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Quiet Zone Question

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Quiet Zone Question
Posted by Euclid on Saturday, November 15, 2014 3:53 PM
This is the question that has no answer.  Which of the following does a quiet zone result in?

1)      Makes a crossing more dangerous than if there were no quiet zone.

2)      Makes a crossing less dangerous than if there were no quiet zone.

3)      Leaves the danger the same as without a quiet zone.

 
The Union Pacific RR says this:
“Union Pacific believes quiet zones compromise the safety of railroad employees, customers, and the general public. While the railroad does not endorse quiet zones, it does comply with provisions outlined in the federal law.”
*******************************
 
Here is a quote from an article that takes the opposite position:
“A common misconception is the belief that if the trains no longer blew their horns in a Quiet Zone it would make our downtown crossings even more dangerous. 
The FRA and federal government, however, aren’t so stupid to simply let communities increase their risk. It is, of course, just the opposite. To create a Quiet Zone, the city must improve the crossings with supplementary safety measures that MUST make the risk assessment lower than the crossing was with the horns blowing.”
*******************************
 
The following reference is all over the Internet, but I cannot find the actual FRA report that it mentions.  It also may be confusing the issue with whistle bans which are different than quiet zones.  The reference statement:
“But as quiet zones sprung up all over the country, safety concerns emerged. A January 2000 study by the Federal Railroad Administration found a 62-percent increase in accidents at crossings where train horns were banned.”
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Posted by edblysard on Saturday, November 15, 2014 4:33 PM
Wow, an opinion editorial piece being used as a cited "offical source…..no bias there of course, and fun with the new math included!

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Posted by wanswheel on Saturday, November 15, 2014 4:33 PM
Updated Analysis of Train Whistle Bans - January 2000
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Posted by Overmod on Saturday, November 15, 2014 5:41 PM

wanswheel
Updated Analysis of Train Whistle Bans - January 2000

 
Or this, from 2003 (using 1997-2001 data)...
 
Mike, you're the expert ... can you find anything in the FRA e-library or Research Reports regarding 'quiet zone' safety that's newer than 2003?  Surely there's something objective that has come out of the last decade-plus of experience with QZs...
 
Of course, the railroads don't like them, because they know attorneys will be itching to fine them when the engineer 'should' have blown the horn, but municipalities will be itching to fine them when he or she 'shouldn't'. 
 
And municipalities want to prove the crossings are 'as safe' without the horns being blown ... whether or not it can be shown how much of the expensive gate, camera, enforcement, and other stuff has to be put in for that to be objectively true ... for comprehensible reasons of their own.
 
Why there is this ongoing discussion over something that was essentially a straw-man sort of argument in the first place, I'm not sure.  Seems to me the situation goes something like this:
 
QZ ordinance says 'don't blow horns in a quiet zone'.  It prescribes penalties for people who do.
 
GCOR and other rules say 'don't blow horns -- unless in your sole judgment there is an emergency'.
 
Citizens, or enforcement personnel, or whoever, who are annoyed by horn-blowing in quiet zones can file a complaint under the ordinance.  This will likely result in a citation or notice (with the date and time of the 'offense') being sent to the railroad in question, with the matter set to be heard in municipal court on such-and-such a date.
 
Railroad will have internal hearings, probably involving the engineer concerned explaining why he 'in his sole judgment' blew the horn.  Then the railroad will make some arrangement for legal representation to meet with the prosecutor, etc., either to pay for the infraction or have the matter dismissed.  If there turns out to be internal discipline required for violation of the horn rule... that's a matter between the carrier and the engineer.  I'd presume there would be discipline involved if the 'offense' were repeated with any particular frequency, etc.* -- if that satisfies the question that Keeps Getting Asked Here; on the other hand, I'd expect the outside-facing cab cameras to be very effective in proving or disproving many kinds of 'emergency' that would justify sole-judgment use of the horn.
 
I'll be happy to provide a more detailed procedural explanation, from one of our local municipalities with a QZ ordinance, if Certain Persons continue to dispute the idea and still need more facts.
 
*Note that I don't discuss what happens if a given railroad just pays any QZ violations it happens to receive, just as a matter of routine, then conducts internal discipline that's nobody's business but theirs.  I happen to think it's in a railroad's best interest to cut down on unnecessary QZ-ordinance fines, but also in its best interest to support an engineer's judgment whenever it's justifiable.  (But that and 50 cents would get me a ride on the Staten Island ferry, as folks used to say in New York.)
 
 
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Posted by Euclid on Saturday, November 15, 2014 5:52 PM
Ed
I have not attempted to prove a claim, so I had no intention to “cite a source.”  I am just showing the range of opinion on the topic of whether quiet crossings are made more dangerous by the elimination of routine horn blowing. 
wanswheel,
Thanks for posting that link, but that does appear to be a study on the so-called “horn bans” which I believe are different than quiet zones.  What I would like to see is some definitive position by the FRA on the question I that have posed about quiet zone safety. 
I would also like to know why the U.P. believes what they say about quiet zones.  It is interesting that they don’t cite a source either, but only base their position on their “belief.”
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Posted by zugmann on Saturday, November 15, 2014 5:54 PM

Euclid
I would also like to know why the U.P. believes what they say about quiet zones. It is interesting that they don’t cite a source either, but only base their position on their “belief.”

 

Call and ask them.  How would we know?

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by Euclid on Saturday, November 15, 2014 5:55 PM

.

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Posted by BaltACD on Saturday, November 15, 2014 6:24 PM

Euclid

 

I would also like to know why the U.P. believes what they say about quiet zones.  It is interesting that they don’t cite a source either, but only base their position on their “belief.”
 

I suspect their 'belief' is based upon their internally developed statistical analysis of their own incidents over a period of time.

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Posted by erikem on Saturday, November 15, 2014 6:42 PM

Overmod

 And municipalities want to prove the crossings are 'as safe' without the horns being blown ... whether or not it can be shown how much of the expensive gate, camera, enforcement, and other stuff has to be put in for that to be objectively true ... for comprehensible reasons of their own.

I was amused reading about the discussions between the city of Calsbad, CA and the AT&SF, later NCTD about setting up quiet zones. The talks broke down because the city wanted the railroad to assume lliability for the quiet zone and the railroad wanted the city to assume liability. Seems to me if the city thought the quiet zones would be safe, then they would have no problem in assuming liability.
 
N.B. These discussions were taking place a couple of years after two women were killed by a northbound AT&SF freight in Del Mar when they were rushing to get to the other side assuming it was the NB Amtrak train they were trying to catch.

 on the other hand, I'd expect the outside-facing cab cameras to be very effective in proving or disproving many kinds of 'emergency' that would justify sole-judgment use of the horn.

 
 
If the cameras demonstrated a pattern of people tresspassing, could the railroad in quesion use that against the city or other appropriate government agency?
 
- Erik
 
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Posted by Euclid on Saturday, November 15, 2014 6:43 PM

Of the three possible answers that I listed in the OP, I have seen a lot of reference to #3 being the answer, but how this is determined is usually not entirely clear.  The point that is always emphasized is that creating a quiet crossing costs a lot of money.  The premise seems to be that you get less horn noise for a price in terms of money.  I don’t believe that I have ever seen any of these references say that there is also a price in terms of reduced safety.  Union Pacific is the only one I have heard says that.

So it is an interesting question.  I tend to believe that U.P. is correct.  But then that means that most quiet zone proposals are sweeping the increased danger under the carpet.  That seems hard to believe.    

 

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Posted by Falcon48 on Saturday, November 15, 2014 7:38 PM

Right now there are two active threads dealing with quiet zones (this one and "Silenced automobile crossings"), and I'm not sure why.

With respect to the question in several of the posts about where to find the "FRA report" that requires communities wanting quiet zones to improve crossings with supplementary safety measures, the "report" is actually the FRA rule, 49 CFR Part 222, which makes this requirement explicit.  The only thing I would add is that "supplementary safety measures" aren't required if the crossing risk post quiet zone is less than the risk level of of an index called the "National Significant Risk Threshold" (NSRT).

If anyone wants to read the gory details of what it takes to establish an FRA quiet zone, see 49 CFR 222, Appendix C ("Guide To Establishing Quiet Zones") at the following web address:

 

http://www.gpo.gov/fdsys/pkg/CFR-2013-title49-vol4/pdf/CFR-2013-title49-vol4-part222-appC.pdf

In addition, the preambles to the FRA "interim" and "final" versions of the train horn rule (2003 and 2005, respectively), have extensive discussion of "whistle ban" safety and how FRA planned to prevent federal quiet zones from reducing safety.  You may agree or disagree with this discussion, but at least you can understand what FRA thought about the subject and was trying to do.  See the following web addresses:

http://www.gpo.gov/fdsys/pkg/FR-2003-12-18/pdf/03-30606.pdf

 
 
Finally, there is no difference between a "quiet zone" and a  "whistle ban".  "Quiet zone" is simply a name FRA came up with for a whistle ban established under the Part 222 train horn rule. 
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Posted by wanswheel on Saturday, November 15, 2014 8:20 PM
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Posted by Euclid on Saturday, November 15, 2014 8:23 PM

Falcon48,

 

Thanks for that information.  I looked at Federal Railroad Administration

49 CFR Parts 222 and 229

 

Without assimilating the whole document, I see that on page 92, there is discussion on controlling the risk of quiet zones.  I gather that it is considered to be possible for the risk to not be increased when converting a grade crossing to a quiet zone.   

 

I quote this from the link on page 92:

 

“The rule’s intent is to make the quiet zone as safe as if the train horns were sounding. If this is accomplished, the public authority may designate the crossings as a quiet zone and need not be concerned with possible fluctuations in the Nationwide Significant Risk Threshold or annual risk reviews.”

 

So if the intent is to add a quiet zone without increasing the risk, and if this is possible and achieved; then why is Union Pacific saying they believe that quiet zones compromise the safety of railroad employees, customers, and the general public?

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Posted by wanswheel on Saturday, November 15, 2014 8:45 PM
God forbid something awful happens in a UP quiet zone, they can say, wasn’t our idea.
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Posted by Semper Vaporo on Saturday, November 15, 2014 9:11 PM

Just because the FRA (or other entity) believes that a study on a particular grade crossing says that there is no increase in risk does not mean that Union Pacific (or any other entity) must believe the same thing.  We (and that includes corporations) are entitled to believe what we want about any studies that are made.  Some will think there was a bias in some study and some will think the study was flawed in some maner, thus each will draw their own conclusions from the data and may or may not agree with any conclusions made by anyone else.

If U.P. says they believe that "quiet zones compromise the safety of railroad employees, customers and the general public", that is their right, as is your right to agree or disagree with them.  I am sure that they have access to the exact same data as anyone else and are just interpreting in according to their biases.

Semper Vaporo

Pkgs.

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Posted by edblysard on Saturday, November 15, 2014 9:24 PM
Because people do stupid things around trains, like put beds on trestles and shoot movies without the railroad permission, or drive blindly through and around gates, ignoring all the devices, including stops signs, yield signs , advance flashing yellow or red signs, warnings painted on the roadway in ten foot letters hundreds of yards before the crossing, or walking in the middle of the tracks with their Ipad cranked up and ear buds in…..because UP understands that no matter how many devices, what type of devices and barricades, someone will manage to get around it somehow, and because UP, unlike some of the posters here, understands completely that trains can’t stop, and if it hits you, the odds are great you will die.
To quote Linda Morgan, “the only safe grade crossing is the one that isn’t there”….
By the way, the FRA report is 14 years out of date and the numbers are no longer valid.
Get current numbers and use them.
 

 

 

Wanswheel, you are absolutely correct, that’s why they made and continue to make that statement.

 

Again, you will not find a member of railroad management that will order an engineer to not sound the whistle, it leaves them liable if something happens.

 

 
 

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Posted by Falcon48 on Saturday, November 15, 2014 9:25 PM

Semper Vaporo

Just because the FRA (or other entity) believes that a study on a particular grade crossing says that there is no increase in risk does not mean that Union Pacific (or any other entity) must believe the same thing.  We (and that includes corporations) are entitled to believe what we want about any studies that are made.  Some will think there was a bias in some study and some will think the study was flawed in some maner, thus each will draw their own conclusions from the data and may or may not agree with any conclusions made by anyone else.

If U.P. says they believe that "quiet zones compromise the safety of railroad employees, customers and the general public", that is their right, as is your right to agree or disagree with them.  I am sure that they have access to the exact same data as anyone else and are just interpreting in according to their biases.

 

That is correct.  Neither Union Pacific nor anyone else has to agree with FRA's conclusions, and I wasn't suggesting otherwise - there's plenty of room in this arena for differing opinions. I was simply responding to those who were saying they couldn't understand what FRA did or why it did it, or couldn't find the materials explaining the agency's position.  However, keep in mind that, in formulating railroad regulations, it is ultimately FRA's opinion that counts, for better or worse.

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Posted by Falcon48 on Saturday, November 15, 2014 9:29 PM

Euclid

Falcon48,

 

Thanks for that information.  I looked at Federal Railroad Administration

49 CFR Parts 222 and 229

 

Without assimilating the whole document, I see that on page 92, there is discussion on controlling the risk of quiet zones.  I gather that it is considered to be possible for the risk to not be increased when converting a grade crossing to a quiet zone.   

 

I quote this from the link on page 92:

 

“The rule’s intent is to make the quiet zone as safe as if the train horns were sounding. If this is accomplished, the public authority may designate the crossings as a quiet zone and need not be concerned with possible fluctuations in the Nationwide Significant Risk Threshold or annual risk reviews.”

 

So if the intent is to add a quiet zone without increasing the risk, and if this is possible and achieved; then why is Union Pacific saying they believe that quiet zones compromise the safety of railroad employees, customers, and the general public?

 

Because UP obviously does not agree with FRA's view, and that is its perrogative.  There are plenty of things FRA does that railroads do not agree with.

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Posted by Falcon48 on Saturday, November 15, 2014 10:44 PM

In response to Wanswheel, we're saying the same thing.  Prior to the FRA rule, government imposed "no whistle" restrictions were commonly called "whistle bans".  These were imposed by state or local governments, not FRA.  I'm not aware of any of these pre-FRA restrictions being called "quiet zones".  The "quiet zone" tag is introduced in the  FRA train horn rule.

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Posted by Falcon48 on Saturday, November 15, 2014 10:58 PM

edblysard
[Excerpt]
Again, you will not find a member of railroad management that will order an engineer to not sound the whistle, it leaves them liable if something happens.

 

 

 

 
 
 

 I'll take that a step further.  I don't think you'll find anyone in railroad management questioning an engineer's decision to whistle based on any sort of perceived safety issue (or, at least, not anyone in RR management who wants to stay employed), and that's because of "safety first" more than potential liability.  But there are limits to everything.  An engineer who decides to celebrate the Christmas season by trumpeting the rhythm to "Jingle Bells" on his horn in every town he passes through in the middle of the night (a real incident) might well be called on the carpet.

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Posted by Euclid on Sunday, November 16, 2014 8:42 AM
Please; I never said that U.P. did not have the right to their opinion.  If you read carefully, you will see that I actually said that I tend to agree with them.  I only asked what they based it on. 
The position of the FRA does not strike me as being an opinion, but rather as science. 
Nothing that I have said has anything whatsoever to do with disagreeing with the point that “you will not find a member of railroad management that will order an engineer to not sound the whistle, it leaves them liable if something happens.” 
Incidentally however, the comment does obliquely raise this question:  Isn’t one of the premises of a quiet zone that no additional liability is placed on the railroad by the creation of a quiet zone?
My question basically goes to the position of the FRA in endorsing quiet zones rather than the position of U.P. 
For a long time, trains have been blowing a warning at grade crossings for safety.  So I think it is fair question to ask how you can eliminate the horn signal without compromising safety.  The FRA says you can.  Although their rationale is so bafflingly complex that I doubt anyone could dispute it.  I would say that the opinion of the U.P. seriously undermines the assertion of the FRA because U.P. would be considered to be a qualified authority.
In any case, it leaves the public in the dark about the safety issue.  You will find link after link to articles about towns putting in new quiet zones.  They often list dozens of frequently asked questions and give the answer.  But most of them ignore the “elephant in the room” question of how the horn can be eliminated without compromising safety. 
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Posted by Overmod on Sunday, November 16, 2014 9:07 AM

Euclid
Please; I never said that U.P. did not have the right to their opinion. If you read carefully, you will see that I actually said that I tend to agree with them. I only asked what they based it on.

Reading between the lines, they base it at least partly on what is essentially CYA: if anyone tries to sue them for an accident in a QZ they're on record as unconditionally opposing their safety, but going along with the Government edicts.  Keep in mind that indemnity agreements may violate State constitutions (they do in Texas, for example) and that FRA was thinking of prohibiting them, but did not do so in the final rule, saying that this was a matter for state law.  At present, I think the law is still undecided about what happens if a municipality fails to enforce crossing intrusions 'strictly enough' to prevent accidents; about the best I can see is that "suit will most likely be filed to determine the legal answer" -- in other words, it's a crapshoot and the Union Pacific (and other railroads) would want to make their position as firmly and unambiguously as possible in that sort of situation.

Some of the details available in this page from Union Pacific may help in demonstrating UP's intentions, and establishing a basis for SSMs and ASMs that are required or advisable in a particular QZ project.  Note sections 9 and 11 of the downloadable "Quiet Zone Warning Devices Agreement".

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Posted by samfp1943 on Sunday, November 16, 2014 9:53 AM

Seemingly, this whole argument ["Quiet Zones"] fall under the category of " Rish Management". 

The trend for a number oif years has been growing in the Transportation Industry: Not many Coporate Management types want to be blind-sided by comments made in the field by someone who gains "Company Spokesperson"   Status in a media interview ( or some prefer: Ambush) on the scene of an incident; status gained by simply wearing a shirt with a corporate logo, or desgnated, and required work clothing.

      Such film segments  seem to gain a life of their own, and can come back to haunt a Court preceeding.   An innocent remark can be 'spun' in Court to demonstrate or show something totally not intended in the original circumstance.

   Such reasoning is why many companies do not allow their own employees to be on the scene of an incident (accident). Such that an errant statement to a media person could be interpreted as a  Corporate Policy, and repeted in a Curtroom under questioning, ruin the situation, and it's outcome for the involved parties. Many Companies have professiional, corporate risk managers.  Those organizations that will be on the scene of an incident, and deflect the media attention, who are authorized in some cases to speak for a Company, and to also write checks to the injured parties (checks when signed, are 'hold harmless' statements of liability release).  

  The Companies that contract to perform Corporate Rish(k)Crying  management, are all focused on the goal of protecting a Corpration in a potential legal action.  The most recent ncident of the MM&A's 'Lac Megantic Train Wreck' could be sited as an example of adverse risk management, as well as a corporate environment that was not prepared for anything of that kind of magintude to their operations.  My 2 Cents

 

 

 

 


 

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Posted by wanswheel on Sunday, November 16, 2014 11:40 AM
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Posted by Overmod on Sunday, November 16, 2014 12:18 PM

samfp1943
Seemingly, this whole argument ["Quiet Zones"] fall under the category of " Rish Management".

I have to ask:  Is that using Larry Niven's definition of 'rish'?

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Posted by Euclid on Monday, November 17, 2014 8:23 AM
Is this Union Pacific quiet zone opinion shared by the entire railroad industry?  If so, can anyone supply references to similar public statements on quiet zones by other railroad representatives?
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Posted by Euclid on Wednesday, November 19, 2014 3:45 PM

Euclid
This is the question that has no answer.  Which of the following does a quiet zone result in?

1)      Makes a crossing more dangerous than if there were no quiet zone.

2)      Makes a crossing less dangerous than if there were no quiet zone.

3)      Leaves the danger the same as without a quiet zone.

 
The Union Pacific RR says this:
“Union Pacific believes quiet zones compromise the safety of railroad employees, customers, and the general public. While the railroad does not endorse quiet zones, it does comply with provisions outlined in the federal law.”

I conclude that the answer to my question in the first post quoted above is either #1, 2, or 3, depending on the discretion of the crossing design authorities.  That would mean that the Union Pacific opinion is correct in the case of #1, and incorrect in the case of #2 and 3.
Or another explanation is that the FRA is incorrect in their conclusion that items #2 and 3 are possible.  If so, that would mean that the only possible outcome is #1, in which case, the belief expressed by Union Pacific is correct as it applies to all quiet zones. 
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Posted by Euclid on Tuesday, November 25, 2014 8:01 AM
I just talked to the city engineer for Wayzata, MN who was closely involved with the creation of their quiet zone on BNSF.  He said that there was a lot of public interest in having it confirmed that removing the horn signals in the quiet zone would not decrease safety.  Clearly, the public did not want any part of a quiet zone that made the crossings more dangerous. 
The City assured the public that adding the quiet zone would not increase danger whatsoever.  The engineer explained how the FRA process involves a complex math formula that must prove that a quiet zone does not increase danger, and that no quiet zone will be approved by the FRA if it does not satisfy that condition. 
However, the Union Pacific states that they believe that quiet zones compromise the safety of railroad employees, customers, and the general public.  Yet there appears to be no factual basis for that claim, so it seems to me that Union Pacific owes the public an explanation for their assertion that quiet zones increase the danger. 
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Posted by zugmann on Tuesday, November 25, 2014 8:10 AM

So contact up and ask them.

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by Phoebe Vet on Tuesday, November 25, 2014 8:50 AM

As edblysard said, the only way to make crossings safe is to eliminate them.  People are too stupid to be allowed to cross the tracks in an automobile.  Last week, I was riding the light rail here in Charlotte.  The train came to a dead stop and sat there blowing the horn.  I stood so I could see out the front window where I observed TWO automobiles that were stopped INSIDE the crossing gate, waiting for the train to pass.

That crossing, incidentally, was created during the construction of the Blue Line.  A parallel road was reconfigured so that just the southbound lane crossed over the tracks and after a couple of hundred yards, crossed back.  Someone apparently thought the station needed to be in the middle of the road.

http://binged.it/1zUH7z3
 

 

Dave

Lackawanna Route of the Phoebe Snow

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