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RAILROAD NEWS AND COMMENTARY FROM WASHINGTON BY WES VERNON Hamberger To Congress: Where Have You Been?


THE MAN WHOSE WASHINGTON VOICE speaks for America’s freight railroads thinks it’s one thing at times for Congress to haul freight railroad spokesmen before committees about the service freight railroads are offering America. But surveying congressional failure to get moving on the industry’s initiative to add more trackage to the property nation- wide, Edward R. Hamberger stops just short of saying, “We told you so. We warned back in ’06 and ’07 that America’s rail system was ap- proaching capacity, and that unless we add to the railroads’ infrastructure, traffic will slow down, complete with all the necessities of life Americans expect to have available, and which the railroads deliver.” We told you so? In an interview with this


column, Mr. Hamberger, President of the As- sociation of American Railroads (AAR) might have felt justified in stating all of the above. The inadequate infrastructure makes the news primarily through the headline-attract- ing crude oil accidents. But it has been an on- going mess and, by implication, the question posed is whether the jam-up might have been partially or completely avoided had the feds acted on the capacity issues in the legislation the railroads wanted enacted years ago. The industry would have constructed on


the national level an infrastructure program similar to the regional CREATE project. That plan now is in the process of seeking to untan- gle the winding (and sometimes confusing) outdated rail infrastructure in the Chicago area. The design of some of the Windy City’s rail infrastructure from all directions dates almost back to Chicagoland’s earliest years as America’s railroad center. The national model? AAR’s proposal of


almost a decade ago, or CREATE writ large, would have divided up the costs of its mam- moth undertaking. Each stakeholder would have paid a share of the pay-in in propor- tion to the extent it received direct benefits. These paying beneficiaries would have in- cluded cites, states, regions, perhaps large customers, and other communities served by the project, as well as the operating railroads providing the service, while in the process ac- quiring more paying customers. The term “a national CREATE” was used by Ed Hamberg- er in our discussion. The national work was held up in part by


some objections on Capitol Hill, though Ham- berger acknowledges lawmakers did agree to go along with a public/private partnership idea. That is progress, but he believes we still need the national CREATE program. It is not hard to envision some (perhaps prolonged) discussion that might have ensued over ex- actly how costs would have been allocated and who receives the most benefits; and is the distribution “fair?” Railroads doing their job (and then


some): Edward Hamberger argues that what- ever barriers are in the way, the rail industry will overcome them. When I cited the expected expanding population in future years and de- mands it would generate on the already over- crowded railroads — both freight and passen- ger — and raised the question as to whether


(at some point) push might come to shove, this was his answer: “No, we’ve spent the last de- cade close to 40 percent of our revenue main- taining and expanding our network.” All of this, the veteran railroader maintains,


means the rail companies are (quickly) “ex- panding to accommodate changes in the mar- ketplace.” For example, “we quadrupled track in the Powder River Basin.” [And after sinking all that money into that one large operation as long as it was viable, he adds, “[T]hat demand [at Powder River Basin] is no longer there.” But he notes, “Demand has sprung up in other places around the country.” That means flexibility, the industry boasts,


to pivot as quickly “as the market demands.” Hamberger pronounces the freight rail in- dustry as “ready to hire, ready to buy more locomotives, more cars, put more steel in the ground...” And just in case his interviewer missed the point, he added, “So I don’t think push will come to shove… I think we will get to the point where…” At which juncture…: It was right then


that Hamberger stopped himself in mid-sen- tence to observe, “Y’know, it is frustrating to me that last year I had to testify about ser- vice. What I wanted to say was...” Suddenly, perhaps surprisingly, he broke into his count- er-complaint mentioned here earlier, “Where have you been the last ten years, Congress?” He then went on to remind us “there will al- ways be challenges and changes in the mar- ketplace.”


Safety Control: Progress?


Of course, 2015 is — or at least was — the year where a different “push comes to shove” is noted. On December 31, all applicable safety rules stemming from recent accidents must be in place on the major rail carriers in America. As of this writing, and as we were reminded by our high-ranking interviewee, the Senate Commerce Committee has voted for a five-year extension on the PTC (Positive Train Control) deadline, on “a 21 to 3 vote.” Moreover, the measure enjoyed the sponsor- ship of 11 of the panel’s membership. Similar- ly in the last Congress, the House Transpor- tation and Infrastructure (T&I) Committee also voted for the five-year extension. Last year at a congressional hearing, Ham-


berger bristled when told that some passen- ger train interests had suggested the freight carriers were “slow-rolling” the PTC safety process in anticipation of a “friendlier” ad- ministration as a result of next year’s presi- dential election. Here’s what the rail chief said when we


asked him about that in our discussion: “I want to say this under oath, though I’ve nev- er been sworn in — but I have testified on the record that I have — because I was asked that question — that my CEOs have direct- ly, explicitly, told me to say to Congress that [allegation] is false, not true, we are not in any way — walking from this mandate after spending four billion dollars — let’s get the damn thing done. That is what our intent is. That is our goal.” So what’s the hang-up? There are a number


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