After 22-plus years at Railway Age, I’ve seen these things surface umpteen times. They’re nothing new. Nevertheless, they’re here again, like the weeds that somehow keep coming back, no matter how many times you pull them. Oh bother. . . .
Three “new” (NOT!) pieces of legislation. Where do I start? Let’s try the beginning.
First, there’s Senator Jay Rockefeller (D-W.Va.), who, before retiring, wants to engage, for one last time, in an activity for which he has repeatedly demonstrated an unfailing ability to fail: reregulate the railroads.
Rockefeller’s latest attempt at legislated competition, the Surface Transportation Board Reauthorization Act of 2014 (co-sponsored by South Dakota Republican John Thune), would push the agency to move faster on addressing the revenue adequacy standard, a metric used by the STB to rule on rate challenges; imposing mandatory reciprocal switching; and deciding whether contract bundling hampers shippers from bringing rate cases before the STB. This bill would also allow the STB to launch its own investigation before a complaint from a shipper or railroad was filed. It also would speed up the STB’s review of proposed rates, and provide alternative methods of resolution between railroads and shippers.
Why all this talk about speed? Could the folks at the STB be taking the same long lunches their colleagues at the FRA are taking? Everything needs to happen faster. That’s a hell of a requirement to come out of Congress, which has gotten very good at doing nothing except bickering and being judgmental. If you want speed, how about putting some real money behind high speed passenger trains?
For what it’s worth, here’s Rockefeller’s by-now predictable standard shtick on what’s wrong with the railroads, one last time:
“It is far past time that America had a competitive and efficient rail transportation network. Industries, businesses, consumers, and rail passengers around the country rely on our freight rail system, and when the system or its economic regulatory framework breaks down, so does our economy.”
That, Senator, and about 20 or 30 million bucks, will get you another six years in the Senate to coddle your state’s perpetually whining coal shippers (and campaign contributors) and agree with them on how they’re being fleeced by those greedy, monopolistic railroads. But you won’t need to worry about that much longer.
Harkening back to 2001, when Rockefeller introduced his perpetually DOA Rail Competition Act, he said: “In the past 20 years, the number of Class I railroads in the United States has decreased from more than 40 to six, thus diminishing the opportunity for rail competition. Of the six railroads companies currently operating in the United States, just four carry approximately 90% of all rail freight cargo.”
Well now, we can’t allow that to continue! It’s just too damned efficient!
Senator, with all due respect, why don’t you just let it go? You have more money than you can possibly spend. Enjoy your retirement. If I were you, I’d buy a private railroad car, hire a professional on-board service staff, and go on a cross-country tour coupled up to the rear of an Amtrak long-distance train. Which one? Perhaps the Empire Builder, on which, waiting in a siding in North Dakota for a dozen or so BNSF crude oil trains to clear (at least until BNSF finishes investing $5 billion of its own capital to create more capacity), you can have a stimulating discussion with Matt Rose and Carl Ice and Ed Hamberger about how the railroads are helping this country become energy-independent. Mind if I join you?
Second, there’s Senators Chuck Schumer (D-N.Y.), who adores cameras and microphones, and Richard Blumenthal (D-Conn.), who a couple of months ago came within inches of being smacked down by a passing Amtrak train on a Metro-North platform while trying to conduct, without clearance from the railroad, a press conference on how lax safety is on that railroad. These two want to “overhaul” existing rail safety laws. They’ve introduced legislation, the Rail Safety Improvement Act of 2014 (hmmmm . . . . sounds familiar—wasn’t there an RSIA in 2008? Couldn’t think of a different name?), which would halt what Blumenthal calls “cascading catastrophes.”
Obviously, Blumenthal’s speechwriter enjoys alliteration (OK, ok, so do I).
“RSIA Déjà vu, Volume Two” proposes to:
• Bolster the Federal Railroad Administration’s oversight by authorizing an increase in funding for its safety and operations work. (Well, who wouldn’t like more money?)
• Require greater FRA accountability for unmet statutory mandates, and provide National Transportation Safety Board recommendations to Congress through regular quarterly reports. (Stop dragging your heels! More paperwork! Gotta love it.)
• Strengthen the FRA’s enforcement powers by increasing civil penalties for those who engage in unsafe activities. (Up to a million bucks, a fraction of what most big-time New York Metropolitan area politicians keep in their capacity-crunched campaign coffers. Like my alliteration?)
• Require coordination between the USDOT and Federal Communications Commission to ensure that passenger railroads have access to necessary radio spectrum for PTC. (Actually, not a bad idea, but it’s the freight carriers that really need this happen. Ask Ed Hamberger. He’ll tell you.)
• Require expedited FRA action on the development of rules governing fatigue management plans for railroads. (After all, aren’t those safety people in Washington goofing off every chance they get?)
• Require safer operating practices for the transportation of crude oil and flammable liquids. (Aren’t we already working on this?)
• Require national rollout of a confidential close-call reporting initiative and participation by freight and passenger railroads. (Be aware. Big Brother or Sister is watching you.)
“This major overhaul of rail safety laws will move our nation and our railroads into the 21st century in imposing stronger scrutiny and oversight, better inspection and assuring the standards are higher and that our railroads operate on time with safety and reliability,” Blumenthal said.
If I had a dollar for every time an elected official said “move our nation into the 21st century,” I’d be retired. As far as “moving our railroads into the 21st century,” methinks we’re already there. Have been for about 14 years.
Third, we now have “PRIIA Redux,” the Passenger Rail Reform and Investment Act of 2014. Just change one word (or letter) and the year in the original PRIIA (Passenger Rail Investment and Improvement Act of 2008) and presto! you have an all-new bill that’s going to fix all our passenger rail problems once and for all—with no additional taxpayer dollars! Wow!!
PRRIA is described as “bipartisan legislation that improves the infrastructure, reduces costs, leverages private sector resources, creates greater accountability and transparency, and accelerates project delivery for Amtrak and the nation’s passenger rail transportation system. It was introduced by House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.); T&I Ranking Member Nick J. Rahall, II (D-W.Va.); Railroads, Pipelines, and Hazardous Materials Subcommittee Chairman Jeff Denham (R-Calif.); and Subcommittee Ranking Member Corrine Brown (D-Fla.).
“PRRIA will bring our nation’s rail system into the 21st century,” Denham said. “It reduces costs, strengthens crucial infrastructure, and encourages innovation through partnerships with the states and the private sector. The bill will require Amtrak to operate more like a business and force them to be accountable and transparent to taxpayers.”
There’s that “21st century” reference again. Another dollar toward my retirement. Come to think of it, I might as well add up the number of times “transparent” or “transparency” is used. Ca-ching!
Want more same-old, same-old BS rhetoric? Here’s a few samples from the press release announcing this landmark piece of mid-term-election malarkey:
• “Congress can either sit back while Amtrak and our passenger rail system continue to muddle along without reforms and without improvements, or we can take significant steps forward in improving Amtrak’s transparency and cost-effectiveness, and compelling it to operate like a true business should.”
• “The rail system and Amtrak . . . must be reformed and improved. For years, Amtrak has operated under unrealistic fiscal expectations (true, and the Pope is also a Catholic) and without a sufficient level of transparency (what’s that mean? Dirty coach windows?). Profits from Amtrak’s only profitable route—the Northeast Corridor—currently are not invested back into the NEC.”
Yeah, OK. We all know the Northeast Corridor is profitable. It needs no capital investment at all. No track maintenance is required. The 1930s-era catenary works just fine. It never sags in heat. Never tightens up in sub-freezing temperatures. The signal system never fails. The moveable bridges always open and close flawlessly. The tunnels need no upkeep. Yep, it’s profitable!
So, what will this amazing magic-bullet bill do? Oodles! It has to! Can you imagine how much time was spent devising all this? Check it out (with some commentary):
“Eliminates Amtrak’s losses in food and beverage service (Mica will love that one). Mandates that Amtrak carry out a business case analysis for all major procurements. Eliminates Amtrak’s black-box accounting (what in God’s name is “black-box accounting”?) and requires transparent bookkeeping (is that with a clean computer screen?) aligned with core service functions. Creates station development opportunities for the private sector (been there, done that—look at Washington D.C. Union Station). Opens new revenue streams through right-of-way development. Unlocks an underutilized federal railroad loan program (RRIF). Assists with advancing large infrastructure projects through partnerships with states (been there, done that—Amtrak/NJ Transit/LIRR/Metro-North joint facilities improvement projects). Improves management of the Northeast Corridor (it’s a true railroad—don’t mess with success by separating infrastructure from operations). Incentivizes increased Northeast Corridor investments (how?). Ensures states are equal partners, giving them a greater say in decision-making to ensure passengers get the best service. Strengthens transparency to give states and Congress greater insight into Amtrak’s accounting to identify areas for improvement (huh?). Requires Amtrak to evaluate long-distance routes, improve services, and lower costs (Amtrak is already doing that, thank you very much). Sets hard deadlines to reasonably limit review times (right, just like our gridlocked Congress). Requires reviews to occur concurrently rather than consecutively. Improves coordination among federal, state, and local agencies involved in the reviews.”
Few will dispute that improvements would be a good thing. But all this? Give me a break!
Am I through yet? Almost.
Now, all we need is John Mica (R-Fla.) the “annoying hemorrhoid” (that’s Frank Wilner’s quip, not mine, but I’ll steal—er, borrow—it anyway) to resume his favorite activity: bashing Amtrak’s café car hamburger prices at his local Florida McDonald’s. That’s Soviet-style railroading, comrades! More than 32 million served! Anyone care for an AmChicken sandwich?