New notes

The federal government's new rules aimed at preventing explosive oil train derailments are sparking a backlash from all sides.

The railroads, oil producers and shippers say some of the new safety requirements are unproven and too costly, yet some safety advocates and environmental groups say the regulations aren't strict enough and still leave too many people at risk.

Since February, five trains carrying North Dakota Bakken crude oil have derailed and exploded into flames in the U.S. and Canada. No one was hurt in the incidents in Mount Carbon, W.Va., and Northern Ontario in February; in Galena, Ill., and Northern Ontario in March; and in Heimdal, N.D., in May.

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Stephanie Bilenko of La Grange, Ill., (from left) Paul Berland of suburban Elgin and Dr. Lora Chamberlain of Chicago are members of a group urging more stringent rules for the oil-carrying trains. David Schaper/NPR hide caption

itoggle caption David Schaper/NPR

Stephanie Bilenko of La Grange, Ill., (from left) Paul Berland of suburban Elgin and Dr. Lora Chamberlain of Chicago are members of a group urging more stringent rules for the oil-carrying trains.

David Schaper/NPR

But each of those fiery train wrecks occurred in lightly populated areas. Scores of oil trains also travel through dense cities, particularly Chicago, the nation's railroad hub.

According to state records and published reports, about 40 or more trains carrying Bakken crude roll through the city each week on just the BNSF Railway's tracks alone. Those trains pass right by apartment buildings, homes, businesses and schools.

"Well just imagine the carnage," said Christina Martinez. She was standing alongside the BNSF tracks in Chicago's Pilsen neighborhood as a long train of black tank cars slowly rolled by, right across the street from St. Procopius, the Catholic elementary school her 6-year-old attends.

"Just the other day they were playing soccer at my son's school on Saturday and I saw the train go by and it had the '1267', the red marking," Martinez said, referring to the red, diamond-shaped placards on railroad tank cars that indicate their contents. The number 1267 signifies crude oil. "And I was like, 'Oh my God.' Can you imagine if it would derail and explode right here while these kids are playing soccer and all the people around there?"

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New federal rules require stronger tank cars, with thicker shells and higher front and back safety shields for shipping crude oil and other flammable liquids. Older, weaker models that more easily rupture will have to be retrofitted or replaced within three to five years. But Martinez and others wanted rules limiting the volatility of what's going into those tank cars, too.

Oil from North Dakota has a highly combustible mix of natural gases including butane, methane and propane. The state requires the conditioning of the gas and oil at the wellhead so the vapor pressure is below 13.7 pounds per square inch before it's shipped. But even at that level, oil from derailed tank cars has exploded into flames.

And many safety advocates had hoped federal regulators would require conditioning to lower the vapor pressure even more.

"We don't want these bomb trains going through our neighborhood," said Lora Chamberlain of the group Chicagoland Oil by Rail. "De-gasify the stuff. And so we're really, really upset at the feds, the Department of Transportation, for not addressing this in these new rules."

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Oil trains sit idle on the BNSF Railway's tracks in Chicago's Pilsen neighborhood. David Schaper/NPR hide caption

itoggle caption David Schaper/NPR

Oil trains sit idle on the BNSF Railway's tracks in Chicago's Pilsen neighborhood.

David Schaper/NPR

Others criticize the rules for giving shippers three to five years to either strengthen or replace the weakest tank cars.

"The rules won't take effect for many years," said Paul Berland, who lives near busy railroad tracks in suburban Elgin. "They're still playing Russian roulette with our communities."

A coalition of environmental groups — including Earthjustice, ForestEthics and the Sierra Club — sued, alleging that loopholes could allow some dangerous tank cars to remain on the tracks for up to a decade.

"I don't think our federal regulators did the job that they needed to do here; I think they wimped out, as it were," said Tom Weisner, mayor of Aurora, Ill., a city of 200,000 about 40 miles west of Chicago that has seen a dramatic increase in oil trains rumbling through it.

Weisner is upset that the new rules provide exemptions to trains with fewer than 20 contiguous tank cars of a flammable liquid, such as oil, and for trains with fewer than 35 such tank cars in total.

"They've left a hole in the regulations that you could drive a freight train through," Weisner said.

At the same time, an oil industry group is challenging the new regulations in court, too, arguing that manufacturers won't be able to build and retrofit tank cars fast enough to meet the requirements.

The railroad industry is also taking action against the new crude-by-rail rules, filing an appeal of the new rules with the Department of Transportation.

In a statement, Association of American Railroads spokesman Ed Greenberg said: "It is the AAR's position the rule, while a good start, does not sufficiently advance safety and fails to fully address ongoing concerns of the freight rail industry and the general public. The AAR is urging the DOT to close the gap in the rule that allows shippers to continue using tank cars not meeting new design specifications, to remove the ECP brake requirement, and to enhance thermal protection by requiring a thermal blanket as part of new tank car safety design standards."

AAR's President Ed Hamberger discussed the problems the railroads have with the new rules in an interview with NPR prior to filing the appeal. "The one that we have real problems with is requiring something called ECP brakes — electronically controlled pneumatic brakes," he said, adding the new braking system that the federal government is mandating is unproven.

"[DOT does] not claim that ECP brakes would prevent one accident," Hamberger said. "Their entire safety case is based on the fact that ECP brakes are applied a little bit more quickly than the current system."

Acting Federal Railroad Administrator Sarah Feinberg disagreed. "It's not unproven at all," she said, noting that the railroads say ECP brakes could cost nearly $10,000 per tank car.

"I do understand that the railroad industry views it as costly," Feinberg adds. "I don't think it's particularly costly, especially when you compare it to the cost of a really significant incident with a train carrying this product."

"We're talking about unit trains, 70 or more cars, that are transporting an incredibly volatile and flammable substance through towns like Chicago, Philadelphia," Feinberg continues. "I want those trains to have a really good braking system. I don't want to get into an argument with the rail industry that it's too expensive. I want people along rail lines to be protected."

Feinberg said her agency is still studying whether to regulate the volatility of crude, but some in Congress don't think this safety matter can wait.

"The new DOT rule is just like saying let the oil trains roll," U.S. Sen. Maria Cantwell, D-Wash., said in a statement. "It does nothing to address explosive volatility, very little to address the threat of rail car punctures, and is too slow on the removal of the most dangerous cars."

Cantwell is sponsoring legislation to force oil producers to reduce the crude's volatility to make it less explosive, before shipping it on the nation's rails.

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"Detroit's largest art object" is up for sale, and it's not part of a collection at the Detroit Institute of Arts.

It's the Fisher Building, a National Historic Landmark, and it's on the auction block — the online auction block, that is.

You could purchase one of Detroit's most iconic buildings online at Auction.com June 22-24.

The bank foreclosed on the 29-story art deco building recently and now some real estate experts are calling it a rare opportunity to get a piece of history at a bargain basement price.

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The story of the Fisher Building begins in the late 19th century. The seven Fisher Brothers built carriages for horses, then, bodies for cars. General Motors bought out the Fishers in 1919 for $200 million, or about $2.7 billion in today's dollars. The Fishers used some of that money for civic causes, and some to build a palace to honor their legacy. They chose Detroit's most-prolific architect, Albert Kahn, to build it.

"So the Fisher brothers reach out to him, they say, we're going to give you a blank check. In return, we want the most beautiful building in the world," says Ryan Hooper with "Pure Detroit," a group that gives tours of the Fisher Building.

The New York League of Architects said the goal was achieved: They declared the Fisher the most beautiful building of 1928, largely because of the three-story arcade.

"We're talking about these art deco chandeliers hanging above us, this beautiful frescoed ceiling above us," Hooper says, pointing up at the ceiling

"The exterior of the building, it's marble clad, making it the largest marble clad commercial building in the world. Inside you have over 52 different types of marble, all different colors coming from all different parts of the world," he says.

And 430 tons of bronze to really put it over the top — some of which is on the lobby elevators.

"It's a cast bronze door, marble frame," Hooper says, admiring the elevator. "It's kind of mind blowing when you think about it."

These were once the fastest elevators in the world, Hooper says.

There's also a 2,000-seat theater inside the building. And all of this can be yours.

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The 29-story Fisher building is up for auction online. Sean_Marshall/Flickr hide caption

itoggle caption Sean_Marshall/Flickr

The 29-story Fisher building is up for auction online.

Sean_Marshall/Flickr

"I think the property has the potential to trade in the $20 million to $30 million dollar range," says A.J. Weiner, the managing director for the real estate firm Jones Lang LaSalle's Detroit office.

Keep in mind, the Fisher Brothers originally put $140 million in today's dollars, into the property. In Chicago or New York City, a building of this size and grandeur could sell for perhaps $500 million, Weiner says.

This week's auction also includes the neighboring 10-story art deco "Albert Kahn Building" and two parking garages.

But would buying the building be throwing good money after bad?

"I think it's throwing good money after great," Weiner says.

That's contingent on a few things though. This neighborhood, called "New Center," was once among the wealthiest commercial areas on earth. General Motors had its world headquarters here. Detroit boosters say it's the next commercial part of Detroit that's ready to take off.

Jim Bieri, with Stokas Bieri Real Estate in Detroit, says if the neighborhood can come back around, the Fisher Building's price tag would be really low.

"It's shocking because it is a magnificent architectural gem," says Bieri.

He says beautiful, historic buildings like the Fisher can attract more tenants and fetch high rents. But, he adds, people don't work in the marbled lobby.

"I haven't ridden the elevators much lately, but I'm told they don't operate like the used to," says Bieri. "I just know that when they get into a building like that, if you haven't been taking care of it, there's just issue after issue from electric to HVAC."

Tour guide Ryan Hooper took me to the vacant 19th floor. Occupancy rates in the Fisher Building have dwindled in recent years. The carpeting needs replacing, as does the plumbing and the bathrooms. Overall, it's drab.

It could cost a new owner $60 million to fix up the Fisher Building, perhaps double the purchase price. And it will also require an act of faith by any new owner that this neighborhood can indeed come back, and new businesses will want to move into the building.

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It's Father's Day! While the holiday isn't formally celebrated in the rural area of southern India where I live, I still have to tell my dad how much I appreciate him, love him and how thankful I am for all he has done — although I'm a little apprehensive about how he will respond to my mushy affections.

It's not uncommon for fathers to struggle with expressing their love for their children, but also with loving their children equally. Some rejoice at the birth of a son and grieve when a daughter is born.

I decided to go out and ask a trio of dads in my village to share their thoughts about fatherhood with me.

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Mayilsami, 67, is a father of one daughter. Wilbur Sargunaraj for NPR hide caption

itoggle caption Wilbur Sargunaraj for NPR

Mayilsami, 67, is a father of one daughter.

Wilbur Sargunaraj for NPR

Mayilsami

Some people in India may grieve when a daughter is born, but not Mayilsami. The 67-year-old retired factory worker says he tries to raise his daughter in the "jolliest" way possible.

"Whatever she asked, I would give her," he says, "so maybe that was the way I expressed my affection."

But he acknowledges that, like other fathers, he's often so busy earning a living that "we lose touch with our children."

His advice to younger fathers: "Work less and invest more in your family. Try to speak more to your children."

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Rajagopal, 76, is a father of one daughter. Wilbur Sargunaraj for NPR hide caption

itoggle caption Wilbur Sargunaraj for NPR

Rajagopal, 76, is a father of one daughter.

Wilbur Sargunaraj for NPR

Rajagopal

Rajagopal, 76, raised his daughter as a single dad after his wife's death at a young age.

"I had to make sure I let her know that she was loved," he says. "Expressing love is usually easier for the mother."

When it comes to boys vs. girls, Rajagopal says that it's part of the "culture" to favor sons.

"If I had a son I would give my house and land to him, not my daughter," he says.

Regardless of the child's gender, he says, discipline is key.

"If you do this when they are young," he says, "then you won't need to discipline them when they grow older and get into family feuds."

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Ganesan, 62, is a father of four daughters. Wilbur Sargunaraj for NPR hide caption

itoggle caption Wilbur Sargunaraj for NPR

Ganesan, 62, is a father of four daughters.

Wilbur Sargunaraj for NPR

Ganesan

The 62-year-old former mill worker has four daughters, all of whom are married.

"I did my best to help my daughters in their schoolwork and to get them married," he says.

But he does wish he had had a son.

"You have to see it from the perspective that boys will be the ones to lift you up when you need help," he says. "With the girl, you have to pay dowry to get her married and then she belongs to her husband and in-laws. This is embedded within our culture."

It wasn't easy being a dad, he says.

"I struggled a bit to share my feelings, and things got even worse after my daughters got married," he admits. "I could not even talk to them, and they treated me terribly — maybe that is because of the lack of communication and affection I showed them as a father."

Now, Ganesan spends a lot of time with his grandchildren. The most important thing a father can do, he says, is "show our children that we are capable of love, just like their mothers."

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Wilbur Sargunaraj

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Father's Day

India

Congress' official scorekeeper says repealing Obamacare would increase the federal budget deficit and the number of uninsured Americans by 24 million.

The report from the Congressional Budget Office comes as Washington awaits a ruling by the Supreme Court that could end insurance subsidies for some six million people in 30 states.

The report says repealing the Affordable Care Act's spending cuts and tax increases would add $137 billion to the deficit over the next ten years, and the number of people with health insurance would drop from 90 percent of the population to 82 percent.

The CBO says economic growth would be boosted a bit because more people would join the labor force, as the Affordable Care Act's subsidies make it easier for people to work less or stop working and not lose health coverage.

Reaction to the report, as with most things about the health care law, fell along party lines. The chairman of the Senate Budget Committee, Republican Mike Enzi of Wyoming, chose to focus on how repeal would effect economic growth:

"'CBO has determined what many in Congress have known all along,' said Chairman Enzi. 'This law acts as an anchor on our economy by dragging down employment and reducing labor force participation. As a result, the deficit reduction that the Democrats promised when it was enacted is substantially unclear.'"

Democrats put their focus on the negative impacts of repeal. House Minority leader Nancy Pelosi said:

"The cost to the deficit would be surpassed only by the human toll of repeal. Republicans would add over 20 million Americans to the ranks of the uninsured, and strip vital health protections from hundreds of millions of American families – shattering the newfound health security that has made a difference in the lives of so many families. Republicans should look at the numbers and finally end their fixation with repealing this historic law."

The new CBO report incorporates the principles of dynamic scoring, which takes into account a wider array of economic factors, and which Republicans say provides a more realistic picture of the economic impact of repeal. The CBO says under the old rules, the deficit would increase even more, by $353 billion over ten years.

Politico says the CBO report could have political implications:

"The estimate will make it harder for Republicans to use so-called reconciliation to repeal the law because congressional budgeting rules bar lawmakers from using the parliamentary maneuver to move legislation that adds to government red ink.

The CBO report said over the long term, repeal would add even more to the deficit:

"Repealing the ACA would cause federal budget deficits to increase by growing amounts after 2025, whether or not the budgetary effects of macroeconomic feedback are included. That would occur because the net savings attributable to a repeal of the law's insurance coverage provisions would grow more slowly than would the estimated costs of repealing the ACA's other provisions—in particular, those provisions that reduce updates to Medicare's payments. The estimated effects on deficits of repealing the ACA are so large in the decade after 2025 as to make it unlikely that a repeal would reduce deficits during that period, even after considering the great uncertainties involved."

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CBO

Affordable Care Act

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Is the killing of nine people at a black church in Charleston, S.C. on Wednesday night "terrorism" and should NPR be calling it such?

Jeffrey Fields, assistant professor of the practice of international relations at the University of Southern California, wrote to my office last night, asking, "Why the resistance to characterizing the shooting of June 17 in Charleston, S.C. as terrorism?"

"By any stretch and using any of the definitions including the State Department's or 18 U.S.C. § 2331, this is terrorism," he wrote, in part. "Why is NPR (and so many other media outlets) 'avoiding' using this term? It only serves to reinforce the notion that terrorism equates to Muslims and foreigners. Yes, this is a hate crime. That doesn't preclude calling it terrorism either in common parlance or legal terms."

The Merriam-Webster online dictionary defines terrorism as "the use of violent acts to frighten the people in an area as a way of trying to achieve a political goal." The New York Times and others have reported that the alleged shooter Wednesday night, 21-year-old Dylann Roof, can be seen in a now-blocked Facebook photo wearing symbols of two white supremacist former African governments. (The Times also had a good story about civil rights advocates who "are asking why the attack has not officially been called terrorism.")

Fields, in his letter, pointed out that NPR, in its initial reporting on the Boston Marathon bombings, " at least acknowledged that President Obama had avoided using the term. That's very telling because 1. NPR hasn't done that with Charleston and 2. At that point the bombers in Boston hadn't been caught or identified (so motive and intention were still unknown). Here the alleged perpetrator has been caught and there are already reports of his own words suggesting his motivation and it points directly to the textbook definition of terrorism."

Mark Memmott, NPR's standards editor, told me NPR's policy is to avoid rushing to throw a label on a situation. "We use action words to describe what happened and let the facts reveal whether it was terrorism, a hate crime, or murder," he said. He added, "We're certainly not going to shy away from reporting what is revealed about the suspect and his motivations."

I looked back at the Boston reporting and how NPR reported on day one of other similar acts of violence. In the case of the Boston coverage, in addition to the story Fields cited there were a number of stories on that first day quoting officials using the word to describe the situation. My quick takeaway is that NPR has been largely consistent in its policy. When the word "terrorism" pops up early on, it's because someone else, usually an elected or law enforcement official, has used it.

Moreover, NPR's policy seems appropriate to me, at least for the moment. The coverage that Fields was objecting to was from the first day after this week's horrific events. While NPR itself did not refer to the suspect as a "terrorist" or call the killing "terrorism," several stories, beginning yesterday afternoon, have quoted people using the word to describe the situation, and that also seems appropriate.

The situation is already evolving. Late this afternoon, NPR reported that, "the Justice Department said it was investigating Wednesday's shootings as a possible hate crime and an act of domestic terrorism."

As the coverage unfolds I'll keep track of how NPR's language does as well, and revisit the subject, if warranted.

Meanwhile, for more on "what this story tells us about the deeper foundations of racial hatred in America" read this piece from NPR's Code Switch blog.