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Aging Rail Infrastructure: Litigation Locomotive or Train to Nowhere? Keith Borman Vice President & General Counsel American Short Line and Regional Railroad.

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Presentation on theme: "Aging Rail Infrastructure: Litigation Locomotive or Train to Nowhere? Keith Borman Vice President & General Counsel American Short Line and Regional Railroad."— Presentation transcript:

1 Aging Rail Infrastructure: Litigation Locomotive or Train to Nowhere? Keith Borman Vice President & General Counsel American Short Line and Regional Railroad Association Park City, Utah January 22, 2016

2 US Class I Rail Network

3 US Class II & Class III Rail Network

4 TANK CAR DERAILMENTS, FIRES AND EXPLOSIONS * Some Short Lines Interchange with more than 1 Class I

5 LAC MAGANTIC July 2013 * Some Short Lines Interchange with more than 1 Class I

6 CSX Lynchburg VA Tank Car Fire, April 2014

7 ‘SPERRY’ CAR

8 July 2012 Columbus Ohio NS Tank Car Derailment

9 Rail Bridges & Trestles

10 No Fatality due to structural defect in 60 yrs

11 Rail Bridges & Trestles No Fatality due to structural defect in 60 yrs FRA supervises safety of all US rail bridges

12 Rail Bridges & Trestles No Fatality due to structural defect in 60 yrs FRA supervises safety of all US rail bridges Older bridges designed for heavier locomotive era

13 Rail Bridges & Trestles No Fatality due to structural defect in 60 yrs FRA supervises safety of all US rail bridges Older bridges designed for heavier locomotive era 2016 “FAST” Transport bill authorized ‘reasonable’ local government inquiries

14 Rail Bridges & Trestles Bridge aesthetics do not determine integrity

15 Meridian & Bigbee RR Bridge

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17 Amtrak Portal Bridge

18 Proposed New Portal Bridge

19 Class II & III Aging Infrastructure Pre-deregulation decline as strategy Post-deregulation Class I RR “rationalization” ICC sunset and dawn of Entrepreneur Era Infrastructure solutions: – Private Public Partnership – Rise of holding companies – Tax Credits, Grants & Federal Loans

20 Central OR &Pacific Cow Creek Tunnel

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23 Carolina Southern

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26 Mt. Hood Railroad before 45(g)

27 Mt. Hood Railroad after 45(g)

28 Gardendale Railroad

29 Gardendale RR After 45g Investment

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31 Other Funding Sources TIGER Grants TIFIA Grants RRIF Loans State sources

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