SURFACE TRANSPORTATION BOARD. APTA Legal Affairs Conference STB s Passenger Rail Responsibilities. February 24, 2014

Transcription

1 SURFACE TRANSPORTATION BOARD APTA Legal Affairs Conference STB s Passenger Rail Responsibilities February 24, 2014 Jamie Rennert Chief, Passenger Rail Operations 1

2 What is the STB? Bipartisan board established Jan. 1, 1996 Assumed some (not all) functions of abolished Interstate Commerce Commission Organizationally housed in U.S. DOT Led by 3 Board Members Appointed by president; confirmed by Senate Serve 5-year terms No more than 2 from same political party Decisionally independent relationship with Congress and Federal courts Staff of 150 (economists, attorneys, analysts) 2

3 What Does STB Do? Freight Rail: Entry and Exit Licensing Rate and service disputes Restructuring (M&A) Amtrak (use of others track, cost allocation) Passenger rail Other modes (limited jurisdiction): Non-energy pipelines Intercity bus carriers Household goods movers Trucking companies (collective activities) Water carriers (U.S. mainland to AK/HI/territories) 3

4 Passenger Rail Responsibilities 1. Core statute: Jurisdiction, Licensing 2. Commuter Rail: Transfer of Infrastructure 3. Amtrak Access Provisions 4. Passenger Rail Investment and Improvement Act of 2008 (PRIIA) 4

5 Interstate Intrastate, Part of Interstate Rail Network Intrastate 1. Regulation of Passenger Rail Resurgence an Evolving Area of Law for STB Schematic of STB s Passenger Jurisdiction Under Core Statute (Subject to STB Analysis of Individual Cases) All Aboard Florida (2012) (2-1) California HSR Construction (2013) Amtrak CSXT Lease- NYS (2012) Michigan DOT (2012) Alaska RR (by statute) ( ) No Jurisdiction Found Most Commuter RR (except infrastructure transfers) Jurisdiction Found DesertXpress (XpressWest) ( ) American Orient Express (2005) 5

6 Core Passenger Rail Statutes 49 U.S.C (a) Board has jurisdiction over transportation by rail carrier... between a place in a State and a place in the same or another State as part of the interstate rail network U.S.C (9) transportation includes facilities/equipment related to the movement of passengers... by rail and services related to interchange of passengers U.S.C (5) Rail carrier means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation. 49 U.S.C (6) Railroad includes... the road used by a rail carrier and owned by it or operated under an agreement; and facilities used or necessary for transportation. 6

7 Core Passenger Rail Statutes (cont d) 49 U.S.C (c) Board generally does not have jurisdiction over mass transportation provided by a local governmental authority. 49 U.S.C (c) Amtrak subject only to certain provisions of the Board s governing law (directed service, pooling, recordation of equipment trusts, limitations on state and local taxing authority, Carmack liability). 7

8 Not Under STB Jurisdiction Stations, facilities, equipment (BUT pooling of equipment or other services may be) Greenfield or other new track within one state for intrastate service, not part of interstate rail network Commuter rail (most) Mass transportation (subway, streetcars) 8

9 Under STB Jurisdiction Non-Amtrak Carrier Greenfield or significant new track for new interstate service Greenfield or significant new track for new intrastate service, part of interstate rail network New international or interstate service on existing lines New intrastate service on existing lines (again, part of interstate rail network) Transfer of existing line from railroad to public entity 9

10 Under STB Jurisdiction? Amtrak s statutory powers are unique Construction v. operation Unlikely where - Improvements to existing line to better serve existing city-pair markets - Amtrak is operator 10

11 Under STB Jurisdiction? Uncertain If Amtrak is operator + - Improvements to existing line for new market 11

12 Factors to Consider Evolving area of law fact-specific Law is speed and technology neutral Funding sources Focus on competition - New markets, new services - Connections with existing or planned passenger rail network in state, region, or across borders - Overlay of services Continuing STB role - Exit licensing - Preemption - Rail labor laws 12

13 2. Commuter Rail: Transfer of Infrastructure State of Maine transactions (8 ICC2d 835 (1991)) Unbundles rights packaged in rail infrastructure/operation Commuter rail authority acquires physical assets + possibly maintenance, dispatching Seller retains common carrier obligation to provide freight rail service New trends? Transfer for HSR (Michigan, CSXT-Amtrak-NYS) Seller held to common carrier obligation to continue providing existing access for Amtrak (FDOT-CSXT-SunRail) 13

14 3. Legacy Amtrak Access Provisions Terms and Conditions Emergency Operating Authority (Rerouting) Directed Service Order Preference Accelerated Speeds Additional Frequencies Exercise of Eminent Domain 14

15 4. PRIIA Responsibilities PRIIA Section Title of Section Codified at 49 U.S.C. 207 Metrics and Standards note 209 State-Supported Routes note 212 Northeast Corridor Infrastructure and Operations Advisory Commission Passenger Train Performance & note 214 Alternate Passenger Rail Service Pilot Program 217 Access to Amtrak Equipment and Services note 228 Sense of the Congress Regarding the Need to Maintain Amtrak as a National Passenger Rail System 301 Capital Assistance for Intercity Passenger Rail Service Congestion Grants Tunnel Project (Baltimore rail tunnel alignment) 401 Commuter Rail Mediation Historic Preservation of Railroads 15

16 Section 209: State-Supported Routes Addresses States and Amtrak s contributions to support routes 750 miles or shorter that are part of the national rail passenger transportation system or other contracted intercity rail service (see 49 USC 24102(5) & 24702) Methodology approved (Mar. 2012); Implemented (Oct. 2013) for FY 2014 Pending proceeding on one cost item, between CCJPA and Amtrak, filed Dec (FD 35790) STB is available to mediate or adjudicate other disputes that might arise 16

17 Section 212: NEC Commission Addresses cost allocation among parties using NEC NEC Commission hard at work to develop formula STB can appoint a mediator to help Commission develop formula; nonbinding mediation If implementation based on formula fails, STB will set and enforce compensation 17

18 Section 213: On-Time Performance Over past two years, STB meeting with stakeholders to become better educated on relationships among Amtrak, host railroads and States, and causes of performance deficiencies STB has power to investigate performance of intercity passenger rail service that falls below 80% OTP for two or more consecutive quarters, and must do so on complaint STB working to determine how it will proceed in light of court decision invalidating Metrics and Standards developed under Sec

19 Sections 214/217: Alternatives to Amtrak Section 214: Alternate Passenger Rail Service Pilot Program FRA issued rules (49 CFR Pt. 269 (Dec. 2011)) If substitute service ceases, STB to work with FRA to ensure continuation of operations No proposals have been received to date under this rule Section 217: Access to Amtrak Equipment and Services State partners on state-supported routes may engage alternate providers If Amtrak and State cannot agree on terms and conditions, STB can order access for alternate provider 19

20 Section 401: Commuter Rail Mediation Non-binding mediation available in disputes over commuter rail access to freight rail corridors and/or trackage Good track record in mediations Staff trained in mediation + knowledge-base Principals w/authority to bind must attend It s free! No filing fees or costs payable to STB for mediation 20

21 STB as an Industry Resource STB is assisting stakeholders by: Working with FRA and States to identify existing/future projects within STB jurisdiction Conducting outreach about all STB passenger rail responsibilities Making staff available to answer questions and provide support 21

22 Questions? Jamie Rennert or Rail Customer & Public Assistance Program