CSX replies in STB investigation of Amtrak 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 right-of-way) 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.”

“Substantively, the policy statement recognizes that preference must not be viewed as ‘absolute priority,’” said Michael K. Murphy of Gibson, Dunn & Crutcher LLP, Counsel for CSX Transportation, Inc. “Giving preference such an extreme meaning fails to balance the interests of Amtrak passengers, commuter rail passengers, shippers, and host railroads, and fails to give full effect to the intent of Congress. Amtrak’s view that host railroads owe its trains an absolute right of way (akin to emergency vehicles and presidential motorcades) pays no heed to the importance of network fluidity, leading quickly to systemic gridlock.

CSXT performed modeling of its RF&P Subdivision, the results of which . . . demonstrate that according Amtrak trains with absolute priority 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. Lastly, Amtrak’s attempt to limit the relevant evidence that parties will submit in a preference investigation reveals just how one-sided and absolutist its interpretation of preference is. The Board should issue its policy statement as written, subject to the suggestions put forward by CSXT and other host railroads in their initial comments filed in this docket.”

Download CSX’s full letter HERE.