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animated gifAlert #1 - 06jan10 - Muzzle Radio Communications [PDF]

animated gifMonster Trains

Lawsuit ought to give railroads pause

President Bush’s veto of the Labor-HHS appropriations bill

Idle rail cars reflect slowing economy

Missing Flags on Form A and Form B Track Restrictions

PTERYGIUM……OCCUPATIONAL HAZARD?

 

"BENNY" Award


Los Angeles Times
January 13, 2010


Southland's mystery monster train;
A Union Pacific freight carrier 3 1/2 miles long rumbles through the region,
catching state regulators by surprise.


BYLINE:
Rich Connell


SECTION: MAIN NEWS; Metro Desk; Part A; Pg. 3


LENGTH: 1035 words


An apparently unprecedented, super freight train extending about 3 1/2 miles rolled through Southern California over the weekend, catching state regulators off guard and prompting concerns about potential safety risks and traffic delays, The Times has learned.

Union Pacific said that the train was used to test equipment and find ways to improve operating efficiency, but that the company had no plans to run such trains regularly.

Some officials worry that the train may be a harbinger of things to come in a crowded region where passenger and freight trains already share tracks that cross hundreds of intersections bustling with cars and trucks.

"I will be asking a lot more questions," said Democratic U.S. Rep. Grace Napolitano, whose San Gabriel Valley district includes part of the train route.

"If they're testing to increase the size of trains in L.A., I have a problem with that," she said.

The state Public Utilities Commission raced a team to Imperial County on Saturday to monitor the train as it headed toward the Inland Empire. The train originally left Texas on Friday night and reached its ultimate destination, a large intermodal facility near the Port of Long Beach, on Sunday.

"We were quite concerned about it, which was why we scrambled our people to be out there Saturday to essentially find out what was going on," said Richard W. Clark, who oversees rail safety at the PUC.

There are no state or federal limits on the length of trains or requirements to notify agencies about unusually long trains, officials said. Union Pacific said it did alert local federal regulators, who observed the train's movement.

The 18,000-foot-long train was two to three times the length of a typical freight train, Clark said, and the largest he knew to operate in the state.

It linked 295 rail cars, carrying more than 600 cargo containers, mostly double-stacked, said Tom Lange, a Union Pacific spokesman. Nine locomotives were spread along the train and additional personnel were on board to monitor equipment.

The train, the longest ever assembled by Union Pacific, was permitted to travel up to 65 mph as it crossed the Los Angeles Basin, Lange said. He said the train needed three to five minutes to clear a grade crossing.

The test was part of an effort to explore ways to "better serve our customers," Lange said. Such trains reduce the chances of derailment, he said, because locomotive power is distributed along the train, easing stress on couplers and other equipment.

In addition, although a long train might extend waits at an individual intersection, it would reduce overall waiting time compared to three shorter trains, Lange said. That's because crossing signals begin stopping traffic 20 to 25 seconds before each train arrives. The long train tested over the weekend was the equivalent of three mile-long trains, which would have added 40 to 50 seconds to total motorist wait time.

Still, Napolitano, who sits on the House Transportation and Infrastructure Committee, said that because there are 54 grade crossings in her district, she is concerned about traffic tie-ups.

"I don't believe three to five minutes," she said, referring to the estimated motorist waits. She said she also would look into safety risks in the event of a derailment by such a large train.

No incidents were reported during the weekend test, but state regulators were continuing to examine issues raised by such operations, Clark said.

His agency will look into what is required to safely brake a train 3 1/2 miles long, as well as possible delays for emergency responders if intersections are blocked for longer times.

Of particular concern would be scenarios in which "the hospital is on one side and the crash or heart attack is on the other side and the ambulance can't get across," he said.

The state now prohibits stopped trains from blocking an intersection for more than 10 minutes.

Union Pacific's Lange said such issues are not new because mile-long trains also can block intersections. The railroad works with local emergency agencies to plan alternate rescue routes, he said.

At least for now, logistical issues probably will limit the use of such trains, according to the Federal Railroad Administration.

"There are operational problems, like siding lengths," said spokesman Robert Kulat, who added that most sidetracks off railroad main lines can't hold such trains. It also can be "difficult to maintain radio communication" on such long trains, he said.

As for braking distance, it can take about one mile to stop a mile-long freight train, Kulat said. That should be about the same for a much longer train, assuming that proper communication and control is maintained with trailing locomotives, he said.

In general, federal regulators have not raised concerns about longer trains, he said. "It's recognized that it's an efficient way to move goods," he said.

The Long Beach-bound train carried furniture, clothing, electronics and other goods for export, Lange said. After entering California, the train traveled to Colton, through Pomona and Montebello and then along the Alameda Corridor.

Among other benefits, Lange said, such trains can remove hundreds of trucks from the road and save fuel compared to other modes of cargo transportation. Trains up to 12,500 feet -- about 2 1/2 miles long -- already operate in the Los Angeles area, he said.

Long trains can reduce crew requirements because the trailing locomotives all are controlled from the front cab, Lange said.

A spokesman for the California chapter of the Brotherhood of Locomotive Engineers & Trainmen warned that such "monster trains" raise a host of challenges for engineers.

"Nobody I know of in the railroad industry ever has run a train this size," said Tim Smith, state legislative chairman for the union.

"We're not trained for it. The longer the train, the more you have to consider the curvature of tracks . . . starting and stopping," Smith said.

"There's too much going on to be constantly monitoring and thinking about," he said.

--

rich.connell@latimes.com

--

()

The 3.42-mile train was about 18,061 feet long. If placed end to end, that's roughly equal to:

164 blue whales

78 jumbo jets

60 football fields

14 Empire State Buildings

 

Memorandum

To: Edward C. Way, Illinois State Legislative Board Chairman

Cc: John P. Tolman, Vice President and National Legislative Representative

From: Thomas A. Pontolillo, Director of Regulatory Affairs

Date: March 31, 2008

Re: Walking Trains over Broken Rails and Pull-Aparts

This Memorandum follows up on your inquiry and our discussions concerning the use of train crews to walk trains over broken rails and pull-aparts. As you pointed out, 49 CFR Section 213.113, entitled "defective rails," provides in pertinent part that "[w]hen an owner of track … learns, through inspection or otherwise, that a rail in that track contains any of the defects listed in the following table, a person designated under § 213.7 shall determine whether or not the track may continue in use." FRA’s designation provision, as it pertains to your inquiry, provides as follows:

§213.7 Designation of qualified persons to supervise certain renewals and inspect track.

* * *

(c) Persons not fully qualified to supervise certain renewals and inspect track as out-lined in paragraphs (a) and (b) of this section, but with at least one year of maintenance-of-way or signal experience, may pass trains over broken rails and pull aparts provided that —

(1) The track owner determines the person to be qualified and, as part of doing so, trains, examines, and re-examines the person periodically within two years after each prior examination on the following topics as they relate to the safe passage of trains over broken rails or pull aparts: rail defect identification, crosstie condition, track surface and alinement, gage restraint, rail end mismatch, joint bars, and maxi-mum distance between rail ends over which trains may be allowed to pass. The sole purpose of the examination is to ascertain the person's ability to effectively apply these requirements and the examination may not be used to disqualify the person from other duties. A minimum of four hours training is adequate for initial training;

(2) The person deems it safe and train speeds are limited to a maximum of 10 m.p.h. over the broken rail or pull apart;

(3) The person shall watch all movements over the broken rail or pull apart and be prepared to stop the train if necessary; and (4) Person(s) fully qualified under § 213.7 of this part are notified and dispatched to the location promptly for the purpose of authorizing movements and effecting temporary or permanent repairs. I discussed this issue with Ken Rusk, who is Staff Director for track safety standards in FRA’s Office of Safety. Mr. Rusk advises that a railroad may designate any person as qualified, regard-less of craft or class, provided that person is given the appropriate training and has the requisite knowledge. Therefore, a member of an operating crew could legally perform this function if the railroad has designated him/her to do so. We also discussed whether or not someone who is not so designated could be exposed to person-al liability to FRA when they comply with an order or directive to walk a train over a broken rail or a pull-apart. Mr. Rusk’s opinion was that, since crews typically are not instructed concerning the requirements of Part 213, they likely would not have knowledge of its requirements. Fur-thermore, if their actions were in compliance with an order or directive from a supervisory offi-cial, they would not be held individually liable.

 

Dear Brothers and Sisters,

Please contact your members of of Congress and urge them to vote to override President Bush’s veto of the Labor-HHS appropriations bill (H.R. 3043). President Bush vetoed the bill on November 13, which was passed by the House on November 8 by a vote of 272-141.

The bill was intended to provide fiscal year 2008 funding for the National Mediation Board (NMB), which creates and administers public law boards. The appropriation would also fund the National Railroad Adjustment Board (NRAB). If Congress fails to override the veto, then there will be a continued freeze on public law board activities. The House vote was three votes short of the two-thirds majority that would be needed to override a veto.

The Bush administration said the President vetoed the bill because it would provide $150.7 billion in discretionary spending, which is $9.8 billion more than he requested. He called the bill’s spending "excessive."

The fiscal year 2007 budget for the NMB and public law board activities expired Sept. 30. The NMB, which funds public law boards, is operating under a continuing resolution, which provides interim funding in expectation of a 2008 fiscal year appropriation. But the uncertainty over fiscal year 2008 funding has forced the NMB to halt travel for arbitrators, and the NMB advised arbitrators not to hear public law-board cases.

A 1966 amendment to the Railway Labor Act created public law boards, which consist of one member from the carrier, one from labor and a neutral. The carriers and labor compensate their respective representatives, but compensation of neutrals — including travel, office administration and wages — is paid by the NMB through congressional appropriations.

To contact your member of Congress, you may wish to click on this link to the BLET National Legislative Office’s website at:

http://www.bletdc.org/action/congress/.

Fraternally,
Tim Smith, Chairman
NASLBC/BLET/IBT Rail Conference

 

CALIFORNIA STATE LEGISLATIVE BOARD

BROTHERHOOD OF LOCOMOTIVE ENGINEERS & TRAINMEN

INTERNATIONAL BROTHERHOOD OF TEAMSTERS RAIL CONFERENCE

             TIMOTHY L. SMITH, CHAIRMAN

                  610 Auburn Ravine Rd., Suite C Auburn, CA  95603 (530) 823-7510; FAX (530) 823-7215; Tsmith@sbcglobal.net   

                        

ALERT!

Date:   August 30, 2007
To:      All Operating Crews in California
 From:  State Chairman’s Office
 Re:      Missing Flags on Form A and Form B Track Restrictions

Brothers and Sisters,

Please make a special note of any slow orders (Form A’s) or Form B orders in which the flags are not displayed as per railroad GCOR rules.  In other words, if you get your orders and there exists, for example, an order for you to slow to 10 mph between MP 110 through MP 120 and “no flags displayed” is listed or observed, please forward this track bulletin/train order to this office by FAX.  The FAX number is: 530-823-7215

California Law now prescribes a penalty if the flags are not placed as per rule.  The law is identical to the GCOR rule.  Your train order has all of the pertinent information.  Of course you may add anything you wish, but it will allow this office to register a complaint, hopefully resulting in a violation for the carrier.  We will keep this pressure up until they get it right!

 Your assistance is greatly needed.  Please post and spread the word!

 Fraternally,

Timothy L. Smith, Chairman
CSLB/BLET/IBT Rail Conference
 

CSLB News

*Idle rail cars reflect slowing economy*

(The Associated Press circulated the following story by Susan Gallagher on March 30.)

CRAIG, Mont. ? BNSF Railway Co., the nation's top hauler of container rail freight, is parking miles of rail cars in Montana and elsewhere because there isn't enough freight to keep them rolling.

Cars that often carry 40-foot containers of goods shipped from Asia stand like an iron fence between the Missouri River and this Montana burg known for world-class fly-fishing. They stretch as far as Sandee Cardinal can see when she stands outside her home on the river's west bank between Helena and Great Falls.

"What is that but a symbol of how America is down in the dumps right now?" Cardinal asked as she gazed at the cars that haven't moved for about three months.

The cars parked are the type that haul cargo from ships on the coast to points inland, mainly imported goods -- an area that's starting to slow down because of the weak economy. Analysts say transportation usually is among the first sectors to show signs of a downturn in the economy, and with Americans feeling pinched -- employers eliminated 63,000 jobs last month amid declining consumer confidence -- it could be awhile before the idle cars move.

"If you take a look at transportation, both trucking and rail, you will see that things started softening last summer," said Arnold Maltz, associate professor of supply-chain management at Arizona State University. "The reason you are seeing all those cars parked is that the consumer economy translates into slower imports."

The Port of Seattle's containerized trade was down 10.1 percent in January compared with the previous January, but it rebounded to a small increase of 0.5 percent in February, compared with the prior February.

Overall, the Seattle harbor expects this year's containerized trade to fall 4 percent compared with 2007, said Seaport Managing Director Charlie Sheldon, who said that this February's 29th day -- a Friday when many ships pulled in to load and unload -- pushed that month's volumes up into "a little bit of an anomaly."

Sheldon noted that other West Coast ports also are experiencing trade declines, pointing out Tacoma's losses even in the face of having lured Mitsui O.S.K Lines, a global shipping company and longtime Seattle customer, farther south to Commencement Bay.

"Everybody is down and suffering through it," Sheldon said.

At the Port of Tacoma in January, intermodal lifts -- the transfer of a container from ship to rail -- were down 18.2 percent compared with the previous January.

" 'Cargo follows the national economy,' would be my quickest and most simplistic response," Port of Tacoma spokesman Mike Wasem said. "We are seeing volumes which follow consumer demand."

The Port of Tacoma's containerized volume fell 9.1 percent in January from the previous year, and fell 12.6 percent from the prior month. The port has not yet released its February trade statistics. Tacoma's 2007 container volumes were down 6.9 percent compared with 2006.

Texas-based BNSF Railway has parked upward of 1,000 cars in Montana alone, spokesman Gus Melonas said. More are parked in other parts of the company's 32,000-mile system, which operates in 28 states and two Canadian provinces.

"There's been a downturn in international business and therefore this equipment is not necessary at this point," Melonas said.

The cars standing between Helena and Great Falls constitute 5 percent of the BNSF fleet, Melonas said. He declined to say what percentage of the fleet is parked elsewhere, citing confidentiality issues.

Seasonal car storage is common, he said, but the number of cars now idle is exceptional.

Most of the parked cars are designed for intermodal transportation, when containers filled with imported goods are taken off vessels at U.S.

ports and then transported by train, truck or both to distribution centers around the country.

For the first two months of 2008, the volume of intermodal rail freight in the United States was down 3.4 percent compared with the same period last year, according to the Association of American Railroads, an industry group based in Washington, D.C. Last year, intermodal traffic was flat as railroads began to feel the effects of slowing retail orders and the dollar's decline.

While shipments of store-ready consumer goods such as clothing have dipped, movement of coal, grain and ore have risen, according to the association. The latter are less sensitive to swings in the economy and help balance out the bottom line.

Excluding intermodal traffic, rail freight rose 1.7 percent for the first two months of 2008 compared with the same period a year earlier.

Coal was out in front last month with 576,012 carloads, or an increase of 5.7 percent.

"The railroads have actually performed relatively well when you look at their entire portfolio," said transportation analyst Todd Fowler of KeyBanc Capital Markets in Cleveland.

For 2007, BNSF Railway's parent company, Burlington Northern Santa Fe Corp., reported about $15.4 billion in total freight revenues, compared with about $14.6 billion the previous year. That growth was largely in coal and agricultural segments.

The annual revenue generated from hauling domestic freight was down about 1 percent from 2006, while international traffic was up 2 percent.

Meanwhile, coal and agricultural revenue each grew about 12 percent.

Union Pacific Railroad spokesman James Barnes said the Nebraska-based company's intermodal business is "just a little down, but that's not unusual for this time of year." The company's total commodity revenue was $15.5 billion in 2007, compared to about $14.9 billion in 2006. The agricultural segment posted an 8 percent increase over 2006.

One of the nation's leading trucking companies, Schneider National in Green Bay, Wis., says it believes a freight recession began about 20 months ago, well before signs of a downturn closed in on consumers.

"We have been in a freight recession longer than people have been expressing deep concern about the economy," said Bill Matheson, Schneider's president for intermodal transportation.

Schneider is not parking trucks, but neither is it buying new ones to the usual extent, Matheson said.

But there are a few bright spots. Seattle's Sheldon pointed out that last year saw an increase in the port's share of full containers, even as the number of empties through the port dropped. Full containers boost benefits for surrounding communities.

"If there's a full load, there is a chance that it goes to local distribution facilities" helping increase the jobs associated with unloading and repackaging the goods, Sheldon said. "If it is a full export container, then it's more than likely full of Washington exports," bringing revenues back to the state.

"I'd rather be shipping cargo than shipping air, even though, if you think about it, every container has to be handled, and there is a handling element that provide jobs, and that's great."

Sheldon said that other factors -- looming fees at the Southern California ports and contract negotiations between the Pacific Maritime Association and the International Longshore & Warehouse Union -- might influence shippers to send more of their goods through Puget Sound.

 

*Lawsuit ought to give railroads pause*

(The following story by Todd Sullivan appeared at SeekingAlpha.com on March 31.)

Archer Daniels Midland (ADM) has filed a price-fixing lawsuit against the 5 major railroads. This could snowball.... The lawsuit filed last Tuesday in Federal court in Minneapolis names Union Pacific (UNP), BNSF (BNI), CSX (CSX), Norfolk Southern (NSC), and Kansas City Southern (KSU) as the conspirators. It accuses the five railroads of setting fuel surcharges by working through the Association of American Railroads, which publishes the indices used by railroads to calculate rates. AAR's board includes the CEOs from the five railroads, according to the lawsuit.

ADM accuses UP and BNSF of agreeing to tie their surcharges to the same fuel price index, and to impose changes in the surcharge on the same day. While UP and BNSF locked their surcharges together in the territory they dominate, the Western U.S., ADM claims CSX, Norfolk Southern and Kansas City Southern did the same thing in the East.

The effect is that the railroads' fuel surcharges moved in unison, the lawsuit alleges.

Most railroads hedge their fuel purchases. This ought to mean that actual fuel spending should vary from one railroad to the next. If that is true, the fuel surcharges should have also varied, but they did not.

In January 2007 the Federal Surface Transportation Board said railroads must link surcharges to their actual fuel costs.

ADM claims uniform pricing "could not have happened by chance or coincidence."

The railroads of course denied the charges saying they "have no merit"

and that they would "vigorously defend them".

ADM says that it, alone, has paid more than $250 million in fuel surcharges since 2003.

Here is where this could get sticky for the railroads. While ADM is a major rail shipper, there are thousands of smaller shippers looking for ways to reduce or recoup transportation costs. If there is any light at the end of this tunnel as the litigation moves forward, expect a flood of lawsuits to follow. The suits may follow anyway to force a settlement.

What we will then end up with is a major class action suit against the railroads. In that instance the sums the railroads will be looking at will be in the billions of dollars (both in refunds and punitive damages). Considering the 5 railroads only made almost $7 billion between them last year, the outcome could seriously damage the industry.

 

PTERYGIUM……OCCUPATIONAL HAZARD?

Most railroaders are aware of someone in the industry who has experienced loss of hearing or someone who has back or neck pains due to the jarring movements and vibrations on the locomotives.  These are often referred to as cumulative injuries due to long term exposure common to our occupation as railroaders.  Ophthalmologist have

now suggested that a growth in the eye, pterygium, may also be considered a possible occupational hazard due to long term exposure to environmental  elements, including sunshine, UV radiation, wind ,dust and low humidity. 

Senior railroaders well remember the days when all locomotive windows were kept open to provide some type of ventilation, especially during the sweltering days of summer. Those working switch engines, locals and roustabouts had to keep the windows open looking for hand signals and crew members.  Engineers were continually exposed to all elements of weather while doing their jobs, there was no choice.  When the windows were closed they provided little protection against ultra violet radiation from the sunshine. Thankfully, some conditions have improved, but railroaders still are continually subjected to environmental elements while performing their necessary duties. Progress has reduced, but not eliminated the occupational hazard.

The long term exposure may cause a pterygium in the eye to develop. As exposure to the harsh elements of nature can damage skin, so too can these elements cause damage to the eye.  A pterygium is the growth of scar tissue and blood vessel on the sun exposed surface of the eye in response to ultraviolet damage from the environment as well as exposure to wind, dust, etc.

Chances are that you will notice a pterygium in the eye. Symptoms include tissue growing over the eye, irritation, redness and tearing. A routine eye examination can also determine if an individual has developed a pterygium. Treatment depends on the size and symptoms caused by the pterygium.  The growth towards the cornea, if left untreated may ultimately interfere with vision. Permanent removal requires surgery and recovery time.

Rail Leaders,

 

The Teamsters Rail Conference’s “Safe Rails / Secure America Campaign” was nominated for a "BENNY" Award by the Business Ethics Network, which recognizes an outstanding achievement in a campaign.

 

The Business Ethics Network believes that those activists and organizations whose results are especially outstanding deserve to be recognized by their peers. They hope the nominated campaigns serve as an inspiration and model for those who follow. 

 

The BENNY Award is awarded annually for new victories in corporate campaigning, where victory is defined as the realization of a significant commitment or actual change in policy by a targeted corporation or industry. This may also include a significant legislative or policy change prompted by corporate campaigning that improves the social, environmental, financial or political practices of corporations.

 

For the Safe Rails / Secure America, we developed a comprehensive campaign plan.  Over the past two years, we have implemented that plan which required coordination with Local and General Chairmen, State and National Legislative Chairmen, to put the individual elements into motion through their local and national press, and bring it to their local and national elected officials.  It truly is one of those outstanding efforts.

 

Congratulations to all who did the heavy lifting on this - too many to name.  Thanks for your hard work.

 

You can check it out at: http://www.businessethicsnetwork.org/article.php?list=type&type=137

 

David Cameron

National Campaign Coordinator

IBT

Misc. News

This past Monday when the Officer Special went thru San Luis Obispo .. MOP Slater and MRO Fisher had there job briefing .. and it was agreed that after everyone was aboard MRO Fisher would give the highball to proceed ..MRO Fisher gives the highball and the Engineer starts pulling the train out of the depot .. They go about 5 cars and another Conductor at the depot calls them on the radio and says that will do when ya get em stopped .. They  stop the train and then ask her whats up ?? It appears Mr Duffy and Mr Young  were still in the yard office talking to crews ... !!!     Does that mean MRO Fisher failed a job briefing and is now on a Managers Level 4c for leaving Mr Young AND Duffy at the depot !!!!! ????? Does he still have a JOB .. OR WHY DOES HE STILL HAVE HIS JOB ... OR ...does it just cost him EQMS points ... like he's about at 400 now .. Mr Vialpando get  ready for YOUR NEW job  !!!!!!
 

Don't ya just LOVE IT when officials screw up??? I DO!!!!!