TBO.com - Tampa Bay Online
CSX Deal Key To Future Commuter Rail Projects
ADVERTISEMENT
Published: July 1, 2008
I want to respond to your recent editorial related to the pending Central Florida future commuter rail projects. Your editorial ("Broad Support For Rail Transit Will Follow Smart, Statewide Plan," Our Opinion, May 11) stated that "all major urban areas need the same thing - a practical alternative to the automobile, especially for commuters" and I strongly concur with that accurate observation. However, if state legislative approval of liability issues is not granted for the Central Florida commuter rail project, Tampa could also be adversely affected.
In fact, there will be no additional commuter rail in any area of the state if some liability provisions are not extended to the Central Florida Commuter Rail project and other future commuter rail projects. Since Florida is purchasing 61 miles of right-of-way from CSX and Florida will own the track, just as they do in South Florida, the same terms of liability need to be provided for both Central Florida's system and any future system.
In fact, contrary to misstatements about the proposed liability provision, CSX is not free from liability if it causes a wreck or is negligent under the provisions of the agreement. If only a freight train is involved in an accident, CSX pays for 100 percent of injury or damage. If only a commuter train is involved in an accident, FDOT pays 100 percent of injury or damage. If a freight train and commuter train collide, CSX pays 100 percent of damage or injury to its equipment and people; FDOT pays 100 percent of damage or injury to its equipment or people; and CSX and FDOT each pay 50 percent of any third party damage resulting outside the rail corridor. This is a no-fault agreement, and all commuter railroads across the country that share tracks with a freight railroad provide similar liability protection for the freight railroad.
A recent House Committee on Transportation and Infrastructure staff review of all U.S. commuter rail systems verified that all systems provide liability insurance provisions for freight railroads, and in fact, 17 of 23 systems provide equal or greater financial liability protection than that currently in place for Tri Rail and that proposed for CSX.
Your statement that Florida gave CSX the right to run an unlimited number of freight trains through Polk County is also inaccurate. In fact, CSX already owns right-of-way and mainline freight rail tracks through Polk County. Their operations are regulated by the Federal Railroad Administration, not the state of Florida. With ownership of those lines and the right-of-way, CSX can run as many or as few trains as capacity will allow. In fact under federal railroad preemption, states and localities do not regulate train traffic nor are hearings, notices, or approval required in order to increase freight traffic. CSX chose to build an intermodal site near Winter Haven and has announced it will proceed with the project regardless of the Central Florida Commuter Rail Project.
Your statement that the Tampa Bay area needs a regional mass transportation plan that includes Polk County and the Lakeland area is something I have also advocated and will continue to support. However, since CSX owns most of the rail right-of-way, how would we expect the railroad to deal with us later if we reject the pending agreement to purchase the 61-mile corridor in Central Florida and abandon the terms of liability that have been in place since 1988?
When Lakeland area officials raised concerns about additional freight rail traffic, I insisted that the Federal Transit Administration, even though not required by the Federal Railroad Association (FRA), conduct a noise, vibration and rail highway crossing review. That recently completed report, in fact, found "negligible impact."
The terms negotiated between Florida and CSX for the purchase of 61 miles of right-of-way through suburban Orlando are very much in the public interest. The sale price is based on two certified appraisals and comparable to expenditures for rail right-of-way in South Florida over the past 20 years. The state will also gain dispatch control over both Central Florida and South Florida's commuter operations, which it currently lacks. This will immediately allow more frequent and reliable commuter rail service in South Florida and will permit the Central Florida system and future systems to expand service levels as demand increases. Even a cursory review of the agreement indicates that these are terms that will serve the public interest.
In the past, I have assisted the Tampa Bay area in demonstrating commuter rail technology, and worked with supporters of the Hillsborough Area Regional Transit Authority to develop and expand service. I remain committed to help bring cost-effective transportation alternatives to all areas of Florida.
John Mica of Orlando represents District 7 in the U.S. Congress.
TBO.com - Tampa Bay Online Member Agreement | Privacy Statement | Work With Us
