Ryan Randazzo

The Republic | azcentral.com

Regulator Tom Forese says railroads intimidate Arizona community leaders

He said various city officials have complained to him that they can't add new crossings

He wants to investigate higher penalties from the commission

Regulator Tom Forese is suggesting higher fines for railroads that violate safety rules and said he is frustrated by the railroads because elected officials say they are afraid to challenge the rail companies.

He said that some city officials would like new crossings, but the railroads often either balk at the suggestions or agree to them only if they can remove crossing elsewhere.

"They are afraid of retaliation," said Forese, one of five members of the Arizona Corporation Commission, which regulates rail crossings. "They are afraid of where they will park their trains or get even with them."

Burlington Northern Santa Fe and Union Pacific are the two major freight operators in Arizona, with tracks crossing through dozens of communities throughout the state.

Dispute with Honeywell

One dispute with Union Pacific that flared up recently threatens the Honeywell Aerospace facility in Phoenix near 34th and Washington streets. The railroad has indicated it would like the crossing closed.

Honeywell spokesman Scott Sayres said the companies are working on a compromise.

"We manufacture some of the greatest aircraft engines in the world at our Phoenix 34th Street facility and provide thousands of good, local jobs," he said. "We’re talking with Union Pacific to ensure that site stays open with the necessary access. We have safeguards in place, including 24-hour security, at the railroad crossing for the safety of our employees and our Phoenix area neighbors. Our proposal to Union Pacific includes additional crossing guards installed at Honeywell’s cost. We are unaware of any incident involving Honeywell or its employees at this railroad crossing in more than 35 years of operation.”

Union Pacific spokesman Justin Jacobs did not directly address the assertion from Forese that railroads use intimidation against city officials, or the dispute with Honeywell.

"Safety is a top priority for Union Pacific," Jacobs said. "As a company, we continuously look for innovative approaches to enhance the safety and security of our employees, our communities and the customers we serve."

Jacobs said an example of the company's commitment to safety was seen Tuesday when Union Pacific took part in a safety-outreach event in Phoenix.

Burlington Northern spokeswoman Lena Kent similarly said that safety is key to the company, which spends about $95 million annually on crossing maintenance and improvements.

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She said the railway has been addressing problems where crossings along Grand Avenue intersect other streets at odd angles.

"Improvements are underway at some of the crossings using federal Section 130 funds," she said.

"The unusual angles created between Grand Avenue, the paralleling railroad tracks and the intersecting cross streets create significant engineering challenges as vehicle traffic has greatly increased over the years," she said.

Increasing safety

Phoenix and the Arizona Department of Transportation are working to secure federal funds for some crossings. One example is at 35th Avenue and Indian School Road, she said, where BNSF and ADOT are close to completing a project to add flashers, gate arms and other safety features. The crossing was recently highlighted as one of the most dangerous in the nation in a federal report.

Forese said that although city council members in areas with dangerous railroad crossings might be intimidated, he will not be.

Current civil penalties from the commission are capped at $2,000 per event and $200,000 for any series of events. Forese wants to investigate whether they can be increased.

Forese filed his comments to a docket opened in May by Chairman Doug Little in response to a national report that identified five of the 15 most dangerous railroad crossings in the nation are in Maricopa County, three in Phoenix and two in Glendale.

Forese declined to identify which city officials have complained to him about their interactions with railroads or which railroads are causing problems.

"I've had city council members and mayors confide in me," he said. "They don't want to come out and have retaliation from the railroads. ... The railroads believe they are above the law."

Forese said when communities ask to add railroad crossings, companies like Union Pacific require them to identify three other existing crossings that can be closed before they will discuss allowing a new crossing.

The concept of "crossing consolidation," or closing old crossings, is actually a formal policy for the railroads and something endorsed by the Federal Railroad Administration.

Reducing number of crossings

The railways aim to reduce the number of places where roads, trails and bike paths cross tracks to reduce the likelihood of people getting hurt.

"Railroad companies have had a history of malfeasance in Arizona, which has resulted in unsafe conditions in our neighborhoods," Forese wrote. "The commission needs to consider much more robust safety and maintenance requirements than those existing on the books today."

Earlier this year the commission voted to hire two more rail inspectors.

No deaths have occurred at the Arizona crossings on the federal list in the past decade, but they rank high nationwide because of the number of accidents and injuries. Those Arizona crossings and the number of incidents and injuries at each during the last decade: