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STB to define Amtrak “On-Time Performance” and "Preference"


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#1 CNJRoss

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Posted 16 May 2015 - 07:02 PM

STB news release, 5/15:

 

SURFACE TRANSPORTATION BOARD BEGINS PROCEEDING TO DEFINE INTERCITY PASSENGER-TRAIN “ON-TIME PERFORMANCE”

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The Surface Transportation Board announced today that it will begin a proceeding to define intercity passenger-railroad “on-time performance” for purposes of Section 213 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), 49 U.S.C. § 24308(f). The Board intends to issue in a subsequent decision a notice of proposed rulemaking in this matter, inviting public participation and comment. This decision follows a series of events surrounding the constitutionality of Section 207 of PRIIA in the federal courts, as well as a petition filed by the Association of American Railroads requesting a rulemaking on this matter.


The Board fully recognizes that when Congress enacted PRIIA, it placed importance on the efficient and timely adjudication of on-time performance. Therefore, the Board will develop a definition of on-time performance with public participation through a formal rulemaking so that a process will be in place as Congress intended.


The Board issued its notice today in On-Time Performance Under Section 213 of the Passenger Rail Investment and Improvement Act of 2008, EP 726. That decision may be viewed and downloaded at the STB website, www.stb.dot.gov , under “E-LIBRARY / Decisions & Notices / 05 / 15 / 2015”.

 

 



#2 CNJRoss

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Posted 28 December 2015 - 08:04 PM

STB news release:

 

SURFACE TRANSPORTATION BOARD PROPOSES RULE AND POLICY STATEMENT ON PASSENGER RAIL ISSUES   ecblank.gifecblank.gifecblank.gif
 

 

The Surface Transportation Board today issued two decisions proposing definitions and policy guidance regarding passenger train on-time performance and preference issues. The Board seeks public comment on both proposals.


First, the Board issued a Notice of Proposed Rulemaking defining “on-time performance” for purposes of cases brought before the Board under Section 213 of the Passenger Rail Investment and Improvement Act of 2008 [“PRIIA,” codified at 49 U.S.C. § 24308(f)]. Under § 24308(f), if the on-time performance of any intercity passenger train averages less than 80% for any two consecutive calendar quarters, the Board may initiate an investigation, or Amtrak and other eligible complainants may file a complaint with the Board requesting that the Board initiate an investigation.


The proposed definition would consider a train to be “on time” if it arrives at its final terminus no more than five minutes after its scheduled arrival time for each 100 miles the train operated, or 30 minutes after its scheduled arrival time, whichever is less.


Simultaneously, the Board issued a proposed policy statement addressing issues that may arise and the evidence to be presented in complaint proceedings under § 24308(f). The proposed policy statement interprets the statutory preference accorded to Amtrak trains over freight trains (49 U.S.C. § 24308©) and the phrase “attributable to a… failure to provide preference” (49 U.S.C. § 24308(f)(2)), and provides guidance regarding the evidence that may be most useful in § 24308(f) proceedings.

 

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#3 CNJRoss

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Posted 13 February 2016 - 08:33 PM

Progressive Railroading, 2/10:

 
Amtrak urges STB to consider on-time performance at intermediate stations

Amtrak on Monday said that its on-time performance (OTP) should be measured by taking into account arrival times at both intermediate stations and at endpoints.

The national passenger railroad's comments came in response to the Surface Transportation Board's proposed rulemaking late last year that would evaluate on-time performance by a train's arrival only at route endpoints.

 

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#4 CNJRoss

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Posted 25 February 2016 - 08:37 AM

The Hill, Washington, DC 2/24:
 

Amtrak protests move to prioritize freight trains

 

The panel of federal regulators that oversees operations on the nation’s railways is moving to prioritize freight trains over passenger rail systems such as Amtrak. 

 

The proposal, from the Surface Transportation Board, would reverse a current federal mandate that requires freight railways to give preference to Amtrak on tracks that are shared between passenger and freight trains. 

 

The surface transportation panel has said the mandate to prioritize passenger trains was not spelled out in federal law, although it has been enforced since Amtrak was established in the 1970s.

 

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#5 KevinKorell

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Posted 01 April 2016 - 09:48 PM

Politico, 4/1/16:

 


Amtrak gets DOT’s support in new definition of on-time performance

 

GOOD NEWS FOR AMTRAK: As railroads argue with the Surface Transportation Board about the definition of “on-time performance,” the Department of Transportation is effectively siding with Amtrak by supporting policy that takes into account on-time arrivals at each station instead of looking solely at whether a train arrives on-time at the end of the line.

Story



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#6 CNJRoss

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Posted 03 April 2016 - 03:28 PM

Progressive Railroading, 4/1:

 
AAR to STB: Don't use 'all-stations metric' to define OTP

The Association of American Railroads (AAR) submitted comments to the U.S. Surface Transportation Board (STB) in response to a rulemaking proceeding that would define "on-time performance" (OTP) under the Passenger Rail Investment and Improvement Act of 2008.

The association submitted its response on behalf of its freight-rail members and not Amtrak, even though Amtrak is an AAR member.

In its comments, the AAR maintains its position that the STB lacks statutory authority to define OTP for purposes of a Section 213 investigation. The association also states that the STB should not adopt an "all-stations metric" to determine OTP.

 

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#7 CNJRoss

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Posted 17 April 2016 - 05:39 AM

Railway Age, 4/15:
 

CSX replies in STB investigation of on-time performance

 

In a letter to the Surface Transportation Board filed April 13, 2016, CSX contends that “giving Amtrak trains absolute priority over the old RF&P (Washington-Richmond) upends commuter train operations, drastically limits the number of available slots for freight trains, and likely results in congestion on tracks and in yards that would ripple through the network,” says Frank N. Wilner, Contributing Editor of Railway Age.

 

Read CSX’s full letter HERE.

 

 

CSX letter:

 
3.  Amtrak’s Interpretation Would Result In Network Gridlock.
 
If “preference” is replaced with “absolute priority,” as urged by Amtrak, and imposed on host railroads, it would result in absurd consequences that Congress could not have intended and that violate this Board’s stated goal of promoting efficient surface transportation. It would harm passengers and shippers alike through systemic gridlock that would quickly cascade across America’s rail networks.

 



#8 KevinKorell

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Posted 28 July 2016 - 05:41 PM

The Hill, 7/28/16:
 

Feds drop proposal to prioritize freight trains over Amtrak


In a big win for Amtrak, a panel of federal regulators has reversed course on two proposals that the passenger rail service says would have led to significant delays.

Full story

I've seen stories go the complete opposite direction on this one, so believe it when you see it.

The safety board also decided to tweak a proposal that would have defined “on-time performance” by when a train reaches its end destination. Instead, performance will be measured by punctuality at intermediate Amtrak stations.

Case in point: Our trip during the Fest earlier this month on the Coast Starlight was delayed in Klamath Falls, OR for freight traffic, leaving there 1 hour 45 minutes late. So a passenger going to say Dunsmuir or Chico was going to be late. However the end result of this train was that it came into Los Angeles at 8:39 PM, or 21 minutes early. Whether a train is "late" or not depends on what station a given passenger is travelling to.


Kevin Korell


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#9 CNJRoss

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Posted 28 July 2016 - 07:13 PM

STB news release, 7/28:

 

SURFACE TRANSPORTATION BOARD ISSUES DECISIONS IN TWO PASSENGER RAIL PROCEEDINGS     ecblank.gifecblank.gifecblank.gif
 

The Surface Transportation Board today released two decisions related to its oversight of Amtrak’s operations under the Passenger Rail Investment and Improvement Act of 2008 (PRIIA).


First, the Board decided that it would consider on-time arrival and departure at all stations along a passenger train’s route for purposes of assessing on-time performance. The Board will deem a train “on time” if it arrives at, or departs from, a station no more than 15 minutes after its scheduled arrival or departure.


The Board also announced that it is withdrawing its proposed policy statement on issues that may arise, and evidence to be presented in proceedings under PRIIA, in favor of a case-by-case approach to these complex matters.


“Reflecting careful consideration of an extensive public and stakeholder response to our most recent passenger rail proposals, these decisions will better position the Board to implement its responsibilities under the Passenger Rail Investment and Improvement Act of 2008,” stated Board Chairman Daniel R. Elliott III. “Improved passenger train on-time performance is an important goal, and the Board’s decisions will support that goal by clarifying the trigger for starting a proceeding, while allowing more complex and detailed issues to be resolved in the context of individual cases.”


The Board’s decision in On-Time Performance Under Section 213 of the Passenger Rail Investment and Improvement Act of 2008, Docket No. EP 726, may be viewed and downloaded at the Board’s website, www.stb.dot.gov, under “E-LIBRARY / Decisions & Notices / 07/28//2016 ” .


The Board’s decision in Policy Statement on Implementing Intercity Passenger Train On-Time Performance and Preference Provisions of 49 U.S.C. § 24308© and (f), Docket No. EP 728, may be viewed and downloaded at the Board’s website, www.stb.dot.gov, under “E-LIBRARY / Decisions & Notices / 07/28/2016 ”.



 

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#10 CNJRoss

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Posted 01 August 2016 - 02:12 PM

NARP news release:

 

STB Affirms Rights of Rail Passengers

July 28, 2016

 

Washington, D.C. – The National Association of Railroad Passengers (NARP) applauds the two decisions issued today by the Surface Transportation Board (STB), which affirm the statutory preference for passenger trains and recognize the importance of service quality at intermediate stations.

 

The STB issued two decisions, withdrawing a proposed rule that would redefine Amtrak’s statutory right to preferential dispatch (Docket No. EP 728), and revising a proposed rule to include arrival times at all intermediate stations—as opposed to just the final stop—when measuring On Time Performance (OTP)(Docket No. EP 726).

 

“On behalf of the 40 million Americans who rely on rail each year for travel and work, NARP congratulates the Board of the STB for coming to the correct decision in these important rulemakings,” said NARP President & CEO Jim Mathews. “The STB plays a crucial role in ensuring that the national rail system operates both fairly and efficiently, and in ensuring that Congressional mandates are respected and enforced.”

 

Passenger Priority Preserved

In December 2015, the STB issued a proposed policy statement that would disregard individual instances of freight trains being given priority over passengers in favor of a more general, “systemic” approach.

 

NARP argued against the proposed policy statement, saying it would “fundamentally change the rules of the game for how Amtrak can press host railroads to honor their legal obligations, going around the intent of Congress as expressed some 30 years ago and consistently reaffirmed in law and court rulings.” This rule would’ve made it difficult, if not impossible, to fight against Amtrak trains idling on sidings while freight trains rumble by—an all too common experience for rail passengers.

 

Amtrak concurred in its STB filing, saying “if a host railroad does not resolve an individual dispatching decision at a rail line, junction or crossing in favor of Amtrak, then Amtrak does not have preference over the freight train in using that rail line, junction or crossing.”

 

The STB came down on the side of passengers and Amtrak, withdrawing the proposed policy statement, explaining that “in light of the broad disagreement among the interested parties… the Board finds that going forward with its Policy Statement would not advance its original goal of facilitating a more efficient and effective” rail system.

 

Importance of Intermediate Stations Affirmed

The STB also issued a revised final rule that includes intermediate stations when measuring the quality of rail service. This is a huge win for passengers, because the initial Notice of Proposed Rulemaking measured only when a train arrived at its final station.

 

NARP contended that “the OTP proposal as laid out in the [proposed rule] is inadequate in several ways, most especially in its apparent inapplicability to 90% of the stations served by Amtrak through using only end-point OTP as a triggering metric. STB’s discussion of its proposed OTP standard sidesteps many important concerns for the fare-paying public, such as what truly constitutes an ‘end point,’ the effect on connections, and the reality of the 30-minute standard when set against existing schedule padding.”

 

The STB agreed, adopting an “all-stations” approach. The STB new calculations on OTP metrics will go into effect August 27, 2016.






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