STB to end discovery portion of Sunset Limited on-time performance probe - Trains (2024)
By Bill Stephens | August 20, 2024
Regulators ordered Amtrak and host railroads to answer questions about passenger trains’ right of preference over freight traffic, and what the penalties should be for delays
WASHINGTON — The Surface Transportation Board will wrap up the discovery portion of its investigation into the on-time performance of Amtrak’s Sunset Limited on Friday and has set a schedule for the remainder of the proceeding.
In a decision issued yesterday, the STB also ordered Amtrak to provide an opening statement that addresses several key points related to Amtrak’s right of preference over freight trains and how the board should award damages for violations.
Among the points Amtrak must address in its brief:
Explain what would constitute a violation of Amtrak’s right of preference over freight trains.
Whether the STB should rely on the Federal Railroad Administration’s definition of a host railroad and whether multiple railroads could be considered host railroads on a given portion of the Sunset Limited’s 1,997-mile route between Los Angeles and New Orleans.
Address any other legal issues Amtrak believes are relevant to whether host railroads violated the Sunset Limited’s right of preference.
Address the extent of the STB’s authority to award damages. Is this authority limited to damages for preference violations that cause a passenger train to fall below the 80% minimum on-time performance threshold for two consecutive calendar quarters? Or does the board have the authority to award damages for any failure to provide preference?
The other parties to the case — Union Pacific, BNSF Railway, Canadian National, New Orleans Public Belt Rail Commission, the Southern California Railroad Authority, and Canadian Pacific Kansas City — were ordered to submit replies to Amtrak’s opening statement.
The STB also ordered Amtrak and UP to address several questions.
First, how UP’s dispatching algorithm assigns Amtrak and UPS trains the highest priority ranking and whether this practice should be analyzed from a right of preference standpoint.
Second, there is disagreement over which railroad hosts the Sunset Limited between New Orleans Union Passenger Terminal and Live Oak, La. Amtrak should explain the nature of its relationship with the railroads that own the tracks or operate over them and to identify which railroad is considers to be the host carrier.
Third, the Federal Railroad Administration lists the UP-Amtrak schedule for the Sunset Limited as “disputed.” Under FRA regulations, a disputed schedule is one in which changes are sought that are or have been subject to non-binding dispute resolution. Amtrak and UP should explain what schedule changes were sought, what dispute resolution was used, and to produce documents related to schedule changes. If no schedule changes have been sought, or if no dispute resolution is under way, Amtrak and UP should explain why the schedule was reported as “disputed” rather than “uncertified.”
The decision also denied Amtrak’s request for the STB to issue a show-cause order regarding UP’s preservation of dispatching playback records. Finally, the STB ordered UP resubmit its narrative explanations for host railroad delays to the Sunset Limited that were 90 minutes or longer. At issue: UP labeled the entire narrative as “highly confidential” when the board wants the investigative process to be as transparent as possible. The board said it was unclear why UP’s entire narrative would be designated “highly confidential,” particularly when no other host railroad redacted its narrative explanations.
Amtrak’s opening statement is due by Oct. 7. Railroad party replies to the opening statement are due by Dec. 23. Replies from non-parties to the case are due by Jan. 22, 2025. Amtrak’s rebuttal to all replies is due by Feb. 21, 2025.
Amtrak brought the first-of-its-kind case to the STB in December 2022, seeking damages and other relief from UP over what it called the “abysmal” handling of the Sunset, and proposing how to handle the case.
The discovery process of the case was supposed to conclude by Dec. 20, 2023, but has dragged on due to eight requests for extensions after Amtrak filed a motion to compel UP to provide certain information. The board continues its own fact-finding and investigation as part of phase one of the case.
Note: Updated at 3:13 p.m. Central on Aug. 20 to clarify that the board will end discovery on Friday while continuing to do its own fact-finding as part of phase one of the case.
The discovery period was scheduled to end on December 20, 2023. However, the parties requested eight extensions, which extended the discovery period for more than eight additional months. Pursuant to the most recent extension, the discovery period will close on August 23, 2024.
These trains are combined in San Antonio, so between San Antonio and Los Angeles, there is no difference in route, and both trains have sleeper and observation cars.
The Sunset Limited was the flagship train of the Southern Pacific Railroad, tracing its origins back to 1894 – making it the oldest named train the United States. In its early years, the Sunset was an all-Pullman train, connecting San Francisco, Los Angeles, and New Orleans along a southern route.
The Sunset Limited connects Louisiana and California, dipping into some of the most remote parts of the nation along this southern-most route. With stops in locations such as Tucson, El Paso, San Antonio, and New Orleans, it skirts the best of the US – both national parks and thriving art communities.
The Sunset Limited is a discourse on the nature of existence that comes from existentialist philosophy, and the views expressed by Black and White can help us to have a greater understanding of what the purpose of life is and what it is to be human.
In the end, Black is not able to dissuade White from suicide; he lets him leave the apartment. When White leaves, Black is left pondering why God would put him in a position to save this man's life knowing that there is nothing that he can do to stop White from going through with the suicide.
On October 9, 1995, the Amtrak Sunset Limited passenger train was derailed at around 1:35 a.m. in a remote desert area approximately 70 miles southwest of Phoenix, Arizona.
On September 22, 1993, an Amtrak Sunset Limited passenger train derailed on the CSX Transportation Big Bayou Canot Bridge near Mobile, Alabama, United States. It was caused by displacement of a span and deformation of the rails when a tow of heavy barges collided with the rail bridge eight minutes earlier.
The Amtrak Sunset Limited is a Superliner train that runs three times a week in each direction, traveling between New Orleans, LA, and Los Angeles, CA. The train passes through several states, including Louisiana, Texas, New Mexico, Arizona, and California, with 20 intermediate station stops.
The Sunset Limited by Cormac McCarthy is an intelligent debate of philosophical nature about faith in God and the purpose of life on one hand and atheism and meaninglessness of life on other. The choice of names for characters, Black and White, makes clear the dichotomy to be presented by McCarthy.
As an exclusive, complimentary offering for customers traveling in First Class private rooms, traditional dining service is provided in the Dining Car on the Auto Train, California Zephyr, Coast Starlight, Empire Builder Silver Meteor, Silver Star, Southwest Chief, Sunset Limited and Texas Eagle (between San Antonio ...
Yes, the Texas Eagle and the Sunset Ltd are the same train as far as San Antonio. The rear 2 cars come off (sleeper and coach) and form part of the northbound Eagle to Chicago. The Sunset has a lot of padding it its schedule - an hour and a half added since 4 years ago between LA and Tucson.
Introduction: My name is Chrissy Homenick, I am a tender, funny, determined, tender, glorious, fancy, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.
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