Mr. David Dealy, Vice President
Burlington Northern Santa Fe, Northern Lines
2600 Lou Menk Drive
Fort Worth, Texas 76131

Dear Mr. Dealy:

It has been brought to my attention that excessive delays may be developing in regard to deadhead transportation of train crew members after completion of the crew’s hours-of-service tour. Please reference the enclosed Train Activity Report for Train No. STACBPA1-25 on June 26, 1998, between Whitefish and Havre, Montana. The report indicates that after the crews completed their on-duty period, the time waiting for transportation and the deadhead to final release, was significant.

Although, this time is now classified as limbo time, ERA remains concerned about instances in which employees are held on trains for long periods of time while awaiting the arrival of deadhead transportation in the absence of any valid emergency that might explain such an occurrence. To the extent that the waiting periods are extremely lengthy, current scientific information concerning sleep cycles and the effects of fatigue on safety-sensitive performance indicates that the waiting periods could contribute to the cumulative exhaustion of the employees. This cumulative exhaustion could occur even though the employee receives the legally required rest period upon arrival at the point of final release. Accordingly, it is FRA’s expectation that the railroad carriers will voluntarily employ their best efforts to minimize the time that employees spend waiting for the arrival of deadhead transportation.

The enclosed Train Activity Reports are examples of what I fear is a much wider problem. I would like to know your views on this matter, and possible remedies you foresee in handling future situations similar to those described by this example.

Sincerely,
Dick L. Clairmont
Regional Administrator

cc: BNSF, Division Superintendent
235 Main Street
Havre, MT 59501