AAR challenges STB on-time performance ruling

The Association of American Railroads has petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review a recent Surface Transportation Board final rule that defines on-time performance for railroads.    The Association of American Railroads (AAR) on Wednesday filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit challenging a recent Surface Transportation Board (STB) final rule that defines on-time performance for railroads.
   AAR in its court filing argues that the STB ruling should be overturned because the board does not have the authority to define on-time performance. That authority lies with the Federal Railroad Administration and passenger rail line Amtrak as mandated by Congress, according to AAR.
   STB in late July issued a decision under which it would consider on-time arrival and departure – no more than 15 minutes after a train’s scheduled arrival or departure time – at all stations along a train’s route for purposes of assessing on-time performance.
   AAR spokesman Ed Greenberg said at the time the association was disappointed the STB “decided to add mid-point on-time performance measures, which could result in negative impacts for freight rail customers and consumers,” and that AAR would continue to evaluate its further legal options.
   In a separate ruling, the board also withdrew a proposal that would have allowed railroads to prioritize cargo operations over Amtrak passenger trains, but Greenberg told industry news outlet Progressive Railroading the association is not challenging the passenger preference rule.
   “Freight railroads take contractual obligations seriously and comply with the law in giving Amtrak preference,” he said in an e-mail. “That has never been contested by freight railroads.”