Hotline #33 - May 8, 1998

You can still contact your legislators about the work of the House-Senate conference committee that is reconciling differences between the two ISTEA bills. Passenger rail has two major concerns. The first is adoption of the Senate's language allowing states to choose to spend some of their ISTEA funds on intercity passenger rail -- the "flexibility" language.

On May 1, 23 governors sent a letter to conferees urging adoption of flexibility. Gov. Tom Carper (D.-Del.) led the effort on the letter, and was joined by the governors of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Maryland, Virginia, North Carolina, Georgia, Florida, Kentucky, West Virginia, Ohio, Indiana, Michigan, Wisconsin, Missouri, Nebraska, Colorado, Nevada, Oregon, and Washington. Despite this good letter, flexibility is far from a done deal and legislators still need to hear from individual constituents.

The other major concern is to get language clarifying Amtrak's right to spend appropriated capital funds on any type of maintenance. This clarification is essential since it's unlikely Amtrak will get an operating grant in 1999. ISTEA may be the only bill this year where this can get accomplished. Amtrak is working with Rep. James Oberstar (D.-Minn.) and the Administration on this, but -- again -- support from people back home is important.

The big issue in ISTEA negotiations is the spending level. The Clinton Administration has proposed spending $218 billion for ISTEA programs over seven years, rather than six. This creates problems on Capitol Hill because the higher spending levels approved by the House and Senate were designed to allow a higher annual allocation for each state.

The Administration also proposed moving toward adoption of the concept that federal highway outlays should equal fuel tax receipts. This may find greater favor on the Hill, since it is similar to Sen. John Chafee's (R.-R.I.) proposal.

NARP filed comments with the Federal Highway Administration on May 1 endorsing their proposed penalties relating to grade-crossing violations. As described in our April newsletter, there would be penalties for truck drivers and their employers. NARP and Amtrak have both urged FHWA to require employers to ensure that their drivers are properly licensed and that vehicles are in proper working order, or face a fine.

In 1997, Amtrak trains were in 178 grade-crossing collisions. Twenty-nine of them involved tractor trailers, causing all 56 reportable Amtrak-passenger injuries. There were also 31 reportable injuries to Amtrak employees. Vehicle occupants suffered 52 fatalities and 53 injuries. Amtrak equipment damage totaled about $4.2 million. Amtrak also said it already has paid several million dollars in claims to vehicle occupants and passengers injured in these collisions.

Amtrak made its filing on May 4. On May 5, the northbound Texas Eagle hit a garbage truck on a grade crossing near Hutto, Tex., nine miles west of Taylor. The truck driver was killed. Both locomotives and seven cars derailed; the last coach and 10 box cars at the rear of the train stayed on the tracks. Equipment damage is estimated at about $3.5 million, which works out to more than 80% of all Amtrak grade-crossing damages in 1997. Six Amtrak crew and five passengers were injured. The train's two locomotives and a baggage car tipped over. Two passenger cars were derailed and leaning; four others derailed upright.

Amtrak and Oregon DOT will have public meetings this month to discuss plans for the Portland-Eugene line, including presenting information about Talgo trains. There already was one meeting in Salem, but there is also one tomorrow in Portland, one in Albany May 16, and one in Eugene May 30.