BNSF: We will shut down
Posted by Fred Frailey
on Wednesday, September 09, 2015
125
In a candid letter to a U.S. senator, BNSF Railway’s chief executive, Carl Ice, said September 9 that BNSF would in effect shut down most of its network rather than violate a federal law mandating that positive train control be operational by December 31. CSX Transportation has said it, too, questions whether it should violate federal laws, and other Class I carriers are likely to follow suit. This set up the real possibility of a national transportation crisis at the beginning of 2016. The public may be unaware of how closely the U.S. economy is tied to railroads, but the reality is that without railroads, this country will quickly cease to function normally. Imagine, for instance, no electricity to heat homes.
In his letter to Senator John Thune (R-South Dakota), chairman of the U.S. Senate Committee on Commerce, Science and Transportation, Ice says that the railroad has already spent $1.5 billion to deploy PTC and will likely spend another $500 million. Ultimately, this new technology will be deployed on half of BNSF’s network, the portion that handles 80 percent of its traffic.
But portions of both transcontinental routes will not be operational by the December 31 deadline set by Congress in 2008. Nor will commuter zones in Chicago, Seattle and Minneapolis. Ice says that to avoid operating on PTC-mandated subdivisions where PTC will not be installed before the deadline would force traffic on secondary routes unequipped to handle it and lead to a paralysis of the railroad.
Ice goes on to explain the railroad’s position. First, BNSF reads the law as saying no train can legally operate on a PTC-mandated line if PTC is not in service by December 31, rather than no train carrying hazardous substances. Then he goes on to say: “BNSF, as a matter of law, corporate policy and principle, does not willfully violate safety statues or regulations or ask our employees to do so. The announced enforcement policy by the [Federal Railroad Administration] of imposing fines for non-performance puts BNSF in a position that will be difficult to reconcile with our aforementioned unwillingness to willfully violate safety laws or regulations. BNSF does not believe that it can pick and choose which safety rules must be followed.” Ice adds that were his railroad to operate over lines where PTC is not in place and an accident occurs, the exposure to legal claims and punitive damages would be significant.
Ice is careful in his letter not to say BNSF will refuse to run trains in violation of the law, only that it doesn’t see how it can. But any reasonable interpretation of his language is that the railroad will either coagulate to paralysis or operate at a fraction of its capacity.
The Surface Transportation Board, which regulates railroads, in effect came to the aid of BNSF and other railroads this past week. Its chairman, Daniel Elliott, wrote to Thune to say that railroads can “lawfully suspend service for various reasons, including safety.” In other words, Elliott is saying that the common carrier obligation of railroads is not absolute. Elliott added that CSX has expressed sentiments similar to those of BNSF.
So what does this all mean? I take railroads at their word that they have diligently tried to install PTC by the deadline. Six years ago Congress thought it was giving railroads enough time to do this, and railroads did not object then to that deadline. But implementation has been a disaster. The technology being put in place is largely new. FRA was slow to issue necessary rules. Signal engineers able to put all the pieces together have been in short supply. And then for more than a year everything ground to a halt because the Federal Communications Commission would not issue permits for construction of radio towers and antennae.
Further, as Ice points out to Thune, PTC is full of bugs as railroads roll it out on their networks. Says Ice: “We are seeing the PTC system trigger unnecessary braking events in which trains are stopped with a full-service brake application. This means that significant work has to occur before the train can re-start. These kinds of delays are numerous and cumulatively consume railroad capacity.”
What railroads have sought is an extension of the deadline, something that Congress has thus far refused to act upon because the votes to permit an extension aren’t there. Now the industry is beginning to say fine, we will not disobey the law and as a result we will be able to offer only a fraction of the service our customers depend upon.
My wife Cathie, who spent her corporate career dealing with political life in Washington, calls this “classic DC gamesmanship.” She says the fact that Carl Ice has now publicly laid out a disastrous outcome that neither voters nor shippers can countenance means that the problem will be resolved either by a suspension of the law or an amendment to it pushing back the deadline. Or maybe not. Who knows?
Our political system is full of hypocrites who pass laws yet will not deal with the consequences of those laws. This situation cries for clarity and level-headedness, and we’re seeing little of it in Washington. You wonder why Republicans are flocking to The Donald. This is why. Everyone is hiding from reality—everyone, that is, except a few brave souls such as Carl Ice, who is unafraid to say the ball is in Washington’s court and that we as citizens may end up burning our furniture in the fireplace to stay warm.—Fred W. Frailey
http://cs.trains.com/trn/b/fred-frailey/archive/2015/09/09/bnsf-we-will-be-paralyzed.aspx
Posted by Fred Frailey
on Wednesday, September 09, 2015
125
In a candid letter to a U.S. senator, BNSF Railway’s chief executive, Carl Ice, said September 9 that BNSF would in effect shut down most of its network rather than violate a federal law mandating that positive train control be operational by December 31. CSX Transportation has said it, too, questions whether it should violate federal laws, and other Class I carriers are likely to follow suit. This set up the real possibility of a national transportation crisis at the beginning of 2016. The public may be unaware of how closely the U.S. economy is tied to railroads, but the reality is that without railroads, this country will quickly cease to function normally. Imagine, for instance, no electricity to heat homes.
In his letter to Senator John Thune (R-South Dakota), chairman of the U.S. Senate Committee on Commerce, Science and Transportation, Ice says that the railroad has already spent $1.5 billion to deploy PTC and will likely spend another $500 million. Ultimately, this new technology will be deployed on half of BNSF’s network, the portion that handles 80 percent of its traffic.
But portions of both transcontinental routes will not be operational by the December 31 deadline set by Congress in 2008. Nor will commuter zones in Chicago, Seattle and Minneapolis. Ice says that to avoid operating on PTC-mandated subdivisions where PTC will not be installed before the deadline would force traffic on secondary routes unequipped to handle it and lead to a paralysis of the railroad.
Ice goes on to explain the railroad’s position. First, BNSF reads the law as saying no train can legally operate on a PTC-mandated line if PTC is not in service by December 31, rather than no train carrying hazardous substances. Then he goes on to say: “BNSF, as a matter of law, corporate policy and principle, does not willfully violate safety statues or regulations or ask our employees to do so. The announced enforcement policy by the [Federal Railroad Administration] of imposing fines for non-performance puts BNSF in a position that will be difficult to reconcile with our aforementioned unwillingness to willfully violate safety laws or regulations. BNSF does not believe that it can pick and choose which safety rules must be followed.” Ice adds that were his railroad to operate over lines where PTC is not in place and an accident occurs, the exposure to legal claims and punitive damages would be significant.
Ice is careful in his letter not to say BNSF will refuse to run trains in violation of the law, only that it doesn’t see how it can. But any reasonable interpretation of his language is that the railroad will either coagulate to paralysis or operate at a fraction of its capacity.
The Surface Transportation Board, which regulates railroads, in effect came to the aid of BNSF and other railroads this past week. Its chairman, Daniel Elliott, wrote to Thune to say that railroads can “lawfully suspend service for various reasons, including safety.” In other words, Elliott is saying that the common carrier obligation of railroads is not absolute. Elliott added that CSX has expressed sentiments similar to those of BNSF.
So what does this all mean? I take railroads at their word that they have diligently tried to install PTC by the deadline. Six years ago Congress thought it was giving railroads enough time to do this, and railroads did not object then to that deadline. But implementation has been a disaster. The technology being put in place is largely new. FRA was slow to issue necessary rules. Signal engineers able to put all the pieces together have been in short supply. And then for more than a year everything ground to a halt because the Federal Communications Commission would not issue permits for construction of radio towers and antennae.
Further, as Ice points out to Thune, PTC is full of bugs as railroads roll it out on their networks. Says Ice: “We are seeing the PTC system trigger unnecessary braking events in which trains are stopped with a full-service brake application. This means that significant work has to occur before the train can re-start. These kinds of delays are numerous and cumulatively consume railroad capacity.”
What railroads have sought is an extension of the deadline, something that Congress has thus far refused to act upon because the votes to permit an extension aren’t there. Now the industry is beginning to say fine, we will not disobey the law and as a result we will be able to offer only a fraction of the service our customers depend upon.
My wife Cathie, who spent her corporate career dealing with political life in Washington, calls this “classic DC gamesmanship.” She says the fact that Carl Ice has now publicly laid out a disastrous outcome that neither voters nor shippers can countenance means that the problem will be resolved either by a suspension of the law or an amendment to it pushing back the deadline. Or maybe not. Who knows?
Our political system is full of hypocrites who pass laws yet will not deal with the consequences of those laws. This situation cries for clarity and level-headedness, and we’re seeing little of it in Washington. You wonder why Republicans are flocking to The Donald. This is why. Everyone is hiding from reality—everyone, that is, except a few brave souls such as Carl Ice, who is unafraid to say the ball is in Washington’s court and that we as citizens may end up burning our furniture in the fireplace to stay warm.—Fred W. Frailey
http://cs.trains.com/trn/b/fred-frailey/archive/2015/09/09/bnsf-we-will-be-paralyzed.aspx
Today at 7:07 am by Rocky
» utube 9/16/24 MM&C Iraq Dinar Update - #xrpripple #iraqidinar - Electronic International Payments
Today at 7:07 am by Rocky
» Details of the American role in preventing Iraq from obtaining a Russian air defense system
Today at 7:02 am by Rocky
» MP gives details on the repercussions of the theft of the century and the leaked recording of Hanoun
Today at 7:01 am by Rocky
» MP warns of US ambassador's moves
Today at 7:00 am by Rocky
» Government stresses the need to develop the air transport sector in Iraq
Today at 6:57 am by Rocky
» Al-Sudani stresses the importance of continuing the work of the Iraq Development Fund according to t
Today at 6:55 am by Rocky
» The Central Bank announces a 15.7% decline in Iraqi exports in the first quarter of this year
Today at 6:53 am by Rocky
» Parliamentary condition for passing the amnesty law.. Who are those covered by the fight against ter
Today at 6:50 am by Rocky
» Al-Sudani confirms the government's intention to purchase services from investors
Today at 6:49 am by Rocky
» In preparation for Al-Sudani's visit... Formation of a high committee in Diyala - Urgent
Today at 6:47 am by Rocky
» The first customs point after the "yellow" between the region and the federation in Diyala
Today at 6:45 am by Rocky
» Misfortunes never come singly.. 15% tax on Facebook in Iraq
Today at 6:44 am by Rocky
» After being almost free... the increase in government transaction fees angers citizens
Today at 6:40 am by Rocky
» Private Banks Association: The number of electronic payment points in Iraq increased from 7 thousand
Today at 5:20 am by Rocky
» Customs: AI to enhance risk management in imports
Today at 5:18 am by Rocky
» Ministry of Foreign Affairs through development: It will be a safe corridor for the transport of goo
Today at 5:17 am by Rocky
» Government plans to impose 15% tax on social media sites
Today at 5:16 am by Rocky
» Low prices.. Parliamentary demands to open the land distribution file to officials
Today at 5:15 am by Rocky
» Parliamentary Finance: Securing Employee Salaries for the Years 2024-2025
Today at 5:14 am by Rocky
» 85% of foreign workers in Iraq have “no useful skills”.. This is what they earn annually
Today at 5:12 am by Rocky
» Foreign labor!
Today at 5:11 am by Rocky
» 100 new investment opportunities
Today at 5:10 am by Rocky
» Expatriate workers transfer $2 billion abroad annually
Today at 5:09 am by Rocky
» Al Sabah Finance Committee: The government has developed a plan to increase financial resources to s
Today at 5:08 am by Rocky
» Water Supply Project in Nineveh Plain
Today at 5:06 am by Rocky
» November.. Iraq offers 100 investment opportunities
Today at 5:05 am by Rocky
» Tips to avoid electronic theft
Today at 5:03 am by Rocky
» Trends towards establishing digital banks
Today at 5:01 am by Rocky
» Al-Sudani chairs the regular meeting of the Board of Directors of the Iraq Development Fund
Today at 4:58 am by Rocky
» Investment Authority: Egyptian companies wish to partner in implementing the development road
Today at 4:57 am by Rocky
» Cryptocurrencies suffer losses of more than 2%
Today at 4:56 am by Rocky
» Slight decrease in dollar exchange rates in Baghdad, Basra and Erbil
Today at 4:54 am by Rocky
» Minister of Electricity to Nina: We have maintained the system without any outage and we will adopt
Today at 4:53 am by Rocky
» American report monitors Turkish-Iranian competition in Iraq
Today at 4:52 am by Rocky
» “Interrogation” is almost absent from the fifth session of Parliament.. The absence of the “Presiden
Today at 4:50 am by Rocky
» After Pezeshkian's visit... Will Iraq help isolated Iran lead a new regional alliance?
Today at 4:49 am by Rocky
» Al-Sudani: Continuing the policy of appointment in the government sector is something the state cann
Today at 4:48 am by Rocky
» After 21 years of change.. Challenges and complications threaten Iraq's democracy
Today at 4:45 am by Rocky
» Severe imprisonment for the director of the customs center at Al-Shaib border crossing in Maysan for
Today at 4:44 am by Rocky
» Planning: The numbering and inventory process will continue until the end of next month
Today at 4:43 am by Rocky
» Baghdad Operations talks about the entry of building materials into the regions
Today at 4:41 am by Rocky
» Basra employees demand salary scale adjustment and threaten to close city entrances and exits
Today at 4:39 am by Rocky
» On the International Day of Democracy, UNESCO sends a message to Iraq
Today at 4:37 am by Rocky
» This is what happened between Al-Sudani and Al-Sadr
Today at 4:36 am by Rocky
» Parliamentary Finance Committee: Employees’ salaries are secured for this year and next year even if
Today at 4:34 am by Rocky
» Parliament awaits a session full of disputes after the inclusion of three controversial laws
Today at 4:32 am by Rocky
» Who is responsible for the entry of building materials into agricultural and residential areas?
Today at 4:30 am by Rocky
» Tax on "social media" to secure funds.. Parliamentary Finance Committee reveals the number of months
Today at 4:28 am by Rocky
» 85% of foreign workers in Iraq have “no useful skills”...and they steal more than $2 billion annuall
Today at 4:26 am by Rocky
» What is the fate of the development road project?
Today at 4:25 am by Rocky
» List of dollar exchange rates in Iraq
Today at 4:23 am by Rocky
» Investigation into the file of renting the Baghdad Airport garage.. Its rental value is not commensu
Today at 4:22 am by Rocky
» shots fired around Trumps golf course while he was playing golf about 2:15 cst today 9/15/24 accordi
Yesterday at 2:26 pm by Rocky
» utube 9/12/24 MM&C Iraqi Dinar-#iraqdinar-#xrp-Baghdad-Kurdistan-Historical Meetings-Global Attent
Yesterday at 7:12 am by Rocky
» Government Advisor: E-Governance Application Contributed to Protecting Public Money and Reducing Cor
Yesterday at 7:07 am by Rocky
» At the forefront of which is the Minister of Oil...the wheel of interrogations in Parliament returns
Yesterday at 7:04 am by Rocky
» Iraq and UNAMI discuss mechanisms for implementing Security Council Resolution 2732
Yesterday at 7:01 am by Rocky
» Mr. Al-Hakim: Agriculture can make us independent of oil and reduce dependence on the rentier state
Yesterday at 6:59 am by Rocky
» Algeria establishes a foothold in Iraq's electricity sector
Yesterday at 6:59 am by Rocky
» Ministerial amendments and strengthening the reform program: Al-Sudani’s steps to confront crises
Yesterday at 6:54 am by Rocky
» Economist: The free mass is estimated at 70 trillion dinars and can be invested electronically
Yesterday at 6:51 am by Rocky
» Electricity announces that all its stations will be put under maintenance
Yesterday at 6:47 am by Rocky
» Iraq exports more than two million tons of oil derivatives in 3 months
Yesterday at 5:26 am by Rocky
» Chairman of the Private Banks Association: We have registered more than 13 million accounts and we s
Yesterday at 5:22 am by Rocky
» Government Advisor: These are ways to enhance the great development in the digital payments system i
Yesterday at 5:18 am by Rocky
» Economic Center Calls on the Government to Restructure Airlines and Separate Them from Transportatio
Yesterday at 5:16 am by Rocky
» Al-Sudani: The quadripartite agreement between Iraq, Türkiye, Qatar and the Emirates constitutes the
Yesterday at 5:15 am by Rocky
» Real Estate Bank terminates the assignment of its main branch manager upon his request
Yesterday at 5:14 am by Rocky
» Iraq's oil exports to America rose last week
Yesterday at 5:12 am by Rocky
» Jordan's imports of Iraqi oil decreased by (42%)
Yesterday at 5:11 am by Rocky
» Revealing the most important files that were resolved by the federal government delegation during it
Yesterday at 5:07 am by Rocky
» Tensions are over and goods will be available.. A Kurdish economic view of Pezeshkian’s visit to Erb
Yesterday at 5:06 am by Rocky
» MP: Al-Sudani bears responsibility for obstructing the laws that he withdrew from Parliament
Yesterday at 5:03 am by Rocky
» Al-Sudani snatches the "stay" card from the angry "framework"... and the dispute between them intens
Yesterday at 5:02 am by Rocky
» Al-Sudani: The Iraqi state cannot continue its policy of appointment in the government sector
Yesterday at 5:00 am by Rocky
» Delaying salaries.. Warnings of a “crisis” after two months and the government reassures
Yesterday at 4:59 am by Rocky
» Investment Authority: Opportunities to be presented at the Iraq Forum have completed sectoral approv
Yesterday at 4:57 am by Rocky
» Agriculture clarifies controls on the movement of poultry and its products between governorates
Yesterday at 4:56 am by Rocky
» Religious scholars in Kurdistan: Passing the amendment to the Iraqi Personal Status Law will have ba
Yesterday at 4:55 am by Rocky
» Al-Saabari: Amending the Personal Status Law has become a popular demand
Yesterday at 4:54 am by Rocky
» Baghdad-Ankara Military Agreement... The Terms Go Beyond the Limits!
Yesterday at 4:53 am by Rocky
» Association of Banks: Financial inclusion in Iraq increased by 48.5% during the current year
Yesterday at 4:52 am by Rocky
» Arab Monetary Fund: We are working with Iraq to build national financial strategies
Yesterday at 4:51 am by Rocky
» Prime Minister: We have developed a government program that addresses the real concerns of citizens
Yesterday at 4:50 am by Rocky
» Al-Alaq: 70 digital banks have applied to the Central Bank for a license
Yesterday at 4:48 am by Rocky
» Highlights of Al-Sudani's meeting with Basra dignitaries and farmers
Yesterday at 4:46 am by Rocky
» Al-Sudani: The path of development will transform Iraq into an open country
Yesterday at 4:45 am by Rocky
» Halbousi angry about equipping the Peshmerga with artillery
Yesterday at 4:43 am by Rocky
» Iraq prepares for the upcoming Arab summit
Yesterday at 4:42 am by Rocky
» Iraq imports fruits and vegetables worth $35 million
Yesterday at 4:41 am by Rocky
» Economic Center Calls on the Government to Restructure and Separate Iraqi Airways from the Ministry
Yesterday at 4:38 am by Rocky
» Alsumaria Newsletter: Controversy over laws, deterioration of Baghdad services, and changes in the R
Yesterday at 4:37 am by Rocky
» Oil Minister suffers health problems in the United States
Yesterday at 4:35 am by Rocky
» New York Times: Iraq may receive an Israeli strike... and Baghdad has abandoned its balance
Yesterday at 4:33 am by Rocky
» The dollar continues to rise.. Learn about the exchange rates in the Iraqi markets
Yesterday at 4:31 am by Rocky
» 1000 signatures on the table of 4 parliamentary committees to amend the “Access to Information Law”
Yesterday at 4:30 am by Rocky
» “Money for survival”: Al-Saihoud: Al-Sudani prevented the economics of the parties, so they turned a
Sat 14 Sep 2024, 6:54 am by Rocky
» Iraqi banks are in crisis: structural imbalance, double taxation and deep corruption
Sat 14 Sep 2024, 6:51 am by Rocky