Hotline # 696 -- March 4, 2011

The Supreme Court of Florida ruled against a lawsuit filed by supporters of the Tampa-Orlando high-speed rail project this morning.  U.S. Transportation Secretary Ray LaHood has already released a statement implying that the $2.4 billion originally awarded to Florida could be redistributed to high-speed rail programs in other states, which would effectively end Florida’s high-speed ambitions for the foreseeable future.

The Court denied a petition filed by state Senators Thad Altman (R-Rockledge) and Arthenia Joyner (D-Tampa), who argued that Governor Rick Scott (R) exceeded his constitutional authority and violated the separation of powers under the Florida Constitution in denying federal high-speed rail funds.  The ruling stated, in part:

“Based on the limited record before the Court and a review of the federal and state law relied on by the parties, the Court has determined that the petitioners have not clearly demonstrated entitlement to quo warranto, mandamus, or any other relief. Accordingly, the emergency petition is hereby denied.”

The response from the U.S. Department of Transportation, which had extended the deadline to accept the funds through today, was immediate.

“The Obama Administration’s bold high-speed rail plan will not only create jobs and reinvigorate our manufacturing sector in the near term, it is a crucial and strategic investment in America’s future prosperity,” LaHood said in a prepared statement. “I know that states across America are enthusiastic about receiving additional support to help bring America’s high-speed rail network to life and deliver all its economic benefits to their citizens.”
U.S. Sen. Bill Nelson (D-FL) reportedly is not giving up.  As he sees it, and as reported at http://www.postonpolitics.com, LaHood “is considering reopening the grant process [and this] could allow the money to then be awarded directly to a new regional rail coalition comprised of local governments including the cities of Tampa, Orlando, Lakeland and Miami. ‘If it can’t be done, then we’re done,’ Nelson said in statement. ‘Meantime, there’s an old proverb: fall seven times, stand up eight.’”

Senators in Rhode Island and Maryland’s governor have already publicly stepped forward saying their states are ready to put the money to good use.

The ruling is a bitter disappointment for local communities throughout the state, who had looked forward to the 24,000 jobs the project was expected to create.  The mayors of Tampa, Lakeland, Orlando and Miami sent a joint letter to Governor Scott saying they struck a deal with the private sector to close the $300 million funding gap and cover any cost overruns.

“We have addressed all of the governor’s concerns,” said Tampa Mayor Pam Iorio (D). “We have structured this so that if there were cost overruns the private sector would take care if it.”

Governor Scott has failed to address the mayors’ proposal.


An agreement has been reached that will secure Washington State $590 million in high-speed rail funds to improve the Amtrak Cascades rail corridor between Portland, Oregon and Seattle, Washington Governor Christine Gregoire (D) announced last week.

The deal between the Washington State Department of Transportation (WSDOT), the host Burlington Northern Santa Fe (BNSF) Railway, and the Federal Railroad Administration (FRA) was announced February 26.  It guarantees Recovery Act money awarded by the FRA in early 2010.  The project will create more than 6,000 direct and indirect jobs in the Pacific Northwest.

[Read NARP President Ross Capon’s blog entry on the agreement.]

“Signing this agreement now means work can begin during this year’s construction season,” said WSDOT Secretary Paula Hammond. “Ultimately, the goal is to boost the rail-line capacity and relieve mainline congestion, allowing Amtrak Cascades to offer more frequent and reliable passenger rail service between Portland and Seattle.”

Performance standards included in the agreement will ensure passengers will see two additional daily roundtrips between Seattle and Portland, for a total of six (not counting the Coast Starlight).  The investment also includes building bypass tracks to allow for increased train frequency, a 10 minute reduction in travel time, and reliability improvements of up to 88%.  The Port Defiance bypass lets Amtrak avoid the only single-track segment of the route and shortens the Seattle-Portland run by six miles.  The entire work program is to be completed by 2017.

BNSF and WSDOT reached a separate agreement that provides a blueprint for how money will be spent, and what the state can expect in return for investing in the tracks owned by the freight railroad.

“This is an important milestone in our longstanding relationship with WSDOT to fund improvements for additional and improved passenger service in the Cascades corridor,” said Matt Rose, BNSF Railway chairman and CEO.

U.S. Transportation Secretary Ray LaHood was quick to give his support for the milestone.  “I am thrilled to congratulate the State of Washington, BNSF, and Amtrak for their contributions to the agreement signed today by the Federal Railroad Administration and Washington…” said LaHood.  “Thanks to the hard work, dedication, and flexibility of all parties involved in the negotiations, this agreement will immediately put Washingtonians to work in good paying jobs, significantly improve rail service for commuters and travelers, and preserve the world-class freight rail system America has today.”

With the signing of this agreement, U.S. DOT says five of the six high-speed rail corridors that require coordination with freight railroads now have a signed agreement in place.


U.S. Senators Frank Lautenberg (D-NJ) and John Rockefeller (D-WV) issued a call to the leaders of the Senate Appropriations Committee to protect Amtrak and the High-Speed and Intercity Passenger Rail program from the attacks of House Republicans.

The House recently passed a continuing resolution (C.R.) that would fund the government for the remainder of fiscal year 2011.  The C.R. slashes Amtrak’s capital funding to $850 million, which is $151.6 million below the 2010 level and $202 million below President Obama’s request.  Amtrak says this level would force the furlough of 1,600 workers and eliminate heavy overhauls on cars and locomotives.

“The House Republican plan would cause the loss of jobs and create crippling congestion,” stated Lautenberg, Chairman of the Commerce, Science and Transportation Subcommittee on Surface Transportation, in a prepared statement. “In New Jersey, thousands of rail passengers who use Amtrak and the Northeast Corridor every day would be affected by more service disruptions and longer commutes.  At a time when we need to create jobs and improve rail access, the Republican plan would take commuters out of trains and ensure that more cars pack our already congested highways.” 

The Senate Appropriations Committee seems to be in agreement with Lautenberg and Rockefeller.  The Committee released a response to the House C.R. today which would would cut only $51 billion from the President’s FY2011 request (compared to the House’s $100 billion in cuts), and fund Amtrak at FY2011 levels.

“The nation needs a world class passenger rail system to help power the economy and keep people moving efficiently, and safely,” argued Rockefeller, who is Chairman of the Commerce, Science, and Transportation Committee.  “The House’s short-sighted budget cuts would reverse the great progress we’ve made and hinder the job growth our rail industry supports.  This cannot happen.  A modern passenger rail network offers a real solution to the energy, environmental, and transportation congestion problems we face in the 21st century and we should continue to make investments in this infrastructure which will create jobs and make our rail system top notch.”

The full Senate is expected to debate the bill next week.


Amtrak Police Chief John O’Connor has temporarily barred the Transportation Security Administration’s Visible Intermodal Prevention and Response (VIPR) teams from Amtrak property following an incident in the Savannah, Georgia train station.

“When I saw it, I didn’t believe it was real,” O’Connor said, referring to a viral YouTube video of a VIPR team performing airport-style inspections of passengers and their belongings in an Amtrak station.  The police chief said when he realized the video was authentic, “I hit the ceiling”

Because train stations often act as hubs for community activity—as opposed to airports, which function only to accommodate people in transit—a broader range of activities and movements have to be taken into account.  TSA’s lack of awareness of these facts actually led to the inspection of passengers getting off the train

O’Connor says he is barring the TSA from Amtrak property until a firm agreement is reached that will ensure that TSA officers adhere to Amtrak policy.  Amtrak police only perform random bag searches, and there is no wanding or pat-downs of passengers.


Amtrak focused its seventh Civic Conversation on assisting communities looking for ways to improve, redevelop or restore train stations to better meet skyrocketing demand for passenger rail service. The forum was held March 3 in Huntington, West Virginia and highlighted communities located along the Cardinal route (New York–Cincinnati–Chicago).

The event featured a presentation from the Mayor of Osceola, Iowa, who shared how the city secured funding to successfully restore the busiest Amtrak station in the state.  Several other restoration case studies were offered.

Amtrak created the GreatAmericanStations.com website as an online resource for communities looking to become involved in the initiative to rebuild and revitalize train stations to their former role as a major hub for community activity in America.  The website allows for the exchange of useful ideas and information, and “provides information on current station projects, individualized station information, benefits of the restoration initiatives, tips on how communities can start a station renovation project, and daily updates on Amtrak-related news items.”


Airlines increased ticket prices again last week in response to increased oil prices.

Industry leader Southwest airlines raised round-trip prices by $10 on late last month.  The move was quickly mimicked by United Airlines, American Airlines and Delta Air Lines within just days.

A representative of Southwest attributed the increase to rising fuel prices.


Travelers’ Advisory

• Extremely heavy snow and whiteout conditions halted Empire Builder service between Spokane, Washington and Whitefish, Montana from Saturday through Wednesday this week.  Burlington Northern Santa Fe crews were working until yesterday to clear the tracks. Through service resumed with Thursday’s departures of train 7 from Chicago and train 8 from Seattle. “We’ve experienced extreme weather conditions from Cut Bank through Glacier (National Park),” BNSF spokesman Gus Melonas said March 1.  “We have had crews working around-the-clock to keep the switches open.”
• Another landslide halted service on Amtrak’s Cascades route this week.  The slide occurred the morning of March 1.  It took the crews of host railroad BNSF until yesterday to restore track for passenger service. Spokesman Marc Magliari told reporters Amtrak provided charter bus service between Portland and Seattle while service was halted.