Filed: New Status Report on Amtrak Gulf Coast Service (UPDATED, 5/7)

Written by Marybeth Luczak, Executive Editor

(Southern Rail Commission illustration)

Where does the proposed Amtrak service between New Orleans, La., and Mobile, Ala., stand? Amtrak, CSX, Norfolk Southern (NS), and Alabama State Port Authority and its common carrier operating division, Terminal Railway Alabama State Docks, on May 1 submitted a progress report to the Surface Transportation Board (STB). Among the latest details: They expect the Federal Railroad Administration (FRA) CRISI Grant Agreement and agreements with the Mobile City Council to be finalized this month. Update: The Amtrak platform has been approved by the Mobile zoning board.

STB required the Parties to file a joint status report by May 1, if they had not fully implemented their November 2022 settlement to get two Amtrak trains running in each direction between New Orleans and Mobile, ultimately restoring passenger service in a region that has not had access to it since Hurricane Katrina in 2005; if they had not requested dismissal of the proceeding; and if the STB had not otherwise ordered additional actions.

On Feb. 14, 2024, the STB held a hearing to discuss what was holding up implementation of the Parties’ settlement agreement. The Parties told the STB that the FRA had awarded a $178 million Consolidated Rail Infrastructure and Safety Improvements Program (CRISI) grant to Amtrak to fund certain agreed-upon rail infrastructure projects associated with the service, and that Amtrak had been working with FRA to finalize a funding agreement related to the CRISI grant. Dismissing the Amtrak Gulf Coast Service proceeding, the Parties said, would not be appropriate until the final CRISI grant agreement was executed.

“During the hearing, the Parties explained that before Gulf Coast Service can commence, in addition to finalizing the CRISI Grant Agreement, a platform and layover track must be constructed in Mobile, Ala. (Mobile Station Track Project),” the STB reported Feb. 26, 2024. “According to the Parties, the Mobile Station Track Project requires review under the National Environmental Policy Act (‘NEPA’) at FRA, and Amtrak is negotiating a land use agreement with the City of Mobile (‘Mobile’) related to the Mobile Station Track Project. Finally, according to the Parties, before Gulf Coast Service can commence, Amtrak must also negotiate an operating agreement with Mobile.”

The STB decided on Feb. 26 that the Amtrak Gulf Coast Service proceeding would remain in abeyance and directed the Parties to file a joint status report by March 15 covering issues raised during the hearing.

The Parties submitted a report March 15 (scroll down to download) and again on May 1 (scroll down to download).

Following are the latest details from the May 1 report:

CRISI Grant Agreement: “As the Parties previously reported to the Board, the CRISI Grant Agreement includes both ‘General Terms and Conditions’ and ‘Project Specific Terms and Conditions,’” Amtrak, CSX, NS, Alabama State Port Authority and Terminal Railway Alabama State Docks wrote. “Significant progress is being made with respect to both and Amtrak expects the CRISI Grant Agreement to be finalized in May 2024 and ready for presentation to the other Parties. As to the General Terms and Conditions, Amtrak and the Federal Railroad Administration (‘FRA’) continue to hold bi-weekly coordination calls and there are multiple other calls and emails between Amtrak and the FRA to resolve the remaining issues. Amtrak continues to expect that the General Terms and Conditions will be finalized in May 2024. As to the Project Specific Terms and Conditions, as the Parties previously reported, in March 2024, Amtrak learned that some of the included crossings in the Mississippi Grade Crossings Project have already received upgrades and no longer need to be addressed with funding from the CRISI Grant. Amtrak has been working with the Mississippi Department of Transportation to identify suitable alternative crossings and will update the Project Specific Terms and Conditions content accordingly. On completion, the Project Specific Terms and Conditions document will be sent to FRA for review and acceptance. Amtrak expects to finalize the Project Specific Terms and Conditions in May 2024.”

Mobile Station Track Project Environmental Review: “As the Parties previously reported to the Board, environmental review for the Mobile Station Track Project must be completed before the construction of the Mobile Station Track may commence and this construction is a requirement for beginning passenger operations,” according to Amtrak, CSX, NS, Alabama State Port Authority and Terminal Railway Alabama State Docks, which said they “expect that, once the outstanding approvals described below are secured, the environmental review process will be completed and FRA will authorize the Parties to complete outstanding design work for and construction of the Mobile Station Track Project. As to National Environmental Policy (‘NEPA’) review, Amtrak and FRA are continuing to work closely on preparing the Categorical Exclusion (‘CE’) Worksheet. Amtrak has shared multiple iterative versions with FRA for preliminary review to expedite the final review period. In conjunction with the NEPA process, Amtrak submitted an application for a zoning special exception on March 31, 2024 to the City of Mobile’s Board of Zoning Adjustment. The Board of Zoning Adjustment’s application-approval process includes a hearing on May 6, 2024. A state-mandated 15-day appeal period (closing May 22, 2024) will immediately follow issuance of a decision by the Board of Zoning Adjustment. Assuming the Board of Zoning Adjustment approves the application and no appeals are filed, Amtrak anticipates securing the zoning special exception on May 23, 2024. Amtrak will submit the final CE Worksheet for the FRA’s review upon securing the zoning special exception. Amtrak expects FRA’s review and approval of the CE Worksheet to be completed by the end of May 2024.” According to the Parties, as to “Section 106, Amtrak received written notice from the Alabama State Historical Preservation Office (‘AL SHPO’) on April 19, 2024, concurring with FRA’s finding of Conditional No Adverse Effect with the implementation of the Archeological Monitoring Protocol and Procedures for the Unanticipated Discovery of Archeological Resources and Human Remains, which had previously been provided to AL SHPO on February 29, 2024. Amtrak will implement the plan and provide a monitoring report upon completion. Ongoing consultation with the AL SHPO, Tribal Historic Preservation Offices (‘THPOs’), and other consulting parties will be carried out as needed. It is still anticipated that a monitoring report will be sent to FRA, AL SHPO, the THPOs, and any other consulting parties for review in Fall 2024.” Regarding the Coastal Zone Management Act, Amtrak, CSX, NS, Alabama State Port Authority and Terminal Railway Alabama State Docks noted that as “previously reported to the Board, a letter from the FRA was submitted on February 22, 2024 to the Alabama Coastal Zone Management Program (‘CZMP’) with the FRA’s negative determination. The Alabama Department of Environmental Management’s concurrence with FRA’s Negative Determination was issued on March 19, 2024, agreeing that the Amtrak Mobile Station Early Action Projects will have no reasonably foreseeable effects on Alabama coastal uses or resources.”

Environmental Review for the CRISI Grant Agreement Projects: As previously reported, Amtrak, CSX, NS, Alabama State Port Authority and Terminal Railway Alabama State Docks told the STB that the “environmental review for the CRISI Grant Agreement Projects is not an explicit prerequisite for the commencement of passenger operations, however, each Party to the settlement agreement has the right to withhold their consent to the CRISI Grant Agreement until environmental review for the CRISI Grant Agreement Projects is complete. Pursuant to the pre-approval authority FRA granted to Amtrak to begin to develop environmental review documentation for the CRISI Grant Agreement Projects, Amtrak has developed a draft request for proposal and scope of work for environmental review for the CRISI Grant Agreement Projects.” The Parties noted that Amtrak and CSX “have also continued their weekly project team meetings to advance preliminary design work and environmental review for the CRISI Grant Agreement Projects to be constructed on CSX.” NS, they added, has not been involved in those meetings because it “has completed its preliminary design and environmental work and is prepared to move to the next steps.”

Negotiations with the City of Mobile: According to the Parties, Amtrak and the City of Mobile “have been in regular contact to finalize both the Lease Agreement for the Mobile Station Project and the Restoration and Enhancement Grant Match Funding Agreement.” Since the Parties filed their March 15, 2024, status report, Amtrak and the City “have met every two weeks, with every other meeting in person in Mobile to finalize these agreements. Amtrak and the City are also in regular contact by email. On April 24, 2024, representatives of Amtrak, FRA, CSX, and the Port met in person in Mobile with representatives of the City of Mobile to address additional questions from the City and to express their shared support for the completion of the projects and the start of Amtrak service. CSX organized tours of the relevant property and helped facilitate meetings amongst the stakeholders in support of Amtrak’s efforts. Representatives of Amtrak and representatives from the City have additional in-person meetings scheduled for May 6 and May 7.” The Parties said that “Amtrak is hopeful that the Mobile City Council will schedule a vote to approve both the Lease Agreement and the Restoration and Enhancement Grant Match Funding Agreement in May 2024, and is hopeful that these agreements will be executed by early June 2024.”

Mobile’s Board of Zoning Adjustment on May 6 approved Amtrak’s request for a special exception for construction of a 1,400 square-foot temporary platform, FOX10 News of Mobile reported. The platform will be on Water Street near Cooper Riverside Park, “which is close to where the original stop was before Hurricane Katrina disrupted the service back in 2005,” the media outlet said. “The platform would include 3 ADA parking spaces directly adjacent to it as well as station identification signage and solar powered lighting. Amtrak says the project also includes a layover track for the train to park in order to clear the main line for CSX trains. CSX will also be responsible for building the track and bidding out the contract for the platform.”

When will work begin? “The funding agreement needs to be put in place, the lease agreement needs to be put in place, CSX needs to let the contract for the construction work to take place, higher [sic] the contractor then do the actual work so I’m not yet ready to put a timeline in place but soon,” said Ray Lang, Vice President of State Service Line at Amtrak, according to FOX10 News, which noted that Amtrak plans to return to Mobile “in a few weeks to try and work out the lease agreement and the funding agreement.”