people to think outside the box," OCTA spokeswoman Andrea West said. "The cities are the experts, so we're looking for them to tell us what they think would be the best."

Huntington Beach will head the project to evaluate possible transit lines stretching from the sand to Disneyland through Garden Grove, Stanton, Westminster and Anaheim.

The study will include evaluating the possibility of a transit line along 18 miles of Union Pacific Railroad tracks from the Metrolink station in Anaheim to the intersection of Ellis Avenue and Gothard Street in Huntington Beach. It will evaluate ways to move people to the beach and into the Disneyland Resort area and also will review other possible transportation routes.

The type of transportation - such as light rail, monorail or bus - also has not been determined. The study could take up to a year and a half to complete, Webb said. - Jennifer Muir, The Orange County Register

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SLOW ZONES LEAD TO BLUE LINE BLUES

CHICAGO, IL -- Nearly 2 miles of slow zones have been eliminated on the CTA Blue Line in the last six months, yet riders complain their travel times are growing longer.

That's because track conditions on the O'Hare and Dearborn Street subway sections of the Blue Line are deteriorating faster than the Chicago Transit Authority can fix them, officials say.

The reason? There's no money.

Work to get rid of CTA slow zones has screeched almost to a halt after state money for capital improvements ran out three years ago--even as Blue Line ridership was surging.

Since 1997, annual ridership has jumped by 50 million. The line is the agency's second busiest, behind only the Red Line. The Blue Line had about 32.6 million riders in 2006, a 2 percent increase from 2005.

Today, Blue Line service to O'Hare, which began in 1984, and through the Dearborn subway, which opened in 1951, is unraveling into a mess of worn out tracks and rotted railroad ties. That's causing a growing number of slow zones and overcrowded trains.

Trains must travel slower over about one-third of those two sections. CTA officials estimate that a trip from the Loop to O'Hare should take no more than 50 minutes. Many riders say travel takes more than an hour.

The Red Line has a higher percentage of tracks in slow zones than does the Blue Line--28 percent versus 22 percent overall--but the Blue Line slow zones stand out.

Unlike the Red Line, where many stations are closely spaced and trains don't have a chance to get up to top speed, there are long stretches on the Blue Line to O'Hare where the normal track speed is 55 m.p.h. But trains must travel either 35, 25 or 15 m.p.h. over bad track to ensure safety. If maintenance crews are present, trains have to go even slower, cutting back to 6 m.p.h.

The CTA estimates it needs $100 million to eliminate Blue Line slow zones.

The shortfall is part of a total $500 million necessary to get rid of slow zones on the entire rail system, which more than doubled this year to about 185,000 feet of track, the CTA said. The agency's capital budget provides for $62.7 million through 2011 to address the problem.

The same problem existed on the Congress and the Douglas (now Pink Line) branches of the Blue Line until the CTA, using Illinois FIRST capital-improvement program funds, recently conducted major overhauls.

Those branches--along with the Orange Line to Midway Airport, the Jackson Park branch of the Green Line, the Pink Line and sections of the Loop tracks downtown --are now classified as having no slow zones. Meantime, the rehabilitation on the Dan Ryan branch of the Red Line has cut slow zones to less than 5 percent. But 45 percent of the Red Line on the North Side and 47 percent in the State Street tunnel still are designated as slow zones.

"Where is the outrage over the so-called `maintenance' on the Blue Line?" asked commuter Errick Christian. "The trains have been traveling at 6 m.p.h. I can moonwalk to work and back faster than the darn train."

The decline in Blue Line service will continue until the General Assembly approves a capital-improvement program for transit, said CTA President Frank Kruesi.

"We are in a phase now where new capital funding is zero," Kruesi said. "When the money is turned off we fall behind very quickly and it is hard to rebound."

Trains must travel below normal speeds on almost 65,000 feet of Blue Line track, according to the latest CTA maps. That's up from only 7,300 feet of slow zones in March 2006. The peak in the last year was August -- 74,700 feet of slow zones on the Blue Line, the CTA said.

More than 10,000 feet of slow zones were eliminated in the last six months, said CTA spokeswoman Noelle Gaffney.

"But as we make gains in one area, conditions may deteriorate in another," Gaffney said.

Blue Line slow zones recently eliminated or reduced were in the subway, west of the Clark/Lake Station, northbound near Logan Square, northbound near Addison, southbound south of Addison and southbound near Belmont, she said.

However, new slow zones were added in both directions on the Blue Line on a 14,193-foot stretch between Division and Grand, Gaffney said, adding that he has 10 to 15 minutes of commuting, depending on the time of day.

The subway work is extra costly and time-consuming, officials said, because the rotted wooden ties that must be replaced were encased in concrete in the '50s.

Tracks, railroad ties, fasteners and running rails that were installed at the same time tend to need replacement all at once.

The poor shape of much of the Blue Line was discovered after stepped-up inspections that were ordered in the wake of a July 2006 derailment and fire in the subway section near downtown that forced hundreds of terrified commuters to flee the dark, smoky tunnel.

Commuter frustrations also have been compounded by service interruptions unrelated to the delays caused by slow zones.

On Tuesday, for example, defective rail equipment made contact with the third car of a southbound Blue Line train approaching the Chicago Station at the height of the morning rush period.

The incident stopped all O'Hare branch Blue Line trains inbound to the Loop for 33 minutes, the CTA said.

Many riders have lost patience.

"I'd like to hear today's excuse for poor service," Andrew Pekala said of Tuesday's delays. "Last week it was the snow and cold weather. Today it was almost 35 degrees yet there I sat, stuck on a Blue Line train at Damen for a half-hour because of `equipment issues.' I am tired of the same old excuses."

A new state audit of mass transit services in the Chicago area identified many areas where the CTA needs to make improvements, which include increasing efficiency and cutting waste. But transportation experts say the service meltdown on parts of the CTA system is the inevitable result of years of underfunding both daily operations and long-term infrastructure upgrades.

"We are nearing the end of being able to use bubble gum and bailing wire to keep the CTA together," said David Schulz, director of the Infrastructure Technology Institute at Northwestern University.

Schulz said he knows his views won't be popular among many CTA customers who criticize the agency's performance, but he insists, "The CTA can make the argument that they have done too good a job with the available money." - Jon Hilkevitch, The Chicago Tribune

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