
WASHINGTON — The Surface Transportation Board has asked parties involved in the upcoming hearing on Amtrak Gulf Coast service to be prepared to report on a meeting with the U.S. Coast Guard over drawbridge operations on the route, as well as several other issues, at the hearing scheduled for April 4.
In a decision issued today (Monday, March 14), the board notes that, during a prehearing conference in February, STB Chairman Martin J. Oberman asked the parties to contact the Coast Guard to discuss the possibility of scheduling drawbridge openings [see “Moorman, CSX, and Amtrak weigh in …,” Trains News Wire, Feb. 16, 2022]. Those bridges along the potential passenger route must currently open on demand, which is a factor in the traffic modeling used by CSX Transportation in its request for infrastructure improvements prior to the start of passenger service.
Other subjects Amtrak, CSX, Norfolk Southern, and the Alabama State Port Authority should be prepared to address, according to Monday’s document, are:
— How Amtrak’s existing operating agreements with CSX and NS apply to the Gulf Coast dispute, what steps have been taken pursuant to those agreements, and any additional steps under those agreements that are contemplated by the parties. The board also asks how a specific section of those agreements apply. (Amtrak submitted its operating agreements under seal, so the details of what is identified as section 5.1E are not publicly available.)
— If the board finds that the CSX and NS failed to demonstrate Amtrak service would “impair unreasonably” freight operations, can the STB still require infrastructure improvements under its authority to “prescribe reasonable terms and compensation” for using the freight facilities and services?
— If the board did find that service would unreasonably impair freight service without additional infrastructure, could it still order CSX and NS to allow the trains, subject to the construction of additional infrastructure as determined by the board?
— If the board orders that passenger service is allowed and that infrastructure must be built, can the STB determine which party must pay for which project, or otherwise apportion the infrastructure costs?
The board also declined to rule on an Amtrak request that NS be required to allow access to its rail lines so Amtrak could prepare for crew qualification trains, but said both parties should be prepared to address this at the April hearing.
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