Amtrak had asked federal regulators to investigate the ongoing tardiness of the Amtrak LD route: Sunset Limited, saying that the train on-time performance this year was unexpected due to short of minimum standards.
Amtrak had filed with the STB (Surface Transportation Board) does not also mention UP (Union Pacific) which owns the tracks where Sunset Limited use between New Orleans and Los Angeles. The filing report also not break down delays by cause or the railroad.
Here is the filing report that was submitted by Amtrak:
COMPLAINT AND PETITION OF THE NATIONAL RAILROAD PASSENGER CORP. UNDER 49 U.S.C. § 24308(f)–FOR SUBSTANDARD PERFORMANCE OF AMTRAK’S SUNSET LIMITED TRAINS 1 AND 2
__________________________________________________________________
STATUS REPORT REGARDING ON-TIME PERFORMANCE OF
SUNSET LIMITED TRAINS
Pursuant to Section 213 of the Passenger Rail Investment and Improvement Act of 2008 (“PRIIA”),1 the National Railroad Passenger Corporation (“Amtrak”) respectfully submits this further update regarding the customer on-time performance (“COTP”) of Amtrak’s Sunset Limited Service. Recent data continues to demonstrate performance below the minimum standard on this route and highlights the urgent need for investigation by the Surface Transportation Board (the “Board”).
On December 8, 2022, Amtrak submitted a Complaint and Petition to initiate a Board investigation into the substandard COTP of Amtrak’s Sunset Limited Service, including Amtrak Trains 1 and 2 (the “Sunset Limited Trains”). In the Complaint and Petition, Amtrak alleges that the Sunset Limited Trains unambiguously meet the requirements for a mandatory Board investigation because their COTP fell well below eighty percent for two consecutive calendar quarters.2 As Amtrak explained, COTP on this route has been unacceptably low for at least four consecutive calendar quarters, extending across all of Fiscal Year 2022.
- Pub. L. 110-432, 122 Stat. 4848-27 (2008) (codified at 49 U.S.C. § 24308(f)).
- 49 U.S.C. § 24308(f); 49 C.F.R. § 273.5.
On March 13, 2023, Amtrak filed its first status report regarding the on-time performance of Sunset Limited Trains. In that update, Amtrak presented data demonstrating that COTP remained substandard during the first quarter of Fiscal Year 2023, the quarter that concluded after Amtrak filed its Complaint and Petition. Amtrak now has data for the second quarter of Fiscal Year 2023, which underscores the need for an expeditious Board investigation and remediation of the Sunset’s continuing substandard on-time performance.3 During the second quarter of fiscal year 2023, Sunset Limited Train 1 registered 45% COTP and Sunset Limited Train 2 registered 38% COTP. These figures are still nowhere close to meeting the applicable COTP standard. Indeed, as shown below, the COTP for Sunset Limited trains remained deficient for the sixth consecutive quarter:
| Fiscal Year Quarter | Train 1 COTP | Train 2 COTP | |
| 1Q22 | (October-December 2021) | 40% | 40% |
| 2Q22 | (January-March 2022) | 24% | 35% |
| 3Q22 | (April-June 2022) | 10% | 11% |
| 4Q22 | (July-September 2022) | 11% | 7% |
| 1Q23 | (October-December 2022) | 31% | 26% |
| 2Q23 | (January-March 2023) | 45% | 38% |
| Dated: April 18, 2023 | Respectfully submitted: | |
| /s/ Jessica Ring Amunson | ||
| Eleanor D. Acheson | Jessica Ring Amunson | |
| Executive Vice President and General | Alex Trepp | |
| Counsel | Kyle Tramonte | |
| National Railroad Passenger Corporation | Jenner & Block LLP | |
| 1 Massachusetts Avenue, NW | 1099 New York Avenue, NW | |
| Washington, DC 20001 | Suite 900 | |
- As stated in its procedural proposal, Amtrak is prepared to provide the Board with whatever information and data the Board would find helpful in conducting the investigation. See generally Amtrak’s Proposed Procedures and Framework for Board
Investigative and Remedial Phases of Proceeding Under 49 U.S.C. § 24308(f) at 2.
| (202) 253-2763 | Washington, DC 20001 |
| (202) 639-6000 | |
| [email protected] | |
| [email protected] | |
| [email protected] |
Counsel for National Railroad Passenger
Corporation
I, Jessica Ring Amunson, certify that copies of this document are simultaneously being provided
by email to all parties identified on the service list for this proceeding, Docket Number NOR
42175.
| April 18, 2023 | /s/ Jessica Ring Amunson |
| Jessica Ring Amunson |
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