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The Surface Transportation Board (STB) announced on May 15, 2015 that it will launch a rulemaking proceeding to define “on-time performance” under the Passenger Rail Investment and Improvement Act of 2008 (PRIIA). Although PRIIA allows Amtrak and the Federal Railroad Administration (FRA) to jointly develop on-time performance standards for Amtrak trains operating on privately owned freight railroads’ track, the March 9, 2015 S U.S. Supreme Court opinion in the AAR v. Amtrak litigation specifically remanded to the Court of Appeals the issue of whether the Due Process Clause is violated by PRIIA in that it grants Amtrak the power to control the freight trains.

“The board fully recognizes that when Congress enacted PRIIA, it placed importance on the efficient and timely adjudication of on-time performance. Therefore, the board will develop a definition of on-time performance with public participation through a formal rulemaking so that a process will be in place as Congress intended,” the STB stated in a press release.
The STB will issue in a subsequent decision a notice of proposed rulemaking inviting public participation and comment.

Here is a link to the May 15, 2015 STB’s decision.