Huntingburg Council discusses railroad issues with Norfolk Southern

The City of Huntingburg can’t fine the railroads for stopping on the tracks for too long.

Derek Sublette, the Regional Vice President of Government Relations with Norfolk Southern Railway Co., told the Huntingburg Common Council that when he met with them on Tuesday. He would know since Norfolk Southern challenged the statute after receiving 23 citations in Allen County in 2015.

The 2018 decision by the Indiana Supreme Court ruled that the 1995 Interstate Commerce Commission Termination Act preempted the 1865 law allowing governments to fine trains for stopping too long. The 1995 act prohibits states from enacting a law or rule that manages or governs rail transportation.

Sublette appeared at Tuesday’s meeting at Mayor Steve Schwinghamer’s invitation to address questions from the council they have received from their constituents.

“I just kind of wanted to come down here and make myself available,” Sublette said. “Mayor impressed on me there have been some times where constituents have been very frustrated with our operations here. I can empathize. I’m frustrated with our operations right now.”

He went on to explain that the recent cold weather had impacted the company’s operations throughout the country. “When we have extremely cold temperatures like we did the past couple weeks … it doesn’t bode well for railroading,” Sublette said adding that with the warmer weather will hopefully get some more “network fluidity”.

Sublette told the council he would take comments back to the company’s transportation department to see if they could improve the situation in Huntingburg.

Schwinghamer explained that he had received several calls last Friday and Saturday regarding the tendency for trains to end up stopped on the tracks blocking most of the major thoroughfares through Huntingburg in the afternoon during peak traffic times. “Everybody’s trying to get someplace and then it (train) just sits there,” Schwinghamer said. “Is there any way we can adjust that?

Sublette joked that railroads are the only industry with plus-four-minus-two hours being considered on time. “We have a knack for timing that (stop) for rush hour,” he added.

But, he acknowledged they could potentially look into it. He admitted whatever changes they could possibly make for Huntingburg would affect cities and towns upstream and downstream from here. “It doesn’t mean we can’t make operation adjustments,” he said. “It just means you might be impacting a community over in Illinois.”

He also said that as the winter weather clears up and the impact of Covid-19 continues to abate, the railroad will have a better feel for how things will run.

Councilman Tim Wehr asked if it was a trend for trains to be getting longer and if they could run shorter trains through Huntingburg. Sublette explained longer trains helped the company maintain operational efficiencies and that would likely continue to be the trend.

When asked if there were statutory limits on the number of cars a train can carry, Sublette said they were only limited by physics.

“I live right next to the tracks on U.S. 231,” Councilman Jeff Bounds said. “Every time a train stops there because people know I’m there, they call me. I’ve had people whizzing into my driveway and complaining in person.”

He stated that sometimes he’s knocked on the window of a semi-tractor to ask how long they had been waiting. “I’ve had people say I’ve been here an hour and a half, hour and 15 minutes. Here they sit, trucks idling, their families on the other side of the tracks somewhere waiting for them to come home and they’re really frustrated,” Bounds said. “That’s really excessive for a train track to be blocked regularly for long periods of time like that.”

Sublette said he would agree with that and referred to potentially working out a solution between the Indiana Department of Transportation and the railroad.

Bounds added that he often hears the trains have become more comfortable sitting on the tracks since the overpass was completed.

“All our trains are centrally dispatched in Atlanta,” Sublette said. “I would venture to guess that the dispatcher in Atlanta really has no idea that there was a bypass constructed. I don’t think that has any bearing on the change.”

“So, the bypass is not the reason trains are longer and sitting on the tracks,” Bounds clarified.

Sublette affirmed that statement.

In regards to bringing complaints about the railroad to the attention of the Federal Railroad Administration, Sublette explained that each crossing has a blue placard with a code and number that can be called to report issues to Norfold Southern or the FRA.

Sublette said the company does monitor those complaints to determine crossings that are receiving more complaints than others to potentially modify operations.

Bounds asked if the railroad could assist with additional signage directing traffic to the overpass when trains are on the tracks. Sublette said he could get the city in contact with the department that handles crossing safety with the railroad to see if there were options available.

Bounds would like a sign on Chestnut to help drivers know a train was on the tracks so they could make route changes before getting stuck in traffic.

Bounds also asked about train horns and options to quiet them in the middle of the night (again, Bounds lives right next to the tracks). Sublette said trains are required by code to use the horn as they approach public grade crossings.

He explained there are options for quiet zones but the city would need to contact the Federal Railroad Administration to find out the requirements for the added safety.

City Attorney Phil Schneider reminded the council they have federal representation in their elected officials as well as an option to complain to the Federal Railroad Administration.

The FRA also has a map-based system on its website where complaints or issues regarding crossings can be filed. That page is here.