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Railroad Newsline for Wednesday, May 23, 2007

Compiled by Larry W. Grant

In Memory of Rob Carlson, 1952 – 2006

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RAIL NEWS

RAILROAD APOLOGIZES FOR STARTING WORK WITHOUT OK FROM REGULATORS

PHOENIX, AZ -- Its expansion plans in Arizona already under a regulatory spotlight, Union Pacific jumped the gun on the first of dozens of road crossings that it plans rebuild to accommodate the addition of a second track to the railroad's main line across southern Arizona.

Union Pacific's rebuilding of a crossing in Bowie without getting required Arizona Corporation Commission approval drew criticism from a commission member and prompted the railroad to apologize.

"This is a mistake that we don't intend to repeat," Union Pacific spokesman James Barnes said Tuesday.

Commissioner Kris Mayes said she was astounded that Union Pacific rebuilt the crossing without permission after commissioners made it clear a month ago that they intended to scrutinize all of the crossing projects to see whether Union Pacific should be required to make costly changes for safety reasons.

"Apart from the apparent violation of the law, the issue is whether or not the commission would have wanted to have Union Pacific build an underpass or an overpass or the cheaper lights and gates," Mayes said. "I don't know, because we didn't have an opportunity to analyze it. We didn't have a hearing or a vote because UP just proceeded to do it."

Barnes said it was a mistake that the work was done without authorization.
"The work got ahead of the paperwork," Barnes said from the railroad's headquarters in Omaha, Nebraska. "This was not something that we had intentionally set out to do and we are striving to go back and correct this mistake and seek the appropriate approval."

Barnes said the railroad's subsequent communications to the commission amounted to an apology. "As a precautionary measure, no freight trains will be allowed through the crossing on the new track until we have permission from the commission," he added.

Mayes said an apology wasn't enough.

Union Pacific's action smacks of "a sense of arrogance," she said. "It's sort of symbolic and I think they need to take a step back and reflect on the way they're going about building this new track."

Mayes said it's possible that the commission could impose monetary sanctions on Union Pacific and even order it to tear up the work it did at the Bowie crossing if the regulators determine that a different approach is warranted.

Union Pacific plans to modify road crossings along the Arizona portion of its "Sunset Route" between Los Angeles and El Paso, Texas, as part of an expansion project to allow more trains to use the route increasingly crowded with trains serving California ports.

Mayes and several other commissioners suggested last month that Union Pacific wasn't taking Arizona's rapid population growth and safety concerns into account and that some of the lights-and-gates grade crossings should be converted into overpasses or underpasses as part of the project.
Union Pacific says it plans to spend $18.4 million rebuilding the 50 crossings and on related work, an average of $368,000 apiece. A railroad official said in April that underpasses or overpasses can cost $10 million to $30 million each. - The Associated Press, The Tucson Citizen

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CREATING A GREEN LOCOMOTIVE: A UNION PACIFIC EMPLOYEE'S VISION TRANSFORMS THE WAY LOCOMOTIVES ARE POWERED

OMAHA, NE -- From its very beginnings, the key to a locomotive’s power has been its ability to convert fuel into motion. During the 19th and early 20th centuries, locomotives harnessed steam to move trains. Almost anything that would burn was used to fuel a fire under a water-filled boiler that created the steam.

In the early 1930s, electricity began replacing steam. Locomotives became electric power generators producing electricity to drive motors attached to axles and wheels. Diesel became the fuel of choice to power the on-board engine that helped generate the electricity.

In 2002, Union Pacific’s Mike Iden, general director of car and locomotive engineering, thought it was time to take locomotive technology to the next level. Since many locomotives do not require maximum horsepower (1,200- to 2,100-horsepower for switch or yard locomotives and 4,000-to-6,000-horsepower for long-haul road locomotives) all the time, Iden investigated the development of a switching locomotive that would use modern off-road diesel engines. Modern off-road diesel engines would be capable of providing the lower power required by typical switching locomotives while reducing fuel consumption and, most importantly, exhaust emissions. Instead of having one large conventional locomotive diesel engine operating at various speeds, only one of which was most fuel efficient, why not use multiple smaller diesel engines, running in combinations of 1, 2 or 3 engines, to produce the required horsepower levels?

"My vision was to package the diesel engine, electrical generator and even the cooling system radiator in one compact, easily replaced module called a generator set or 'genset,'" Iden said.

He began work to find out if several gensets could be assembled together on one locomotive platform to produce the same power as one older conventional diesel locomotive engine. Mass-produced locomotives with multiple diesel engines had previously been manufactured in the United States, but never using the design concept of multiple, modular, easily replaceable gensets. The only exception was an experimental high-speed passenger locomotive built with modular diesel-generator sets in 1941; it was never sold nor were any other such locomotives built.

Iden started discussions about genset switchers with a small Illinois-based locomotive remanufacturing company, National Railway Equipment, and spent more than a year refining the concept and making preliminary plans for a prototype called the "Genset switcher."

In 2004, Union Pacific authorized construction of a prototype low-emission Genset locomotive. No manufacturer offered such a locomotive, and many doubted the feasibility or need for such a switching locomotive.

Undaunted, Iden moved forward and a prototype 1400-horsepower Genset was built for UP during 2005 and tested in Illinois and California. The prototype is powered by two generator sets, each with a 700-horsepower, ultra low-emissions off-road Cummins diesel engine that reduce nitrous oxide and particulate emissions by up to 80-90 percent, while using as much as 16 percent less fuel compared to other low-horsepower locomotives. The 16 percent less diesel fuel usage also translates into a minimum 16 percent reduction in greenhouse gases.

The entire Genset locomotive and each of its two generator sets are computer controlled. One generator set is initially used when starting the locomotive. As the locomotive engineer goes to increasingly higher throttle settings, the second genset engine is quickly started and begins providing power. When that power demand is no longer needed, the second unit automatically shuts down. The prototype Genset locomotive also was equipped with Automatic Engine Stop Start (AESS) technology that shuts down the locomotive when it is not in use. Most importantly, emissions tests on the prototype found that the 80-90 percent reduction in exhaust emissions was practical and could be achieved.

Though still being evaluated in early 2006, the prototype Genset locomotive worked well enough for UP to move beyond the prototype stage.

In February 2006, Union Pacific expanded its use of Genset technology by ordering 60 bigger-and-more powerful production versions from National Railway Equipment – all for use in UP’s Los Angeles Basin rail yards. Each new Genset locomotive is powered by three 700-horsepower ultra low-emissions U. S. Environmental Protection Agency (EPA) non-road Tier 3-certified 6-cylinder Cummins diesel engines. All 60 of the Gensets bound for Los Angeles are expected to be delivered and working by July 2007.

Also in early 2006, Union Pacific ordered 98 2,000-horsepower Genset switching locomotives from Railpower Technologies. Each is powered by three generator sets with EPA Tier 3-certified 8-cylinder Deutz diesel engines. All 98 are being assigned to Union Pacific rail yards in Texas.

Genset locomotives are just one of the technologies Union Pacific is pioneering to help reduce locomotive emissions. By the end of 2007 Union Pacific will have invested more than $5 billion to purchase new, environmentally friendly locomotives, and will have invested millions of dollars to test technologies that reduce emissions from older locomotives. - Mark Davis, James Barnes and Gene Hinkle, UP News Release

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AUTOMOTIVE AND AVIATION ENGINEERS RECOGNIZE UNION PACIFIC FOR CREATING ENVIRONMENTALLY FRIENDLY LOCOMOTIVE

Photos here:

[www.uprr.com]

[www.uprr.com]

OMAHA, NE -- The Society of Automotive Engineers (SAE) has recognized Union Pacific for pioneering the development of a new type of rail yard locomotive that significantly reduces emissions and fuel consumption. The railroad’s ultra-low-emitting Generator-Set, or Genset, switcher locomotive technology has received SAE International’s Environmental Excellence in Transportation (E2T) award in the mobility and engine emissions category. SAE is a worldwide standards-setting organization devoted to mobility engineering in the automotive, aerospace, aviation and off-road industries.

"It is truly an honor to be recognized by such a prestigious organization that shares our deep-rooted concern about the environment," said Bob Grimaila, vice president-Environment and Safety for Union Pacific. "We are committed to preserving our environment, and as part of that commitment are actively developing and purchasing new technologies to improve air quality and conserve fuel."

Union Pacific began planning for a prototype Genset switcher locomotive in 2002; that prototype was delivered to UP in December 2005. In January 2007, the railroad received the first of 60 production Genset locomotives that will operate in the Los Angeles Basin. The new 2,100-horsepower locomotives are powered by three 700-horsepower ultra-low emissions U.S.
Environmental Protection Agency (EPA) non-road Tier 3-certified diesel engines that reduce emissions of nitrogen oxides by 80 percent, particulate matter by 90 percent, while using as much as 16 percent less fuel compared to current low-horsepower locomotives. The fuel savings of a Genset switcher also translate into at least 16 percent fewer greenhouse gas emissions.

By the end of 2007, the railroad expects to have 159 Genset switcher locomotives in operation, 61 in the Los Angeles area and 98 across the state of Texas.

Union Pacific’s Genset yard locomotives have received California Air Resources Board (CARB) recognition as Ultra-Low Emitting Locomotives (ULEL), in addition to exceeding the EPA’s stringent Locomotive Tier 2 standards. These ULELs are a direct result of Union Pacific’s efforts to encourage development of ever-cleaner technology by its locomotive suppliers. The ultra-low emissions of these locomotives will help Union Pacific meet its commitment to CARB to reduce its fleet average nitrous oxide emissions inside the South Coast Nonattainment Area by 2010.

SAE International’s E2T awards, established in 2000, recognize individuals, or groups of individuals, who through their ingenuity and dedication make significant innovations in reducing the environmental impact of the transportation industry. These innovative achievements may occur in motorized vehicle fuels, alternative propulsion methods, fuel usage, materials, energy usage, manufacturing methods, logistics support, as well as in education, training and improving public awareness. The key criteria for recognition are innovation, originality, demonstrated significant favorable impact on the environment and improvement over any existing technologies, methods and public acceptance.

Last year’s E2T award winner in the mobility and engine emissions category was Honda Motor Car Company for the 2005 Accord hybrid automobile. - Mark Davis, UP News Release

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RAILROADS BASK IN BUFFETT FAVOR

Photo here:

[hosted.ap.org]

Freight railroads and their investors can feel confident no new railroads will try to create a competing network -- the cost is too high.

So the six major players in the industry will continue helping businesses connect with suppliers and customers for years to come.

That enduring competitive advantage, combined with strong demand from shippers, is part of why billionaire Warren Buffett's company, Berkshire Hathaway Inc., invested in three freight railroads. But investors who are thinking about following Buffett will have to determine whether strong business fundamentals or Buffett excitement drove the recent rise in rail stocks.

The three railroads companies Berkshire invested in -- Burlington Northern Santa Fe Corp., Union Pacific Corp. and Norfolk Southern Corp. -- are all trading near their 52-week highs. And the same is true for the three other major North American freight railroads Berkshire didn't buy: CSX Corp., Canadian National Railway Co. and Canadian Pacific Railway Ltd.

The run-up in rail stock prices started about six weeks ago, when Berkshire first disclosed its BNSF stake and Buffett said he'd bought into railroads. It continued last week when Berkshire revealed its investments in UP and Norfolk Southern and another billionaire, Carl Icahn, disclosed his company had invested in CSX.

Edward Wolfe, an analyst with Bear Stearns & Co., said in a research report that the high-profile rail investors have helped generate new interest in the industry.

"In addition to continued strong pricing and positive long-term secular demand fundamentals, we believe the strong run for the group so far in 2007 has been driven by newfound investor interest in the railroads," Wolfe said in a research note.

But billionaires aren't the only thing driving railroad stocks higher.

The most important factor in railroads' current and future profitability is the high cost of building a rail network, which makes new competitors extremely unlikely, said Randy Cousins, an industry analyst with BMO Capital Markets in Toronto. Cousins said he thinks Buffett recognized some of the competitive advantages the major railroads enjoy.

"I think he (Buffett) sees some powerful trends that are working for the railroad industry that aren't going to go away overnight," Cousins said.

Besides the near-monopoly power that major freight railroads enjoy, Cousins said, railroads also are helped by the fact that more businesses today need supplies delivered from afar, and shipping by rail is generally less expensive than shipping by truck.

Most of the major freight railroads also stand to benefit from the ethanol boom as more plants become operational in grain growing states such as Nebraska, Iowa and Illinois. The fuel additive is generally shipped by rail, and some ethanol plants will likely pay railroads to deliver grain to them.

Plus, railroads haul a diverse mix of products and commodities and can send locomotives wherever they are needed if the demand picture changes.

"The locomotive power doesn't care what's behind the train," Cousins said.

So if coal, for instance, were to suddenly become less popular with utilities because of pollution concerns, railroads could send more locomotives to the ports to haul containers full of imported goods.

Railroad executives have said they don't expect the demand for coal -- which generally accounts for 20 percent to 25 percent of each major freight railroads' revenue -- to slow anytime soon.
Both Omaha-based Union Pacific and Fort Worth, Texas-based BNSF hauled record amounts of coal out of Wyoming's mines last year.

Cousins said the biggest risk facing the industry is the chance government officials will decide to re-establish regulations that were dropped in 1980. But it's difficult to predict the chances of that happening.

Buffett rarely discusses the investments Berkshire and its more than 60 subsidiaries make, and he didn't return calls for comment for this story. But Buffett offered some insight into the decision to invest in railroads at Berkshire's annual meeting earlier this month.

Buffett said he made a mistake by not investing in railroads sooner, but he wasn't thinking about them two years ago.

Railroads' competitive position has improved somewhat, Buffett said, and as diesel prices continue to increase, shipping by rail instead of truck will only become more attractive.

Cousins said one train carrying a double stack of shipping containers can replace 220 semitrailer trucks on the highways.

"There are huge competitive advantages that play to the railroad industry," Cousins said.

Buffett said he doesn't expect sensational returns from railroads because it is such a capital-intensive business, but railroads are a better business than they used to be.

Andy Kilpatrick, the stockbroker-author of "Of Permanent Value, the Story of Warren Buffett," said he thinks the monopolylike power of railroads was the main attraction for Buffett.

And Kilpatrick thinks railroads offered Buffett an outlet for some of Berkshire's billions that will generate reliable returns.

"It just seems to me they can be pretty sure they'll get a decent return," Kilpatrick said.

Cousins cautioned that investors should make their own determinations about whether railroads are a good investment. The calculation for Buffett, whose company typically holds onto its investments for long periods of time, may be different for individual investors.

"Mr. Buffett is not a day trader," Cousins said.

And Buffett himself has said that one of the worst reasons to invest in something is because someone else bought it. - Josh Funk, The Associated Press, The Billings Gazette

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RAILROAD DETAILS SCHEDULED

SULPHUR, LA -- The Louisiana State Police-Troop D, Union Pacific Railroad and other local law enforcement agencies will be conducting railroad crossing details this Tuesday and Wednesday during the morning hours between 07:00 until 12:00. The purpose of the detail is to educate drivers on the dangers of disobeying traffic laws concerning railroad crossings. The detail consists of a trooper riding on the train and a railroad police officer parked near the crossing spotting violations. Violators are stopped by other Troopers being advised on the radio standing by on both sides of the crossing.

Louisiana has experienced a drastic increase in railroad crossing fatalities in recent years ranking fourth in the nation for most crashes. In 2006 there were 143 railroad crossing crashes, 72 injuries, and 8 fatalities.

· Calcasieu Parish was ranked second out of sixty-four parishes for the most crashes in Louisiana for the last couple of years.

· Individuals are thirty times more likely to die when involved in a collision with a train than with a car, truck or bus.

· It takes the average freight train traveling at sixty miles per hour almost one and a half miles to come to a complete stop.

· It takes approximately two to three minutes to get through a crossing traveling forty miles per hour with 100 cars attached.

Driver's need to learn to STOP when there are red flashing lights at a railroad crossing. Most crashes occur due to drivers being complacent around train crossings. The Operation Lifesaver motto explains it in three simple words, “LOOK, LISTEN & LIVE”. For more information on railroad crossing statistics go to [www.oli.org] or [www.laoperationlifesaver.org].

To bring more awareness to train crossings and for the safety of our motorists, Troop D will continue to conduct railroad crossing details in our area. We want motorists to remember, “You never know when there's going to be a Trooper watching when you approach a crossing.”

Louisiana Revised Statute 32:171

§171. Obedience to signal indicating approach to train; reporting violations; penalties

A. Whenever any person driving a motor vehicle approaches a railroad grade crossing under any of the circumstances stated in this Section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train.

(3) A railroad train approaching within approximately nine hundred feet of the highway crossing emits a signal in accordance with R.S. 32:168, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.

(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

(5) A stop sign is erected at the approach to a railroad grade crossing.

B. No person shall stop a motor vehicle upon any railroad crossing.

C. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed when an approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

D. No person shall drive any vehicle across any railroad crossing while the signal devices are flashing when an approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

E. At any railroad grade crossing provided with railroad cross buck signs, without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the approach or passage of a train, the driver of a vehicle shall in obedience to the railroad cross buck sign, yield the right of way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line or, if no line, within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train after driving past the railroad cross buck sign, the collision or interference is prima facie evidence of the driver's failure to yield the right of way. – The Southwest Daily News (Sulphur, LA)

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BLUE GOOSE REVS UP; RAILROAD MUSEUM OPENS

MONTAGUE, CA -- The “Blue Goose” steam engine will begin it’s scenic run between the Yreka train depot and the Montague depot on Saturday May 26. The train will arrive in Montague at noon.

The Montague Depot Museum will be open from 12:00 – 15:00 hours, Wednesday through Sunday, from Memorial Day to Labor Day.

The museum houses many displays depicting the steam locomotive era of Siskiyou County. There is no set fee for visiting the museum. Donations are accepted. - The Yreka Siskiyou Daily News

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$900K BUDGET AMENDMENT OK'D; COUNCIL MAKES ADJUSTMENT OFFSETTING BNSF LAWSUIT ATTORNEY FEES

BURLINGTON, IA -- City officials Monday evening approved a budget amendment that includes money to offset a possible shortfall in general funds caused by the city's lawsuit with its namesake railroad.

During regular session, the Burlington City Council approved amending the city's budget by $909,705 for fiscal year 2006-07. The amendment pushed the city budget to $46.9 million with $45.8 million in revenue.

In the amended budget, $100,000 for legal fees will be added to the general fund.

The money will be used, if needed, to offset roughly $125,000 the city paid in 2006 to the city's attorney, Scott Power, and his firm, Aspelmeier Fisch Power Engberg & Helling in Burlington, for legal fees connected to a 2004 lawsuit against BNSF.

Power billed the city about $300,000 for legal work he and his firm did on the BNSF case.

"It was spread over a couple of fiscal years. The final payment was actually made last fall. In looking at the budget, I realized we probably should have amended for that toward the end of the fiscal year to make sure we're OK," said Doug Worden, deputy city manager. "We don't anticipate a shortfall, but this will cover us if there is."

The 2004 lawsuit stemmed from allegations the railroad breached the terms of an 1858 contract that stipulated the railroad could use the city's riverfront property as long as it maintained its principle locomotive shops in Burlington.

The property, called the north and south accretions, was deeded permanently to the city by an act of Congress in 1836 with the provision that it could be used only for public purposes.

Because BNSF had transferred or eliminated about 400 local shops positions in 2003 and 2004, the city wanted the court to order the railroad to pay rent for using the riverfront property.

A federal judge ruled in favor of BNSF, but didn't award the railroad its legal fees or court costs. - Jeff Abell, The Burlington Hawk Eye

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PARISH COUNCIL WANTS SCHEDULE FOR REPAIRS TO RAILROAD CROSSINGS

NEW IBERIA, LA -- The Iberia Parish Council will ask representatives from the BNSF Railway Company and Louisiana and Delta Railroad Co. to provide information regarding the condition of crossings in Iberia Parish.

When the council meets at 18:00 hours Wednesday it will consider a resolution that will also ask the firms for a proposed schedule for repairing the crossings.

A parish committee last week lamented the fact that representatives, though they were invited, did not show up for the meeting -- nor did they write an explanation for their absence by meeting time. The debate is what to do with increasingly “horrible” crossings, as Council Chairman Caesar Comeaux labeled some of the 23 crossings, 14 of which don’t have arms.

Some need lights and possibly arms, too, New Iberia Mayor Hilda Curry said.

It’s long been a dangerous situation for a small city bisected by the tracks, which also cut off emergency vehicles trying to get to the other side where the two hospitals are located, Curry said. - Steven K. Landry, The Daily Iberian

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CP RAIL SEEKS CURBS ON STRIKERS

CALGARY, AB -- Canadian Pacific Railway asked courts for more restrictions on picketing track maintenance workers on Tuesday as a strike over wages and work rules ended its first week with no new talks scheduled.

CP Rail, the country's No. 2 railroad, has been seeking injunctions across the country to keep striking workers from disrupting operations at its intermodal terminals.

In the first days of the walkout last week, members of the Maintenance of Way Employees Division of Teamsters Canada caused delays at Vancouver and Toronto locations of the terminals, where shipping containers are moved between trains and trucks.

"We are in court today for two locations -- one in Ontario and one in Vancouver," railway spokesman Mark Seland said. "Otherwise, we've got injunctions for many other locations and everything is operating much more fluidly."

The 3,200 striking workers maintain and repair CP Rail's tracks, bridges and structures. The carrier has brought in replacement workers from its management ranks in efforts to keep grain, coal, lumber, fertilizer and other freight rolling.

Talks toward a new contract broke off in late April and union members started the strike on Wednesday.

The two sides are not talking to each other directly or through a mediator appointed by Canadian Labor Minister Jean-Pierre Blackburn, officials said.

Court injunctions have not done much to change picketing activities, said William Brehl, the union's president.

"It means the judges are satisfied that they have something in place to keep order on the picket line in case it gets disorderly. It has not been disorderly yet that we know of," Brehl said.

The union has said it wants bigger wage increases than the 3 percent agreed on by other bargaining units at CP Rail, arguing its members' pay has lagged behind that of the others.

The railroad has said it could offer the bigger increases, but only if the track workers gave up other work-rule concessions to generate savings and improve efficiency.

CP Rail shares were off C$1 at C$76.74 on the Toronto Stock Exchange.

($1=$1.09 Canadian) - Jeffrey Jones, Reuters

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METROLINK CRASH SURVIVOR SAYS BOYFRIEND TRIED TO KILL THEM BOTH

LOS ANGELES, CA -- The woman whose boyfriend parked their car in front of a speeding Metrolink commuter train told authorities today from her hospital bed that he deliberately tried to kill both of them after a series of arguments that day.

Michelle Wright, 23, told investigators they had been bickering while driving and that he had stopped the car two or three time to press his point before they reached the rail crossing in Pacoima. He pulled around cars that had halted in anticipation of the oncoming train, maneuvered around the guard rail, and stopped on the track, police said.

LAPD Lt. George Rock said today that Wright survived the impact of Monday afternoon's crash because the car was parked slightly askew on the track. As a result, the train hit the car near the rear of passenger's side and away from Wright.

Debris from the crash in Pacoima struck and killed the boyfriend, Brandon Julius Funches, 21, of South Los Angeles, after he had been ejected from the car. Wright's condition today at Providence Holy Cross Medical Center in Mission Hills at was upgraded to stable.

Wright's comments seemed to back up detectives' belief that Funches placed the car on the tracks intentionally.

But his relatives said earlier today that he didn't try to kill her and was just trying to beat the train across the tracks.

"For them to say it was murder is not right," said Michael Ashford, Funches' uncle. "That is not him. It was just bad judgment. He was wrong."

Ashford said Funches was driving a heavily customized Dodge Magnum and was en route to buy a part for the car when the crash occurred.

LAPD officers and Metrolink officials said they were amazed that no one else was hurt in the crash, which occurred at a railroad crossing at San Fernando Road and Branford Street. The incident took place just after noon as the gate arm dropped at the rail crossing, LAPD Sgt. Lee Sands said.

Witnesses told police that they saw the couple shouting at each other inside the Dodge, which was waiting at the crossing for the oncoming Lancaster-bound train to pass. Suddenly, Sands said, the man pulled his car into the opposing lane of traffic, sped past two other waiting cars and the crossing gate, and parked on the tracks.

Some witnesses told police that Funches appeared to have jumped out of the Dodge just as the train hit the vehicle. But police believe that he was ejected from the car when the train hit it -- perhaps while trying to leave the vehicle. The impact sent metal debris flying, with some of the pieces fatally wounding Funches, Sands said.

The train, which carried 125 passengers, did not derail, and no one on board was injured, authorities said.

But the Dodge was so mangled, they said, that they could not immediately determine the make or model.

Officials said the force of the crash sent pieces of metal flying as far as a block away. Pieces penetrated cars and disabled a truck by tearing through the engine, LAPD officials said.

Denise Tyrell, a Metrolink spokeswoman, said Monday that its trains in that area go through crossings at up to 79 mph. She said the agency was treating the case as a "deliberate act" and was checking the train's black box recording device for data.

"It is very rare for you to survive being hit by a train in your car," she said. "A train is massive -- 450 tons. Your car is to a train what a soda can is to your car." - Sam Quinones and Richard Winton, The Los Angeles Times

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NY SENATORS WANT NEW TEETH FOR RAILROAD’S ‘TIRED WATCHDOG’

WASHINGTON -- New York's two senators said Tuesday that recent train wrecks in upstate New York show Congress must put new teeth into the rail safety agency one called an "old and tired watchdog."

Senators Charles Schumer and Hillary Rodham Clinton testified before a Senate Commerce subcommittee, citing the fiery March 12 derailment of a train carrying liquefied propane and other chemicals near Oneida in central New York.

That crash -- the fifth derailment involving CSX Corp. in New York since December -- highlighted concerns that freight rail companies are not doing enough to protect workers or the public.

One Republican senator cautioned that the long-term safety record is good, but New York's two Democrats disagreed.

"We're on the brink of a disaster," said Schumer. "In our own state of New York we have seen the effects more than any other state."

The Federal Railroad Administration, which is responsible for rail safety, "has become too much of an old and tired watchdog," he said.

Schumer urged the committee to consider legislation he is offering that would allow for huge, multimillion-dollar fines against rail companies found to have violated safety rules. The proposal would also provide $100 million in grant money to improve rail safety, particularly at railroad crossings, where a large percentage of train-related fatalities occur.

Accidents at grade crossings, where car traffic passes over railroad tracks, accounted for nearly half of all train-related fatalities between 1995 and 2005.

Clinton said the FRA is "doomed to fail" unless it is given more staff to conduct safety checks on the more than 219,000 miles of railroad track in the country.

The agency, she said, "is understaffed, overextended, and has the capacity to inspect 0.2 percent of railroads."

For many years, the largest single cause of train fatalities has been trespassers onto railroad property, whether taking a dangerous shortcut or going to the tracks to commit suicide.

Even with such problems, the president of the Association of American Railroads, Edward Hamberger, noted that railroads are still the safest form of transportation in the country.

The top-ranking Republican on the committee, Oregon's Gordon Smith, said the long-term safety trend is good, despite recent mishaps.

"It's easy to conclude that the glass is half empty, but there's another view, that the glass is half-full. 2006 was the safest year on record, so it's important to note that it's not all bad," said Gordon.

While Democrats are calling for massive fines for negligent rail operators, the Bush administration has sought a number of other changes it says will improve safety.

The administration plan would create a wide-ranging risk analysis study -- but the results would not be shared with the public, and the data would be specifically barred from use in any lawsuits against the railroad companies.

Regulators also worry that current work rules too often put tired conductors and engineers at the controls, and officials say fatigue is playing a growing role in rail accidents.

Subcommittee chairman Frank Lautenberg, D-N.J., said that under current rules, train crews can work "up to 400 hours in 30 days. That is simply not safe."

The recent string of train derailments has intensified FRA's track inspections. In a review of 1,085 miles of track, the FRA found 78 defects with CSX tracks across New York.

An earlier, more far-reaching review conducted after a Jan. 16 derailment outside Rochester recommended fining CSX for 199 violations in 23 states. - Devlin Barrett, The Associated Press, Newsday

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TRANSIT NEWS

ERRORS LEAD METRO TRAINS TO NEAR HEAD-ON COLLISION

Graphic here, 'What Went Wrong':

[images.chron.com]

HOUSTON, TX -- A series of errors sent two MetroRail trains carrying passengers within half a mile of a possible head-on collision in the Texas Medical Center area this month, Metro officials revealed Monday.

Metropolitan Transit Authority controllers at the Houston TranStar traffic center learned of the situation when the operator of one train, who was new on the job, called them for advice after proceeding more than half a mile on a track intended for trains going the opposite direction, officials said.

Metro executive vice president John Sedlak said that incident May 9 was the first time since the 7.5-mile Red Line opened Jan. 1, 2004, that trains were running toward each other on the same track without supervisors' knowledge.

Six days later, a less hazardous wrong-way situation occurred between two trains, neither carrying passengers, near Metro's maintenance yard.

The employees involved in the May 9 incident have been disciplined, and Sedlak said Metro has reported the incident to the Texas Department of Transportation as required by law. On its own initiative, he said, Metro has invited a peer review panel to study the incident and recommend safety changes.

The panel, with members from the American Public Transit Association and from transit agencies in New Jersey, Baltimore and Salt Lake City -- all with on-street operations similar to the Main Street line -- arrived Monday, Sedlak said.

"The system is safe to ride," Sedlak said. "While mistakes were made, the railroad performed safely even in the face of unusual behavior," he said.

Metro has taken additional safety measures to prevent recurrence of the problem, officials said.

The May 9 incident occurred shortly after 09:00 hours, near the end of the morning rush hour.

David Feeley, Metro senior vice president of operations, said the first of three errors happened when a member of a signal maintenance crew working near the Smith Lands station, which serves a large parking lot for Medical Center workers at Greenbriar and Pressler, waved the northbound train through an open switch and onto the track for southbound trains.

Diversion not reported

The second error was the train operator's failure to report the track diversion to controllers at TranStar, and the third was the controllers' failure to spot the train's position and direction on their video screens.

On arriving at the TMC Transit Center station, Fannin at Pressler, the operator called controllers and asked if they wanted her to continue northbound on the southbound track, Feeley said.

Controllers then recognized the problem and ordered her not to move. They also called the operator of a southbound train that was stopped at the next station, Dryden/TMC, and ordered it not to proceed until the trains could be rerouted.

Feeley said the rail system operates under visual controls with nothing to automatically prevent a collision. May 9 was bright and sunny, he said.

The normal speed for trains in that area is 25 mph, and each train could have stopped in less than 200 feet at that speed, Metro officials said.

The second incident occurred about 05:00 hours, May 15, as railcars were being linked into 2-car trains in preparation for the morning rush hour.

These trains were about 700 feet apart when they stopped, but neither was carrying passengers and each was traveling about 5 mph, officials said.

Feeley said one train was exiting the yard on the northbound track as the other crossed over from the southbound track. Normally, he said, a supervisor would have been on the scene to tell the southbound train to wait until the other had cleared the switch, but that person was attending to an unrelated incident.

Disciplinary actions

The two train operators saw each other and stopped in time to avoid colliding, Feeley said.

Metro declined to reveal the names of those involved in either incident but outlined these disciplinary actions:

In the May 9 incident, the Metro controller at TranStar was suspended until the investigation is complete; the operator of the northbound train was suspended for five days under terms of the union contract and is not driving trains; one maintenance worker at the switch site resigned; and two others were suspended without pay, then returned to work under direct supervision.

In the May 15 incident, the drivers and yard supervisor were not at fault, and the TranStar controller is working under direct supervision, Metro said. - Rad Sallee, The Houston Chronicle

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CAR GOES AROUND BARRIER, HIT BY TRE TRAIN

FORT WORTH, TX -- One person was injured after a car was struck by a Trinity Railway Express train Tuesday morning, officials said.

The wreck occurred about 09:20 hours at the intersection of Riverside Drive and Galvez Avenue, said Joan Hunter, a spokeswoman for the Fort Worth Transportation Authority.

The car’s driver, who was not identified, made a left-hand turn onto Galvez from Riverside, driving around the lowered crossing arm at the railroad track, Hunter said. The crossing arm was functioning properly, she said.

The train, which was headed westbound en route to the Intermodal Transportation Center, struck the car and pushed it off the track, Hunter said.

The sole occupant of the vehicle was taken to Harris Methodist Fort Worth hospital with non-life threatening injuries. No one on the train was hurt, Hunter said. The train was delayed about 15 minutes while officials checked the crossing arm and other equipment.

The incident underscores the need for caution by drivers at railroad crossings, Hunter said.

“It is extremely important that people understand that the train cannot swerve and it can’t always stop on time,” she said. “It’s just very unfortunate when this happens. We stress for people to please not to go around crossing arms when [trains] are crossing.” - The Fort Worth Star-Telegram

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FRENCH COMPANY LANDS $111M COMMUTER RAIL CONTRACT

AUSTIN, TX -- Capital Metro is well on its way to awarding a $111 million contract to a French company to run its freight rail and commuter rail operations.

If Capital Metro's board gives the contract final approval in two weeks, Veolia Transportation Services Inc. will take over freight and future commuter rail operations after Sept. 30, says Adam Shaivitz, a spokesman for Capital Metro. Austin Area Terminal Railroad currently runs the agency's freight.

Shaivitz says the agency decided to award the contract to Veolia because the freight and commuter lines will be operating on one track, and it makes sense to have an operator handling both.

The $111 million contract with Veolia includes $6.9 million for the commuter rail's 16 month startup period, $28 million for commuter rail peak hour service and $61 million for rail freight operations.

The commuter rail is planned to start running from downtown Austin to Leander in fall 2008 along a 32-mile line, and Shaivitz says its annual operating budget is estimated to be $5.2. – The Austin Business Journal

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TRANSPORTATION PICTURE IS BLEAK

Photo here:

[www.ballardnewstribune.com]

Caption reads: MAYBE SOMEDAY, BUT NOT SOON. Sounder commuter trains to and from Everett pass through Ballard, but getting to stop is not a simple idea, officials say. "There'd be a lot of work to do in order to make it happen," said one official. (Amber Trillo photo/Ballard News-Tribune)

BALLARD, WA -- A water taxi from Shilshole to downtown Seattle, light rail to the University of Washington and a long-time plan for a Sound Transit commuter rail stop could help ease Ballard's growing congestion, but none are likely for many years.

The impending replacement of the Alaskan Way Viaduct is sure to cause gridlock for years to come. Gas prices are at some of the highest in the nation and city officials project at least 1.2 million additional people living and working in the Puget Sound region by 2030.

These realities represent an uncertain future for Ballard's mobility and it has people thinking about new and old transit solutions.

Ferry in our future?

A new King County Ferry District ordinance, passed recently by the Metropolitan King County Council, could potentially fund a feasibility study for a passenger-only ferry route from Shilshole to downtown Seattle. The district could also support the operation of Vashon-Seattle ferries and year-round Elliott Bay Water Taxi service.

The county will be moving forward with the development of an operations and finance plan to decide whether or not to levy a property tax in the fall and how much that might be, said Mike Beck, a transit contract administrator for Metro.

Funding to study the Shilshole Ferry idea could be included in that plan, he said.

That study would raise many questions about how the route might operate, such as dock site, customer market, operating issues and parking.

"No work has been done at all at this point in evaluating this route, and any eventual study would most likely not begin until 2008," said Beck.

Local reaction to the idea is mixed. Some say a ferry would just become a tourist attraction. Others say the need is more inter-Ballard connections, not more downtown routes.

"I believe many in King County see the passenger-only ferry service as one more transportation option to help with the region's traffic congestion, but not the solution for everyone," said Beck.

Fulvio Casali, a member of Sustainable Ballard, said the proposal at least points to a growing awareness of a need for diversification in transportation options.

"I think it would be interesting and attractive to enough residents...if there were a neighborhood shuttle or if parking near the ferry dock were available," he said.

Ballard is scheduled to receive more frequent downtown bus service in the coming years with the passage of "Transit Now" last November, and some think that might be enough for now.

Steve Cohn, chair of the Ballard District Council's transportation committee, said the idea of a ferry raises many questions, some of the biggest being parking and access to the marina. There's limited bus service to Shilshole, just seven runs on weekdays at peak times.

"People aren't going to walk there," he said. "That's a big stumbling block."

He also wondered if enough people would use it, especially given Ballard's proximity to downtown and already "excellent bus service."

Some commuters would have to transfer to a bus after landing at Coleman Dock downtown, and according to transportation officials, people don't like switching modes of transit, he said.
The water taxi works well in places like West Seattle where it provides commuters a good alternative to congestion on the West Seattle Bridge, but Ballard is in a different situation, Cohn said.

A ferry probably wouldn't be a time saver for most people, agreed Beth Miller, executive director of the Ballard Chamber of Commerce.

She'd rather see the money spent on more buses for inter-Ballard travel, such as Route 86 that circulated Ballard and nearby neighborhoods. That route was canceled in 2000 after voters approved an anti-tax initiative that cut Metro's operating revenue by one third.

"What we need is good common sense transportation solutions -- not things that just sound like a great little idea," said Miller. "We'll keep pushing (elected officials) to find something that gets people around a smaller area -- not just the big commutes."

It's possible that's what the public input process and feasibility study will reveal, said King County Council member Larry Phillips, co-sponsor of the ferry ordinance.

Ever since voters failed to pass two proposals for underground rail in the early 1970s, the county is "digging itself out of a 35-year auto dependency hole," said Phillips. Now, officials are trying to catch up to Seattle's growing transit needs.

"We've got a big challenge in front of us," said Phillips. "We're trying to build in options," from bike lanes to buses. "We're beginning to see transportation options coming our way.

Rail and light rail

When Shilshole Marina liveaboard Al Hughes sees the Sound Transit commuter train roll by on the BNSF Railway Company tracks through Golden Gardens he wonders, "Why doesn't it stop here?"

It's a question Ballardites have been asking for more than a decade. Building a station here was even identified as one of the community's top priorities in the Ballard Neighborhood Plan in 1998.

The idea was to create a system of intermodel and regional connections; a commuter rail station across from a potential water taxi terminal at Shilshole Marina and nearby bus stops.

Sounder trains pass through Ballard by Golden Gardens Park several times a day on the way to downtown Seattle and Everett. Some say building a station along the existing rail would be a cheaper alternative then building additional transit infrastructure.

"I frequently take the train from downtown to Everett, passing by the "Ballard" sign near the locks and wishing I could have hopped on at that point, instead of the extra trip to downtown," said one commuter.

But it's not really as simple as that, said Cohn. It would cost a substantial amount of money to study the ridership numbers, parking and operations of the station.

"There'd be a lot of work to do in order to make it happen," said Cohn.

Buses are already doing a decent job moving people in and out of the area, though there should be more focus on enhancing routes to areas of Ballard that are underserved, he said.

"That's what the public discussion is going to be about over the next several years," he said.

Adding a Sounder stop in Ballard is on a long-range plan, but light rail extensions to the eastside, Lynwood, Shoreline and the University of Washington where population density is greater have been prioritized, said Geoff Patrick, spokesperson for Sound Transit.

A stop in Ballard would probably be more beneficial to those outside of the area, like commuters from Snohomish County, but it still remains an option for the future, he said.

This fall voters will be asked to approve the combined Sound Transit and Regional Transportation Investment District package, "Roads and Transit." It includes a study of light rail to Ballard and West Seattle, but when that study would actually take place "is a question for future policy makers," said Patrick.

Council member Phillips, a member of the Regional Transportation Investment District Planning Committee, said the idea for a Sounder stop was considered as part of "Roads and Transit," but it just didn't match up with other high ridership projects.

"The people are coming," Phillips said. "It will definitely happen. It's just a question of when."

But in the long term, light rail would provide additional capacity and faster, more reliable trips, he said.

The transit proposal would also fund major highway and safety projects, 50 miles of new light rail (mostly connections to the eastside), enhancements to existing commuter rail stations and more express bus service.

In 2009 light rail will begin operating from downtown to the airport and plans are in place to build from downtown to the University of Washington as soon as next year.

Miller would like to see a better focus on keeping people in Ballard, rather than encouraging them to commute to jobs out of the area. The notion of an urban village, where people live and work in their neighborhood, has gotten lost, she said.

She's discouraged that land all over Ballard long used for commercial business is being replaced with cookie-cutter townhouses that workers in Ballard can't even afford.

"I think we're getting very far away from the goal of keeping us here without the need to commute," Miller said.

But for Hughes, who's contemplating a move out of the area to be closer to work, a Sounder stop here would mean he could stay in Ballard and commute easily to his job.

"I see it go by everyday," he said. - Rebekah Schilperoort, The Ballard News-Tribune

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THE END