From Progressive Railroading.

The U.S. Department of Transportation announced recipients of the state intercity passenger-rail grant program. The Federal Railroad Administration awarded grants totaling $30 million for 15 projects designed to reduce delays and expand capacity on existing passenger-rail routes, or launch new intercity service.

The states that received grants are:

Arizona -- $1 million to conduct an Environmental Impact Statement (EIS) for a new service in the 140-mile Sun Corridor between Phoenix and Tuscon;

California -- $5 million for a 4.5-mile double-track project in the San Joaquin Corridor to reduce Amtrak delays;

Illinois -- $1.5 million to install Centralized Traffic Control on a 24.7-mile segment of the Chicago-to-St. Louis corridor between Joliet and Mazonia, and $1.8 million to install a cab signal system on an 118.4-mile segment between Mazonia and Ridgely;

Maine -- $500,000 for Portland-area track improvements;

Minnesota -- $1.1 million for a Programmatic EIS for a 150-mile Twin Cities-to-Duluth high-speed rail line;

Missouri -- $3.3 million to build a passing track near California, and complete preliminary engineering for a second passing track in Knob Noster;

New York -- $1.22 million for track and signal improvements at Albany-Rensselaer Station;

Ohio -- $62,500 for a planning and alternatives analysis for the proposed Cleveland-Columbus-Dayton-Cincinnati corridor;

Vermont -- $450,000 to replace one mile of rail and re-deck four bridges on the state-supported Vermonter route, and $581,775 for a two-mile track reconstruction project near Rutland;

Virginia -- $2 million to construct a third track south of Fredericksburg Station;

Washington -- $6 million to conduct preliminary engineering and an environmental review, and acquire right of way for a 1.2-mile segment of the 19.5-mile Point Defiance Bypass project between Tacoma and Nisqually; and

Wisconsin -- $5 million to install 17.8 miles of continuous-welded rail between Milwaukee and the Wisconsin/Illinois border, replacing the last sections of remaining jointed rail on the Milwaukee-to-Chicago corridor, and $297,000 to conduct an alternatives analysis and planning study for the Midwest Regional Rail Initiative.

In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.

Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees' use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.

The uses of electronic devices that are restricted by the Emergency Order include:

the use of a mobile telephone or another electronic or electrical device to conduct an oral communication;

placing or receiving a telephone call;

sending or reading an electronic mail message or text message;

playing a game;

navigating the Internet;

playing, viewing, or listening to a video;

playing, viewing, or listening to a television broadcast;

playing or listening to a radio broadcast other than a radio broadcast by a railroad;

playing or listening to music;

executing a computational function; and

performing any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task.

All personal electronic devices -- electronic devices not supplied by the railroad -- must be turned off and any electronic earpieces must be removed while a train is moving; the only exception is that, when radio failure occurs, wireless communication devices may be used in accordance with railroad rules and instructions. Personal electronic devices also must be turned off with electronic earpieces removed when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train (e.g., during an air brake test). Operating employees may not use personal electronic devices for any purpose other than voice communications.

The use of a railroad-supplied electronic device by a locomotive engineer (including a remote-control locomotive operator) is prohibited while the train is moving or when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train. An operating employee other than a locomotive engineer may use a railroad-supplied mobile telephone or remote computing device in the cab of a locomotive for an authorized business purpose, after a safety briefing, provided that all assigned personnel on the crew agree that it is safe to do so.

A railroad operating employee may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. However, use of the device shall not excuse the individual using the device from the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad's operating rules and special instructions.

For freight train crewmembers, a railroad operating employee may not use a railroad-supplied electronic or electrical device for an approved business purpose while on duty outside the cab unless the following conditions are met: (1) the employee is not fouling a track; (2) no switching operation is underway; (3) no other safety duties are presently required; and (4) all members of the crew have been briefed that operations are suspended.

The Emergency Order does not restrict an operating employee from using the digital storage and display function of a railroad-supplied electronic device to refer to a railroad rule, special instruction, timetable or other directive. In addition, operating employees may use wireless communication devices as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing duties for the railroad.

In addition to being subject to discipline or dismissal for violating a railroad operating rule governing the use of electronic devices, willful violation of the Emergency Order could subject the violator to a substantial civil penalty. FRA also could move to disqualify a violator from performing safety-sensitive service temporarily or permanently.

BLET National President Ed Rodzwicz endorsed the Emergency Order on behalf of BLET members. "We applaud the NTSB for bringing this information forward promptly, and the FRA for acting quickly," Rodzwicz said. "Sadly, the use of electronic devices has literally become a life and death issue for all operating employees and compliance with the Emergency Order must be absolute," added Rodzwicz.

Click here to view or download FRA Emergency Order 26 in PDF format (30 pages):
http://www.ble-t.org/pr/pdf/FRAEmergencyOrder26.pdf

From the Federal Railroad Administration on October 1.

"Today's announcement by the National Transportation Safety Board regarding the tragic Metrolink crash has made it clear that the use of cell phones and other personal electronic devices must be immediately addressed. The bottom line is railroad operating employees cannot focus on their critical safety functions while engaging in phone conversations, texting or any other form of unessential electronic communication, often in violation of railroad operating rules.

"The consequences of inattentiveness and distraction are simply too catastrophic to be addressed at the operator or state level alone. As a result, we will issue an emergency order explicitly prohibiting the use of personal electronic devices by railroad employees while operating trains and in other settings. Everyone involved with rail travel deserves the full attention and focus of train operators, without exception and without excuse."

From Progressive Railroading.

Canadian Pacific Railway's year-long quest to acquire the Dakota, Minnesota & Eastern Railroad Corp. (DM&E) is over.

Yesterday, the Surface Transportation Board (STB) gave its final blessing to the CPR/DM&E marriage, which includes the DM&E's Iowa, Chicago & Eastern Railroad Corp. (IC&E) subsidiary. The board's final decision takes effect on Oct. 30. The DM&E and its subsidiaries -- which control more than 2,500 miles of track in Illinois, Iowa, Minnesota, Missouri, South Dakota and Wisconsin -- now will merge their operations with CPR.

The board determined that the acquisition "encompasses minimal operational overlap among the involved railroads; no shipper will lose the option of competitive rail services as a direct result of the transaction," STB members said in the decision. They also ruled that the transaction won't create a monopoly or restrain freight surface transportation trade in any U.S. region.

"The DM&E is an excellent fit for Canadian Pacific, making this a strategic end-to-end addition to our network," said CPR President and Chief Executive Officer Fred Green in a prepared statement. "CPR customers will have direct single-line access to the Midwest U.S. markets and the Kansas City gateway, which will improve fluidity to and from the Southwest U.S. and Mexico. DM&E and IC&E customers will have access to single-line haul opportunities to new markets and access to CPR's car fleets."

However, the STB placed several conditions on the acquisition, which was first proposed in September 2007. One addresses potential environmental impacts of future coal train moves over CPR and/or DM&E lines if the Class I decides to construct a new line into the Powder River Basin (PRB), as long proposed by the DM&E.

The STB ruled that CPR and its holdings can't transport any coal originating on the new PRB line until the board prepares an Environmental Impact Statement addressing the environmental impacts of those moves and issues a final decision that allows those operations to begin.

The STB also imposed a condition that calls for continuing an ongoing safety integration plan review process, as well as standard labor-protection conditions.

But the board's conditions aren't enough to address "significant safety concerns" posed by the proposed PRB project, according to the Rochester Coalition, a group of Rochester, Minn., business and government leaders -- including Mayo Clinic officials -- who long have opposed the project. The STB has ignored the requests for a more thorough review, and will "require future assessment and oversight only if the Canadian Pacific decides to proceed with the DM&E's controversial PRB expansion," coalition officials said.

"The coalition has never opposed the Canadian Pacific's acquisition of DM&E," said coalition spokesman Chris Gade. "While not surprised by the ruling, we are nonetheless disappointed that our reasonable safety concerns weren't addressed. This failure to protect our community against increased rail traffic and speeds places us at significant risk."

The Senate voted Monday to invoke cloture and will vote on H.R. 2095 on Wednesday. The legislation, which combines elements of both H.R. 2095 and S. 1889, along with the Amtrak legislation passed by the House and Senate, passed in the House by voice vote September 24.

The legislation was put on a fast track to passage largely due to the collision between a Metrolink train and a Union Pacific freight train on September 12. The safety portion of the legislation contains provisions mandating the implementation of Positive Train Control by 2015, which could have prevented the Metrolink-UP collision.

The legislation limits railroad operating crews to a maximum 276 hours per month, including limbo time. It limits limbo time to 40 hours a month the first year after enactment and 30 hours a month thereafter.

"In any piece of legislation, you aim high and hope that others will aim high with you," BLET Vice President & National Legislative Representative John Tolman said. "The Legislative Department worked hard, having several State Legislative Board Chairmen, General Chairmen and Vice Presidents lobbying with us to help craft the best bill possible, but unfortunately, we didn't get everything we asked for."

Some other rail safety provisions include:

Targeted fatigue countermeasures: a railroad's plan shall take into account the varying circumstances of operations by the railroad on different parts of its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances. The plan should also address the following:
-- Employee education.
-- Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.
-- Scheduling practices for employees, including innovative scheduling practices, on duty call practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss.
-- Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employees' circadian rhythm.
-- Alertness strategies.
-- Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad carrier.
-- The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents.
-- Avoidance of abrupt changes in rest cycles for employees.
-- Additional elements that the Secretary considers appropriate.

10 hour call pilot project and scheduled call pilot project.

Labor and management can negotiate alternative hours of service plans.

Existing hours of service law shall apply to commuter, short haul passenger carriers, or intercity carriers until regulations are issued by the Secretary within three years after the law is enacted.

Implementation of positive train control by 2015.

Mandating prompt medical attention for injured railroad employees.

Provides for a study of the locomotive cab environment.

Mandating critical incident stress debriefing.

Mandating a study of railroad employee exposure to nuclear radiation.

Requiring require railroads to provide emergency escape breathing apparatus with respiratory protection for all crewmembers in locomotive cabs.

The bill authorizes $13.06 billion over five years for passenger rail -- more than $2.6 billion annually for Amtrak, intercity passenger rail, and high speed rail programs, which is almost double what the U.S. is currently spending.