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Railroad Newsline for Thursday, April 05, 2007

Compiled by Larry W. Grant

In Memory of Rob Carlson, 1952 – 2006

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RAIL NEWS

U.S. RAILS LOBBY CONGRESS FOR HAZMAT SUPPORT

CHICAGO, IL -- Transporting hazardous materials puts U.S. railroads on the horns of a dilemma: They're damned if they do, and damned if they don't.

The major railroad companies say they are legally obliged to carry dangerous materials -- often toxic chemicals from chlorine to propane -- while facing unlimited liability for damages in the event of an accident. They complain it's unfair that over 50 percent of their insurance costs go for hazardous materials, which make up just 0.3 percent of the freight they haul.

"This is one of the single most serious issues we face," said Wick Moorman, Chief Executive Officer of Norfolk Southern Corp.. "The potential liability is staggering."

The railroads are, therefore, lobbying U.S. Congress to introduce liability limits and create financial support for serious accidents, action analysts say is overdue.

"For shareholders in these railroads it seems hardly fair to combine the legal obligation to haul hazardous materials with an unlimited liability potential," said Tony Hatch, a railroad analyst at New York-based ABH Consulting.

"Often the costs associated with these goods means it simply isn't worth it for the rails to carry them," he added.

With imminent government action unlikely, however, some railroads are looking for ways to cut shipments of hazardous materials -- or Hazmat -- rather than wait.

"We are looking for alternative solutions to hauling materials that represent a significant risk to our business," said Robert Grimaila, vice president of safety, security and environment at Union Pacific Corp.. The company is working with plastics and chemicals giant Dow Chemical Co. to develop safer rail cars and reduce Hazmat volumes on the tracks through better planning -- using pipelines wherever possible, or looking to find chemical sources closer to customers.

EXPLOSIVE MIX

A rail accident involving Hazmat invariably makes headlines, due to the often explosive or toxic chemicals that are released.

This was the case for a CSX Corp. train derailment in mid-January in Kentucky, when a number of cars -- carrying a potential carcinogen used to produce synthetic rubber, chlorine residue and an industrial solvent -- burst into flames.

Eleven people were injured in the incident -- one of three so far in 2007 for CSX -- which may cost the rail company up to $30 million. CSX says it has a 99.99 percent Hazmat safety record and like other rails bemoans the obligation to haul it.

"We transport these materials not because we choose to, but because we are legally required to do so," said Skip Elliott, CSX vice president for safety.

The major U.S. railroads express concern that insurance to cover Hazmat shipments is a huge and rapidly rising expense.

"The insurance costs associated with (Hazmat) have risen dramatically," said Pat Hiatte, spokesman for Burlington Northern Santa Fe Corp., whose costs have increased 250 percent in the last five years.

In some cases, major railroads insure themselves because coverage is not available, but smaller U.S. railroads complain they simply cannot afford it.

"For a small railroad, a serious Hazmat accident would mean instant bankruptcy," said Dave Mears, a spokesman at industry group the American Short Line & Regional Railroad Association.

Railroads that can afford insurance can, and do, include it in the billing process for their chemical company clients.

"Whatever the railroads are paying in insurance is passed on to us," said Henry Ward, Dow Chemical's transportation safety and security director.

Railroads say an even greater problem than insurance is the potential liability cost -- including lawsuits -- of a serious Hazmat accident that could run into billions of dollars.

"We're in an untenable position," said Tom White, spokesman for the Association of American Railroads. "We need a Hazmat liability limit, or remove the obligation to haul it."

The railroads have lobbied Congress to introduce a Hazmat liability cap -- $300 million for an individual railroad, according U.S. House of Representatives officials -- and create a joint fund of railroads, chemical companies and government to cover damages up to $5 billion.

Officials at the U.S. Senate Committee on Commerce, Science & Transportation said a rail safety reauthorization bill is being prepared, but added it is too early to say whether Hazmat liability will be part of that legislation.

U.S. House Transportation and Infrastructure Committee spokeswoman Mary Kerr said rail safety and security -- not Hazmat liability -- is the committee's top priority.

"What the railroads propose is difficult, as it would involve a minimum of at least another three committees," she said. "It would be very complicated indeed."

Support from chemical companies also seems unlikely.

Tom Schick, senior distribution director at industry group the American Chemistry Council, said that the obligation for railroads to carry Hazmat, safety regulations and liability for such shipments "all work the way they are supposed to."

"The system is based on each party doing what they're supposed to do properly," Schick added. "And we're happy with that." - Nick Carey, Reuters

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TRAIN DERAILMENT NEAR CALIFORNIA'S SALTON SEA CLEARED

A day after a train derailment in the Mecca, CA area , Highway 111 was open and trains were expected to begin moving through the area by 09:00 hours today, officials said.

The derailment about 16:00 Tuesday sparked concerns of a hazardous materials leak, as the Los Angles-bound Union Pacific train was carrying paint thinner, among other cargo, from Illinois.

However, the spills were creosote, a concrete sealant and blue cheese salad dressing, Cal Fire/Riverside County fire officials said.

The spills made it into a canal about one mile from the Salton Sea, fire-apparatus engineer and hazardous-materials specialist Robert Becker said Tuesday. Hazardous-materials crews dammed the canal and cleaned up the spill, Becker said Tuesday.

Highway 111, closed for a portion of the day yesterday, was open this morning, California Highway Patrol spokeswoman officer Tami Low.

Crews from UP had all cars "rerailed" by 02:30 Wednesday and replaced 1,200 feet of damaged track overnight, UP spokesman Mark Davis said Wednesday morning.

There were no injuries to the three crewmembers on the train, Davis said. One firefighter was taken to John F. Kennedy Memorial Hospital in Indio after suffering from heat exposure, Cal Fire/Riverside County Fire Department Battalion Chief Jorge Rodriguez said Tuesday.

When UP finishes its investigation, the report will be sent to the U.S. Department of Transportation's Federal Railroad Administration, Davis said. - David Raclin, The Riverside Press-Enterprise

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FAST SOIL WORK VOWED AT SITE OF TRESTLE FIRE

SACRAMENTO, CA -- With freight trains rumbling anew over reconstructed rails at the American River fire site, a visiting railroad official on Tuesday promised his company will move quickly to clean soil contaminated by the blaze.

"We are going to be all over this cleanup," Union Pacific executive Dennis Duffy told local officials at the site. "We want to get it done as fast as you do."

The March 15 fire destroyed a creosote-soaked wooden trestle in the American River Parkway.

Photo here:

[media.sacbee.com]

Caption reads: Less than three weeks after a fire destroyed the original wooden structure, Union Pacific officials on Tuesday conduct a ceremony at the site of the rebuilt railroad trestle. They vowed quick work on soil cleanup efforts. (Sacramento Bee/Autumn Cruz)

The second of two tracks reopened over the weekend on a new concrete and steel structure, re-establishing UP's main goods distribution line between the California coast and the rest of the country.

Welding will continue for several days before site cleanup starts, UP remediation coordinator Mike Grant said.

Grant said as much as 2 feet of soil will be trucked away, a task that could take two months, depending on soil conditions.

Government monitor Antonia Vorster, however, said she will require UP to test soil even deeper, and test a nearby creek, and may require further cleanup.

"We have no idea yet how the groundwater is impacted," said Vorster of the Central Valley Regional Water Quality Control Board.

Vorster walked throughout the site Tuesday. She said she is pleased with UP's initial plans.

Meanwhile, county park officials said they are talking with UP about creating a temporary bike and running path on a dirt road during site cleanup. UP officials will rebuild the regular trail after cleanup.

Fire officials say they have little to report yet about the cause. Their current focus, they said, is on interviewing witnesses and reconstructing the fire's path.

As thanks for the work of emergency crews, Union Pacific executives on Tuesday donated $20,000 worth of equipment to the two fire districts that teamed on the fire -- the Sacramento Fire Department and the Sacramento Metropolitan Fire District.

UP also gave $4,000 grants to four nearby community associations. - Tony Bizjak, The Sacramento Bee

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RAILROAD CROSSING NEAR SAFECO FIELD MADE SAFER FOR PEDESTRIANS

Photo here:

[seattlepi.nwsource.com]

SEATTLE, WA -- Just in time for Mariners fans to stream toward Safeco Field on Monday for Opening Day, precautions were put in place to keep them safer as they crossed the BNSF Railway Company tracks a few blocks from the ballpark.

On Friday, railroad crews finished installing arms that lower to block pedestrians when trains are coming. Before then, there were only arms to stop cars.

Photo here:

[seattlepi.nwsource.com]

For Garnet Gallinger, the change came two years too late, said Joel Cunningham, a Seattle attorney representing him. Gallinger, 72, was hit by a train while on his way to a Mariners game in 2004 and is suing the city of Seattle, the railroad, the state Transportation Department and the Mariners, alleging that years of inaction put him and many others in danger.

Photo here:

[seattlepi.nwsource.com]

The Northern California man still was able to drive his long-haul truck July 22, 2004. He still was able to garden at his home in Anderson, California, still liked to woodwork in his garage, and he still could finish his sentences, said his wife, Jessie.

But that day in Seattle, having just made a delivery, he headed to see his favorite team, the Oakland Athletics, play the Mariners.

According to a Seattle police accident report, Gallinger walked west on South Royal Brougham Way and came upon the railroad tracks. A northbound train passed, and Gallinger began to cross the tracks. But that train kept him from seeing an approaching southbound train, Cunningham said. It clipped Gallinger and threw him about 30 feet.

The impact fractured his skull, his clavicle and two ribs. He also suffered a brain injury, according to records at Harborview Medical Center.

Though he survived, life has changed, Jessie Gallinger said in a telephone interview. He can't drive anymore, she said.

"He loved trucking. He just liked the whole thing. It's what he's done since he was 16. ... It's hard for him to talk. He knows what he's trying to say. He just can't spit it out. It's frustrating for him."

Gallinger and his wife are suing for unspecified damages, claiming negligence because, before Gallinger stepped onto the tracks, safety improvements at the rail crossing were discussed for years.

But they never got done.

Starting in the late 1990s, the state and the county planned to build a pedestrian bridge at Royal Brougham over the railroad tracks.

The overpass was envisioned as part of the first phase of the state Route 519 project, in which South Atlantic Street -- called Edgar Martinez Way near the ballpark -- would carry traffic over the railroad tracks to Interstates 5 and 90. The project was finished in the fall of 2003, months before Gallinger's accident.

But the overpass became part of the second phase after voters approved the I-695 car tabs initiative in 1999, stripping the county of money to build the roughly $8 million overpass.
Then the second phase was delayed in a "stalemate" among the city, the Mariners, the port and the freight industry, Port of Seattle Commission President John Creighton said.

Under then-Mayor Paul Schell in 1999, a short offramp was planned to carry traffic between I-5 and I-90, over the railroad tracks, to Royal Brougham just west of Occidental Avenue South. However, Mayor Greg Nickels took office in 2002 and opposed placing an offramp carrying heavy truck traffic directly in front of Safeco Field, said Karen Schmidt, executive director of the state's Freight Mobility Strategic Investment Board.

Creighton said port and freight interests, though, still supported the Royal Brougham route.
The stalemate remained until October 2006 when city, state and port officials compromised to build a westbound offramp from the I-5 and I-90 interchange over the railroad tracks to Atlantic Street.

The city took some steps, painting a yellow line and posting police officers on game days. But Cunningham said another step that would have protected Gallinger -- putting in the arms to stop pedestrians -- was not taken until just last week.

According to a letter supplied Monday to the Seattle P-I by Seattle transportation spokesman Gregg Hirakawa, the city planned to install the gate blocking pedestrians at the Royal Brougham crossing in 2002 -- two years before the accident.

The letter from Seattle Transportation Director Grace Crunican to Sound Transit Executive Director Joni Earl outlined an agreement between the city and Sound Transit to improve five crossings. It said Sound Transit was responsible for working with the railroad to design and build the improvements -- including adding arms to block pedestrians at Royal Brougham.

BNSF spokesman Gus Melonas declined to comment on the suit. Melonas said adding the pedestrian arms took five years because they were part of a broader project to resurface Royal Brougham and add three tracks.

And Sound Transit spokesman Bruce Gray said the railroad might have had to redo the pedestrian arms when it made other improvements.

Hirakawa declined to comment on the lawsuit other than to say the city now considers the crossing "relatively safe." Mariners spokeswoman Rebecca Hale also declined comment.

According to the state Utilities and Transportation Commission, three pedestrians and one bicyclist were hit by passing trains at the Royal Brougham crossing since Safeco Field opened, and three of the cases involved a passing train, followed by a second train passing moments later.

Bob Boston, rail compliance specialist for the commission, declined to comment on the lawsuit. But he said "the neglect was on the part of the pedestrians."

According to the police report, two people behind Gallinger saw the second train coming and tried to grab him, but failed. Those on the opposite side of the tracks were "yelling and waving their arms." That might be, Cunningham said, but Gallinger wouldn't have stepped in front of the tracks had there been an overpass or a gate blocking him. - Kery Murakami, The Seattle Post-Intelligencer

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CALIFORNIA LAWMAKER ABOARD AS FRENCH TRAIN SETS SPEED RECORD

SACRAMENTO, CA -- A California lawmaker got a firsthand look Tuesday at the potential of high-speed rail as a double-decker train raced through the French countryside at a record 356 mph.

Assemblywoman Fiona Ma said she was the only American on board when a train operated by the French high-speed rail system surpassed the previous mark for conventional rail of 320.2 mph, which was set in 1990 by another French train. A magnetically levitated Japanese train holds the ultimate speed record of 361 mph.

Ma said the approximately 15 minute-ride was "pretty amazing."

"It felt like we were ready to take off on the runway in a plane," the San Francisco Democrat said in a telephone interview. "That steady acceleration ... feeling and force."

Ma is part of a delegation of a half dozen lawmakers who are in France this week, in part to examine the French high-speed rail system as California considers building a 700-mile system of its own to carry passengers at speeds of more than 200 mph.

Ma said she ended up on the record-setting run after the legislators met Monday with representatives of Alstom, a company that makes trains for the French high-speed rail system, TGV.

She said company officials were "all excited about setting the world speed record" and offered to take a member of the California delegation on the ride. "I kind of chimed up and said it would be great to be on there. ... I jumped at the chance," Ma said.

While she was on the record-setting ride, the other lawmakers - Assembly Speaker Fabian Nunez, D-Los Angeles, and Assemblymen John Laird, D-Santa Cruz, Joe Coto, D-San Jose, Michael Duvall, R-Yorba Linda, and Bob Huff, R-Diamond Bar - had a meeting with the French transportation minister, Ma said.

Ma's experience was probably more memorable.

"It's something that is going to go down in my history book," she said. "How many times does one have an opportunity to do that, to be part of history?"

She said the ride made her even more convinced that California needs to develop high-speed rail, which has been in the planning stages for more than 10 years.

A nearly $10 billion bond measure that would help pay for a high-speed rail line between Los Angeles and the San Francisco area will be on California's 2008 November ballot. Plans also call for links to Sacramento and San Diego.

But a vote on the bond measure has been delayed twice already, and Gov. Arnold Schwarzenegger wants lawmakers to bump it from the 2008 ballot.

Ma said she and other high-speed rail supporters hope to persuade Schwarzenegger to support the 2008 vote and to increase funding in his proposed budget to allow the state's high-speed rail board to do engineering work and begin buying right of way for the bullet trains in the next fiscal year.

"Our highways are congested," Ma said. "We're not going to be able to put more runways at our airports. The only way to move people around efficiently and effectively is a high-speed rail system like we have in Europe."

A spokeswoman for Schwarzenegger, Sabrina Lockhart, said the Republican governor has other priorities for state bonds, including prisons and flood control, but is willing to consider other ways to pay for high-speed rail, such as private financing.

"The governor understands the state has limited ability to borrow money at this time," she said.

As far as boosting his budget proposals for the 2007-08 fiscal year for high-speed rail, Lockhart said the governor was "always willing to work with the Legislature to achieve budget solutions." - Steve Lawrence, The Sacramento Bee, courtesy Coleman Randall, Jr

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TRAINS OPEN TO ATTACK, ACTIVISTS CONTEND

RENO, NV -- Supporters of a bill designed to increase railroad security in Nevada painted a disastrous scenario of what terrorists could do to Reno, Sparks and Las Vegas on Tuesday at the Legislature.

Assemblyman Bernie Anderson, D-Sparks, the son of a former railroader, said he shuddered to think what could happen if a chemical explosion occurred in the rail yards in Sparks, about 100 yards away from John Ascuaga's Nugget Casino Resort.

"It is just a target waiting to happen," said Anderson, who grew up near the Sparks rail yards. "If this happened in my community, we would lose a sizable part of the downtown area, three or four of the major economic centers."

Assembly Bill 340, sponsored by Anderson, would force railroad operators to inform state agencies of dangerous chemicals and compounds that move through the state and require railroad yards and other installations to develop and submit security plans to state agencies.

The bill also would require background checks for railroad employees and subcontractors and demand that remote locomotive devices be secured when not in use.

The bill was heard for the first time at the Legislature just days after a report published in the Reno Gazette-Journal told of U.S Department of Energy plans to transport up to 4,500 casks of high-level nuclear waste through downtown Reno and Sparks every week for the next 24 years.

The plan is part of the DOE strategy to build a rail line to the Yucca Mountain nuclear-waste repository just north of Las Vegas, Nevada officials said.

The Union Pacific Railroad, the only major railroad with yards in Nevada, often stores and transports dangerous substances such as chlorine and propane gas in the state, bill supporters told the Assembly Transportation Committee. With the current state of shoddy security, terrorists could easily sneak into a railroad yard in Sparks or Las Vegas and cause tankers, storage units -- or both -- to explode, they said.

If enough tankers exploded, the blast could rival that of the Hiroshima atomic bomb that helped end World War II, said Joe Carter of the Brotherhood of Locomotive Engineers. An explosion of one tanker of chlorine gas could lead to horrific results, Carter said.

"Given the level of security today in the state of Nevada, it would be child's play to explode one of these (chlorine) tank cars, which is approximately 15,000 gallons," Carter said. "And, depending on the population density and weather conditions, thousands could die before evacuation could be accomplished."

The state rail system is easy prey for terrorists, Carter said.

Carter and Anderson's concerns about railroad safety are overplayed, said Scott Hinckley, general director of safety and security for Union Pacific Railroad.

"Union Pacific takes security very seriously," Hinckley said. "I've been sitting here and listening to this -- and consider that I spend almost all of my time in security, and others don't -- and there are a lot of misconceptions and misunderstandings of what is taking place."

The bill singles out Union Pacific for terrorism breakdowns but does not address issues with other methods of transportation, Hinckley said.

"Our disagreement with the bill deals with the fact that people are not aware," Hinckley said. "What we think we need to do is draft the ability of handling terrorist issues by gathering all the people to the table and not just the railroads."

Union Pacific also sponsors training programs, which many Nevada firefighters have attended, to help them train for chemical explosions, Hinckley said.

Some members of the committee were not comforted by Hinckley's assessment.

"It is one of those situations that, when you start peeling back the onion, you get more and more uncomfortable as you go," Assemblyman David Bobzien, D-Reno, said. "I'm not convinced that enough is happening on this very important security issue."

"You come down to the Legislature thinking that you know of all the big issues, and then somebody drops this in your lap and you say, 'Man, this is big problem'."

The committee will review the bill at a future meeting, he said. - Ray Hagar, The Reno Gazette-Journal

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PLAYING ON RAILROAD TRACKS A LOSING GAME

FRANKLIN COUNTY, IL -- A "high priority" train was stopped for more than an hour Monday night while Franklin County sheriff's deputies cleared the railroad tracks of a group of people.

Sheriff Bill Wilson said deputies responded to the railroad tracks just west of Zeigler after receiving a report of a group of people on a railroad trestle. The deputies were advised by Union Pacific railroad company that a "high priority" train was forced to stop because of the gathering.

The term "high priority" is given to trains that must reach a destination on time. The trains could be carrying items such as coal, fresh fruit or other perishables, said Gene Hinkle, UP spokesman.

Wilson said when deputies arrived, they found eight people, ranging in age from 16 to 40, standing on or near the tracks.

Wilson said the group told deputies two juveniles had been playing chicken with the train prior to their arrival.

The group was escorted off the property and warned about trespassing on railroad property. The information, Wilson said, has been forwarded to the state's attorney's office.

Wilson said similar complaints have been registered by UP officials regarding people on or near the tracks at that same site, especially trespassers riding four-wheelers. He warned that trespassing charges will be filed against anyone caught in that area or other railroad property.

"People should not be playing around the railroad track - I can't stress that enough," Hinkle said. "It is very dangerous. If you lose that game, you are going to lose a lot." - Becky Malkovich, The Southern Illinoisan (Carbondale, IL)

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THE MYTH OF THE GREAT RAILROAD MEETUP

On a recent ski vacation in Utah, my daughter and I took a breather from the slopes one day to do some exploring. We decided to take our excursion to a place in American history, Promontory Summit, Utah.

Promontory is not a place you just happen to run across. Located northwest of Salt Lake City and north of the Great Salt Lake, Promontory is literally in no-man's-land of the western plains. This isolated spot on the map is the place where the railroads of the Central Pacific and the Union Pacific met completing the transcontinental rail line.

Photo here: [mises.org]

Caption reads: The last rail is laid.

What was to be a walk through American history trivia for my daughter and me, turned out to be an economic lesson in the absurdity of government subsidies.

After perusing the railroad artifacts inside the Promontory museum and taking the obligatory picture of the spot on the rail line where the Golden Spike was driven, we set out approximately three or four miles east to a spot where our self-guided walking tour would start. The Big Fill Trail allows you to walk along a mile and a half of railroad grade that was created by both the Central Pacific moving east from Sacramento and the Union Pacific moving west from Omaha.

It has been well noted in history that these two railroads were given land grants, low interest-rate loans, and direct subsidies by the federal government. The subsidies were graduated according to the difficulty of the terrain being traversed with $16,000 paid for construction over an easy grade and up to $48,000 for grades in the mountains. Additionally, changes to the Pacific Railroad Act allowed payment of subsidies for grading which could extend as far as 300 miles ahead of the tracks being laid.

At the second stop on the trail, the perverseness caused by the subsidies was in full view. At that moment we were standing on the grade built by the Central Pacific and there less than fifty yards below was the grade built by the Union Pacific. The grades did not meet but ran parallel to each other and had continued that way for 250 miles - almost a year's work. It was also noted in the guidebook that the work camps for the two groups were literally separated by a hillside.

It was now apparent to my daughter, laughing out loud, that these two railroads had no intention of meeting. The purpose of grading and laying tracks was not to meet the demand for transcontinental passenger service, but simply to collect, risk-free of any market forces, the federal subsidies. Any doubt about this conclusion would be quickly erased up ahead at the tour stop overlooking Spring Creek Ravine.

The Central Pacific constructed a "big fill" of earth to span their portion of the ravine so track could be laid safely upon the ground. Below the "big fill" the Union Pacific spared neither time nor safety by constructing a rickety-wooden trestle across the gulch. The trestle, which was 85 feet high and 400 feet long, was so flimsily built that one reporter suggested, "It will shake the nerves of the stoutest hearts of railroad travelers when they see what a few feet of round timbers and seven-inch spikes are expected to uphold - a train in motion."

Of course the trestle was not meant to uphold a passenger train; it was built to transfer the money from Washington to the coffers of the Union Pacific Railroad. It also became clear that the treacherous route taken by the Central Pacific blasting through the Sierra Nevada Mountains was more of a matter of financial begging than passenger convenience.

Eventually the powers in Washington DC realized what was taking place and ordered the two railroads to link up at Promontory Summit which was ceremoniously achieved on May 10, 1869. What happened next is almost totally absent from our history texts. Because of the poor manner in which the rail lines were laid, work began almost immediately to reconstruct the entire project.
Three years after the celebrated meeting at Promontory Summit the Union Pacific Railroad was bankrupt.

Here we are 138 years later with many people still believing in the economic virtues of subsidies from farm programs to energy development. It makes me smile to know that there is at least now one fifteen-year-old girl, with the image of parallel grades in her mind, who sees the fallacy of it all. - Commentary, Mark Pribonic, The Ludwig von Mises Institute (Auburn, AL)

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THE BALANCING ACT

PIERRE, SD -- Although some local residents recently have been critical of Mayor Dennis Eisnach's dealings with Dakota, Minnesota & Eastern Railroad, he said he is doing the best he can.

The railroad is trying to land private funding for a project that could mean 34 trains going through town every day, and they already have the necessary environmental and safety permits to go ahead with plans, said Kevin Schieffer, DM&E president and CEO.

"There are only certain things that you could have done to have any impact on that and we explored all of our options," Eisnach said. "I don't know what more you could do. I'm as frustrated as everybody else."

Eisnach met with some local residents in mid-March who were not satisfied by his responses to the issue.

"We had a meeting recently with Mayor Eisnach, who I though I knew, but his demeanor and the spiel he gave us was that he'll agree with anything because he's retiring soon and he will take the road of least resistance," said Pat Arch-Jacobs in a letter to the editor published in the Capital Journal on March 20.

She and others are forming an ad-hoc committee to fight the project. Their first meeting is this week, but it is not open to the public.

At a recent meeting of residents at the Kings Inn about the possible project, some suggested that Pierre should opt out of their Community Partnership Agreement with DM&E, which was approved by the city commission about a year ago. Under the agreement, Pierre gets $10 million from DM&E for a bypass, and funding for grade crossings while agreeing to support the project.

"The only thing that DM&E gets out of it is that part of the community agreement said that we would not do anything that would oppose their application to the federal government," Eisnach said. "As a matter of fact, I would suspect that DM&E would welcome us getting out of it because it would be less money for them."

Schieffer said DM&E has such agreements with 54 of the 56 communities that would be affected by the additional trains.

"In the scheme of a $6 billion project, a few million dollars isn't going to make it or break it one way or the other," Schieffer said. "We agreed to spend it to develop goodwill and if the agreement isn't developing goodwill it's crazy to spend it, so I'd just as soon, that if folks don't like the agreement, I think it's crazy to keep it because it's costing us money."

Although it is too late for the voters to appeal the agreement, the city can opt out at any time even though DM&E cannot.

The railroad recently was denied a $2.3 billion loan by the Federal Rail Administration, which would have partially funded its $6 billion planned expansion project. The FRA cited poor credit as the main reason for the denial, but Schieffer said the company will seek private funding. DM&E wants to build 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 involve building about 280 miles of new track and upgrading 600 miles of existing track so trains could haul coal for power plants.

"We just don't want them coming through here with those coal trucks - right through the heart of Pierre," Arch-Jacobs said. "And I think the only way we can stop them is to prevent anybody from loaning them the money, and with their safety record I don't see how anyone would jump in there and loan them much money."

Eisnach said he knows the trains are going to be problematic, but the community partnership agreement will be at least somewhat beneficial for Pierre.

"We could have stuck our head in the sand and not done anything and then when the trains come through we wouldn't have had any of this done," Eisnach said. - Crystal Lindell, The Pierre Capital Journal

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TRAIN SITE HAS HISTORY OF CRASHES IN GILBERT

GILBERT, AZ -- A Union Pacific Railroad crossing on a private road where a man crashed his car on Monday has a history of collisions, police said Tuesday.

Gilbert Sgt. Andrew Duncan said a handful of crashes have occurred over the past decade at the intersection near Baseline and McQueen roads, although exact numbers were not immediately available.

"It's very concerning to us at the Police Department," Duncan said. "We have worked with Union Pacific and others as far as what we can do as police to mitigate the dangers regarding railroad crossings such as private ones."

Edward Gilliam, 48, of Mesa, broke his leg and suffered a concussion Monday after colliding with a train a little before 15:00 hours. The cause of the crash is still under investigation.

"I see people fly over the tracks all day long," said Jerod Hoover, who works at the nearby Motor Pro shop for recycled car parts.

Hoover said he knows of three collisions at the crossing over the past three years.

"See that telephone pole?" he said, pointing next to the tracks. "It's crooked from getting hit in the last crash."

The tracks cross a paved, unnamed road where a stop sign is posted with another sign below alerting drivers to a "private crossing."

There are no lights and no crossing arms. The only traffic passing through the area comes from drivers accessing local businesses and a nearby junkyard.

Private roads are controlled by the property owners and not maintained like a public road, said Union Pacific spokesman Joe Arbona. However, authorities often work with the owners to ensure the areas are safe.

Arbona said that half of all train collisions in the country occur at intersections where lights and crossing arms are present.

But Duncan said he is always on the lookout for any kind of unsafe intersection.

Duncan said about eight to 10 years ago, the town worked with property owners to close a particularly dangerous railroad crossing in the area of Neely Street just south of Guadalupe Road near Neely Traditional Academy.

"It was more unsafe than anything we'd ever seen," Duncan said.

The crossing was over a canal and had a sharp curve that prevented clear view of an oncoming train.

"For the most part, when it comes to private crossings, those are handled with special agreements with the landowners," Arbona said. "Sometimes we'll close it or consolidate it, but it gets to be complicated." - Katie McDevitt, The East Valley Tribune

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MEATH AMONG MANY PULLMAN MONIKERS

GALESBURG, IL -- For years, visitors to the Pullman car at Seminary and Mulberry streets may have seen the word "Meath" on the side and wondered what it meant.

BNSF Railway engineer William Franckey, who watched Tuesday as the Pullman car was moved to the area near the present Galesburg Railroad Museum, did some research, adding to the knowledge he already has from his many years working for the railroad. He said the Meath was "a classic 12 and 1, containing 12 sections, each having upper and lower berths and one drawing room. The dean of the heavyweight steel cars, 12 and 1 made up 4,000 of the 10,000 cars in the Pullman fleet, for which the peak year was 1931."

Franckey said the Pullman car in Galesburg was built between December 1920 and January 1921.

"Through the 1920s and '30s, Pullmans were named after lakes, saints, clans and points,"
Franckey said. "Each prefix or suffix denoted a different type of car plan. A Cape Meath would indicate the car had 10 sections, one drawing room and two compartments, yet a Point Meath would indicate a car with 10 sections and two drawing rooms."

Franckey said cars like the Meath "operated throughout North America offering the public comfort and safety. These cars were used on almost all overnight runs." - John R. Pulliam, The Galesburg Register-Mail

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FIGHTING FOR THE DM&E

YANKTON, SD -- After spending millions of dollars on attorneys, public relation firms, ads, lobbyists, and former politicians like Tom Daschle, Bill Janklow and Walter Mondale, opponents of the DM&E Railroad think they have a victory in denying a federal loan to the DM&E, but they failed to kill the project. As disappointing as the Federal Railroad Administration's decision is, South Dakotans should be thankful the project is moving forward.

These out-of-state special interests unfairly attacked Sen. John Thune for his work to improve railroads across America. Thune deserves praise for sticking his neck out for South Dakota's interest on this issue. Thune's legislation recognized the desperate need for rail competition and investment in our congested transportation network. These improvements will lead to better rail safety, reliability and capacity to ship ethanol to gas pumps across the U.S. Farmers can also decrease the cost of shipping, which would save taxpayers millions of dollars from a decreased dependence on federal farm program payments.

All of this is good for Rural America and our main streets across South Dakota. Thankfully, the South Dakota delegation recognizes the DM&E's benefits and continues to support the railroad. - Letter to the Editor, Kathy Guthmiller, Menno, SD, The Yankton Press & Dakotan

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DERAILMENT SNARLS TRAFFIC

ABERDEEN, SD -- A BNSF Railway Company train derailed in Aberdeen, South Dakota on Tuesday afternoon, forcing authorities to reroute traffic around Sixth Avenue.

Gus Melonas, public affairs director for BNSF, said the train, which was carrying 104 loads of grain, was traveling from Mellette to Chicago. The two locomotives derailed at South Fourth Street and First Avenue about 16:30 hours, blocking traffic to the west side of Aberdeen.

Although the locomotives stayed upright, a crane had to be brought in from Fargo, ND, to put them back on the track. Melonas also said the track would need to be repaired.

Much of the traffic was rerouted to Melgaard Road or the U.S. Highway 281 bypass, the only two open roads, Capt. Dave McNeil of the Aberdeen Police Department said. Barricades were also set up at major intersections to alert motorists of the derailment.

The police department also called in extra patrols to aid in traffic control, McNeil said. A few minor accidents from traffic being backed up were also reported.

Authorities expected the roads to be opened by 22:00 hours, McNeil said. An engine was being brought in from Wolsey. Railroad employees planned to hook the cars to the engine and take them south.

Melonas said the train was traveling less than 5 mph when it derailed. Nobody was injured, and no grain spilled. The cause of the derailment is still being investigated, he said. - Emily Arthur, The Aberdeen American News

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COAL TRAIN DERAILS, SENDING LOCOMOTIVE INTO THE COAL RIVER IN WEST VIRGINIA

ST. ALBANS, WV -- A boulder the size of a city bus is blamed for a train derailment Wednesday that left a locomotive partially submerged in the Coal River near St. Albans, West Virginia.

No injuries were reported in the 05:15 accident, but diesel fuel leaked into the water and 10 train cars, plus a second locomotive, were completely off track.

A mudslide caused the rock to fall on the edge of the track and the CSX coal train couldn't stop in time, said Lakewood Volunteer Fire Capt. Bill Price.

Price said both the engineer and conductor escaped unharmed.

The mudslide likely occurred minutes before the train came through, according to Price, because another train passed unimpeded along the track shortly before the accident.

Department of Environmental Protection spokeswoman Jessica Greathouse said the St. Albans water treatment plant was ordered to shut down its intakes to keep contaminated water out of the water system.

Deputy Mayor Helen Warren said the city doesn't anticipate having to ask residents to conserve water. If there is a shortage, she said, West Virginia American Water has agreed to help.

Customers shouldn't notice a difference, she said.

It's not clear how much diesel spilled, but Warren was informed that it was likely between 500 and 1,000 gallons.

Dave Erwin, the Emergency Operations Center coordinator, said he was told it was a minimal amount.

A fully loaded locomotive carries about 10,000 gallons of fuel.

DEP workers were at the scene Wednesday morning along with CSX employees, trying to determine the extent of the spill.

The train derailed in a hilly area near a bend in the river, not far from about a dozen homes and several small farms.

Erwin said all railroad crossings along Smith Creek in that area were blocked as were Ferrell Road and Jo Ann Lane.

CSX spokesman Bob Sullivan said the 149-car train was hauling coal from a Boone County mine to Newport News, VA. - The Associated Press, The Huntington Herald-Dispatch

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TRANSIT NEWS

INDIANA KICKS IN $3 MILLION FOR SOUTH SHORE CARS

The South Shore commuter railroad has rounded up the last money needed to purchase 14 double-decker rail cars.

The Indiana Department of Transportation will kick in $3 million for the $48 million purchase, Gov. Mitch Daniels announced Tuesday.

"Mass transit will play a large role in Indiana's future, and the South Shore's recent growth shows its potential," Daniels said.

The governor has been under pressure from House Democrats to increase spending on mass transit. Democrats say the governor has been too focused on building more roads and has not given adequate consideration to alternatives.

The 14 cars will help the South Shore meet its goal of being able to handle 20,000 daily riders on a regular basis, according to Gerald Hanas, South Shore general manager. The railroad currently carries about 14,000 riders on weekdays.

"This is the final piece of the financial puzzle, so it's extremely good news for us," Hanas said of the INDOT grant. "We're pleased the governor and Department of Transportation recognize commuter rail is an important part of the mix here in Northwest Indiana."

The Northwest Indiana Regional Development Authority is kicking in $17.5 million for the rail cars. The Northern Indiana Commuter Transportation District, the South Shore's operator, will borrow up to $33 million to pay for the cars.

Some of the funds will go to create a debt reserve of $6 million.

"The South Shore railroad is an important engine for economic development in Northwest Indiana," said Tim Sanders, RDA executive director. "The new rail cars are much needed to help relieve overcrowding on the South Shore."

South Shore ridership increased to 4.2 million last year, which was its highest ridership in 50 years.

The 14 new cars should be delivered in late 2008 and in service by early 2009.

The double-decker cars are being purchased from Sumitomo Corp. of America and Nippon Sharyo Ltd., of Japan. The car bodies will be manufactured in Japan and final assembly will be done at Super Steel's plant in Milwaukee. - Keith Benman, The Northwest Indiana Times (Munster, IN)

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SCOTTSDALE WEIGHTS ROLE IN NEW EAST VALLEY LIGHT-RAIL PLAN

SCOTTSDALE, AZ -- Embroiled in heated light-rail discussions in recent months, Scottsdale, Arizona will soon have to decide whether to seek participation in a Valley Metro Rail study to analyze a potential city route.

Mary O'Connor, Transportation general manager, said she did not have a lot of details about how much the study would cost Scottsdale or how it could benefit the city, but she is gathering that information for the City Council.

Like with the light-rail possibility itself, council members are divided on the study, with some liking the idea of participating and some opposed.

"If we don't see if we can be included in that, that's a big door slamming shut," said Councilwoman Betty Drake, who has not ruled out supporting light rail. "The possibility of studying the Tempe connection isn't something we should overlook."

Councilman Bob Littlefield, a light-rail opponent, had a contrary opinion.

"If we said 'let's do a study,' guess what it's going to say?" Littlefield said. "Why would I want to encourage them to study something that's a bad idea?"

Other council members were less committal, saying they wanted to know more about the study and its cost to the city.

"The council probably needs to have a discussion about whether we want to be a part of that study," Mayor Mary Manross said.

The study, which is also going to examine buses and other transit options, is expected to start this summer and take between 18 and 24 months to complete, Marty McNeil, a Valley Metro Rail spokeswoman, said. The cost has yet to be determined.

The study area includes Rural Road from University Drive to Southern Avenue, a funded two-mile extension off the initial $1.4 billion, 20-mile segment of light rail through Phoenix, Tempe and Mesa that's scheduled to open in December 2008. However, officials say the study could also be expanded along Rural Road or a parallel road from north Tempe south to Chandler Boulevard in Chandler. If Scottsdale chooses to seek participation, the study could look at light rail and other transportation options along Scottsdale Road.

But at this time, that is not in the cards. McNeil said Valley Metro Rail plans to follow the regional transportation plan, which does not include Scottsdale.

"There's absolutely no question the decision (to include Scottsdale) has to begin with Scottsdale," McNeil said.

Although no Scottsdale council member has endorsed light rail, a majority has not ruled out the possibility of running it along Scottsdale Road to SkySong at McDowell Road or to, but not through, downtown.

The council is awaiting the recommendation from the city's $1.1 million master transportation plan update, which is separate from the new Valley Metro Rail study and is expected to be presented later this year. In addition, the council has agreed in principle that it will call an election to decide the fate of light rail or streetcar, the two fixed-rail options being studied in the transportation plan.

The Scottsdale Area Chamber of Commerce endorsed light rail or streetcar and promised to be involved in a possible election. The Scottsdale Citizens Transportation Study Committee, made up of anti-rail activists, residents and downtown business owners, and the Scottsdale Area Association of Realtors, have been critical of light rail.

Rick Kidder, president of the Scottsdale Area Chamber of Commerce, is not sure the council would be willing to participate in the Valley Metro Rail study.

"The question at the moment is whether or not there's the political will to do so," Kidder said. "It's important to develop that political will, but I'm not sure if it is here yet." - Brian Powell, The East Valley Tribune

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LIGHT RAIL CONSTRUCTION IS A TANGLE OF TROUBLE IN RAINIER VALLEY

SEATTLE, WA -- Light rail is meant to bring redevelopment and prosperity to Seattle's Rainier Valley, but three years of construction has nearly ruined a small hair salon along the route.

Photos here:

[seattletimes.nwsource.com]

Visions of Beauty has lost more than half its customers, predominantly African-American, since Sound Transit work crews arrived on Martin Luther King Jr. Way South (MLK) in 2004, according to owner Jessie Jones. She has cut hair there for 22 years.

Closed lanes and torn-up pavement have made her clients think twice about trying to get there.
For a business already reeling from a decline in the neighborhood's black population, construction is making the challenge even tougher.

The shop used to open five days a week. Now, Jones cuts hair two days and works a second job. If the mortgage wasn't already paid off, Jones said, the salon would have folded.

She is among many valley merchants surviving through their own willpower, with some government aid tossed in as partial compensation for the loss of business.

Street work on this four-mile stretch should have been done by now, but it's a year behind the original schedule. The entire 16-mile, $2.7 billion line from downtown to Seattle-Tacoma International Airport is expected to open by late 2009.

Of 286 businesses along MLK when the job started, 32 have closed, 12 of which specifically attributed their closures to light-rail construction, according to the Rainier Valley Community Development Fund, created to help offset the impacts. Eighteen more moved to other neighborhoods.

For now, Visions of Beauty, at 6753 Martin Luther King Jr. Way S., is hanging on.

A painting on the front window, by Jones, shows a woman's hair being straightened. The music of Marvin Gaye, Gladys Knight and the O'Jays is played from time to time.

Not all that long ago, kids from the nearby housing project dropped by for $6 haircuts. But Holly Park has been demolished and replaced by NewHolly, where some homes sell for up to $450,000. Many of the African-American families who stopped by to have their hair cut, twisted, relaxed or curled have moved away, she says.

The toughest time, Jones said, came in January, when workers arrived without notice and tore up a sidewalk and replaced utility wires outside her shop door, she said.

"After all this is over you may have a nice light rail, but I will be another BLACK BUSINESS out in the cold," she wrote to government officials. Lately, rain water is puddling near the entrance because of drainage problems caused by the construction, she said.

To survive, she said she must "upscale" her salon, in an effort to entice new customers, including whites and Asians. She may repaint the brick-colored interior in bright white and maroon, replace the lighting and advertise more.

80 percent completed

After delays caused by contaminated soils, tricky utility relocations, a regional concrete strike and overly optimistic schedules, the paving along MLK Way as part of the rail project is 80 percent completed.

"There has been a recommitted zeal on the project; Sound Transit and the contractor deserve credit," says Jaime Garcia, the Community Development Fund director. But as crews recently poured up to a quarter-mile of concrete a day, an increase in lane closures caused a tough first quarter for the merchants.

The good news is paving will be done in May, said Dave Mazzo, project manager for contractor Parsons. Track installation will continue in the median, causing slowdowns.

In response to past delays, the community fund increased its limit on "business interruption" grants to $50,000 from $30,000. The fund has paid a total $9.3 million to 157 businesses. Of those getting aid, only five folded, but 59 already maxed out their eligibility.

Unless they can make a quick economic recovery, some are expected to go broke.

Sound Transit officials point out that 31 businesses have opened along MLK since July 2003, a year before heavy construction started. Seven later asked for aid, but were ineligible.
Jones, who has received about $11,700 in grants so far, places her shop's odds of survival at 50-50.

Summer bounce

On a damp Sunday afternoon, Jones' son, Andrew Love, is meticulously giving a friend a super-short haircut. Andrew's daughter, 3-year-old Layla, sleeps on the chairs where he used to nap as a kid. Layla's two brothers swivel on the salon chairs.

Growing up, Andrew wanted nothing to do with the business. Then last year, when he was a recreation supervisor for the Salvation Army at White Center, he started cutting boys' hair for free. Their smiles gave him instant happiness, he said, so he enrolled in beauty college.

He aspires to run the salon, remove some clutter in back and appreciate the follicular diversity coming his way.

"For us, it's just a matter to keep with it, to keep the lights on," he said. "I think things will get better, after light rail is finished."

A summer bounce back is critical for small businesses along the rail line, Garcia said. After all the hard work, he said, it would be sad to see a rash of business failures in the end.

Garcia urges visitors to drive the smooth new road, watch rails being installed and discover unique, ethnic shops.

"The table is kind of set, and we need people to come back and shop in the Rainier Valley." - Mike Lindblom, The Seattle Times

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