WASHINGTON — Responding to an Amtrak request from late last year, the Surface Transportation Board announced today (July 11) it will open an investigation into Sunset Limited timekeeping issues.
Today’s board decision also outlines the framework for the process — a detailed procedure that will continue well into 2024. Establishment of that framework is necessary since this is the first such investigation under the responsibility granted to the board under the Passenger Rail Investment and Improvement act of 2008.
“Today’s unanimous decision reflects the board’s serious commitment to fulfilling its Congressionally-established duties under PRIIA to adjudicate disputes over passenger rail on-time performance,” Chairman Martin J. Oberman said in a press release. “The investigation that we are initiating today is the first of its kind. It involves a significant board-led component as well as party-led discovery. This framework will ensure that the board has the information it needs to fulfill its mandate to enforce the preference standards and ensure reliable on-time performance for passenger rail.”
The board’s action stems from a complaint filed by Amtrak regarding on-time performance of the triweekly train between Los Angeles and New Orleans in December. That complaint and request for an investigation primarily took issue with the performance of Union Pacific, the host railroad for the vast majority of the train’s route [see “Amtrak asks federal regulators to investigate …,” Trains News Wire, Dec. 9, 2022].
The passenger operator renewed its request in April, saying continuing problems demanded urgent action [see “Amtrak to regulators: Ongoing tardiness …,” News Wire, April 20, 2023]. Union Pacific has blamed the problems on a schedule it says does not account for current on-time performance standards established by the Federal Railroad Administration, and had requested the STB to require mediation [see “UP asks STB to order mediation …,” News Wire, Jan. 30, 2023].
Amtrak welcomed the board decision in a statement this afternoon.
“On behalf of our Amtrak passengers affected by the chronic delays on host railroads, Amtrak is pleased by the Surface Transportation Board’s action to investigate the substandard on-time performance and freight train interference described in our complaint regarding Sunset Limited service,” the statement reads.
“Amtrak believes vigorous STB oversight is important to improve Amtrak reliability on routes operated over host railroads.”
In its decision, the board denies, at least for now, UP’s mediation request. The STB lays out a two-stage investigation process that will involve all hosts of the Sunset Limited — Union Pacific, Canadian National (which handles the train for 2.2 miles), the New Orleans Public Belt, BNSF Railway, and the Southern California Railroad Authority [Metrolink], which owns the final 12.6 miles into Los Angeles Union Station.
The first phase will include inquiries by the board; a discovery process by the parties; and a schedule of arguments calling for an opening statement from Amtrak, a response from other parties, and a rebuttal by Amtrak.
The board will then issue a decision on its findings. If it finds a host railroad has failed to provide required operating preference to Amtrak, it will then hold a second phase to determine damages and other potential actions, which will follow a similar format to the first phase.
The decision also includes an appendix with information and documents requested by the board — in some cases by all parties, and also specifically from Amtrak; Union Pacific and BNSF Railway; and CN, SCRRA, and New Orleans Public Belt. That information is all due to the board by Aug. 25.
The procedure laid out by the board makes it clear resolution of Amtrak’s complaint will not come quickly. Still to come after that Aug. 25 date is a period of 120 days for discovery by the parties, followed by up to 90 days for the statements and responses. That suggests it will be at least the end of March 2024 before the matter goes to board members for the decision concluding the first phase.
— Updated at 3:20 p.m. with Amtrak statement.
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