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Home , Amtrak, BNSF Railway, BNSF Railway (Metra), Conrail, CSX Transportation, Norfolk Southern Railway

Amtrak’s Rights and Relationships with Host Railroads

September 21, 2017 Jim Blair –Director Host Railroads Today’s System

2| Amtrak Amtrak’s Services

• (NEC) • 457 miles • ‐‐ Northeast Corridor • 11.9 million riders in FY16

• Long Distance (LD) services • 15 routes • Up to 2,438 miles in length

Long • 4.65 million riders in FY16 Distance • State‐supported • 29 routes • 19 partner states • Up to 750 miles in length State- • 14.7 million riders in FY16 supported3| Amtrak Amtrak’s Host Railroads

Amtrak Route System Ownership Excluding Terminal Railroads

VANCOUVER

SEATTLE Spokane

! PORTLAND ST. PAUL / Operated ! St. Albans by NECR MDOT VTR Rutland ! Port Huron ! Brunswick Grand Rapids ! ! ! Pan Am ! Pontiac Hoffmans Albany ! BOSTON ! ! Springfield Metro- ! MBTA North ! ! NEW YORK ! Harrisburg ! CITY ! ! ! SACRAMENTO Charlottesville WASHINGTON ST. LOUIS ! Richmond OAKLAND !

Petersburg ! Buckingham ! Newport News Norfolk NMRX Branch

! City ! Bakersfield ! MEMPHIS SCRRA ALBUQUERQUE ! ! SCRRA / BNSF / SDN ! FT. WORTH SAN DIEGO

HOUSTON ! JACKSONVILLE !

Railroads TAMPA! Amtrak (incl. Leased) Norfolk Southern FDOT ! Union Pacific Pacific BNSF Canadian National CSXT Other Railroads

4| Amtrak Amtrak’s Host Railroads

! MONTREAL

Amtrak NEC Route System Rouses Point Track Ownership Excluding Terminal Railroads ! St. Albans Central

Vermont

Railway ! Brunswick ! TORONTO ! Rutland Niagara Falls Hoffmans Port Huron ! Pan Am ! Schenectady Albany ! Haverhill ! Pontiac Operated

by VIA Rail Worcester ! BOSTON ! MBTA MiDOT Springfield ! (Boston to RI ! Providence Poughkeepsie State Line ! Dispatched by CLEVELAND Metro- ! Amtrak North New Haven ! New Rochelle !

! NEW YORK

! PITTSBURGH Harrisburg ! PHILADELPHIA

! BALTIMORE ! Railroads WASHINGTON Amtrak Canadian Pacific (incl. Leased) CSXT Canadian National ! Charlottesville Richmond ! Norfolk Southern Other Railroads Buckingham Petersburg Branch

! Newport News Norfolk

5| Amtrak Host Railroads by Mileage

• 97% of Amtrak route miles are on host railroads

• 20,000 host railroad miles • 700 Amtrak miles

• 70% of Amtrak -miles are on host railroads:

• BNSF Railway (6.69 million train-miles) • Union (6.09 million train-miles) • CSX Transportation (5.85 million train-miles) • (2.36 million train-miles) • Canadian National Railway (1.45 million train-miles) • Metro-North Commuter Railroad (1.34 million train-miles)

6| Amtrak Backdrop: Amtrak’s Statutory Rights

• The Rail Passenger Service Act of 1970 and subsequent amendments, now codified at 49 U.S.C. §§ 24101 et seq., provides Amtrak with rights on host railroads, including:

– Access to any rail line in the US. – Use of host railroad San Joaquin near Merced, CA facilities. – Payments based on host’s incremental cost. – Amtrak preference over freight transportation. – Additional trains. – Accelerated speeds. – Condemnation authority.

7| Amtrak “Operating Agreements” with host railroads

• 37 negotiated Operating Agreements with 30 different railroads translate statutes to host-specific terms and conditions including:

– Operation of existing service – Service standards – Implementing new service – Liability apportionment – Dispute resolution – Payment amounts and terms for services provided by the host

8| Amtrak Myths of Amtrak Access

• By Federal law, Amtrak is granted access to the entire national rail network. • Including host railroad property such as station buildings, platforms, and other facilities.

• There is no fee for access to the national network granted to Amtrak.

• This access is not restricted to routes where Amtrak already has or previously had service.

9| Amtrak Preference Over Freight Transportation

• Rail passenger transportation provided by Amtrak has “preference over freight transportation in using a rail line, , or crossing….”

• A host may seek to have preference modified by the STB by demonstrating that providing preference “materially will lessen the quality of freight transportation provided to shippers”.

• No host has sought to demonstrate this.

10 | Amtrak Amtrak Payments to Host Railroads

• Incremental cost reimbursement • The short-term avoidable cost incurred by the host due to the presence of Amtrak operations on its rail lines.

• Sometimes includes host railroad staff employed due to the presence of Amtrak.

• Quality Payments/Performance penalties. • Operating agreements seek to incent good performance and penalize poor performance.

11 | Amtrak Performance Influenced by Host Railroads

Sources of Amtrak Train Delay Primary host delay categories: • Freight Train Interference • Slow Orders Third Party * 6% • Passenger Train Interference • Signals • Routing Amtrak • Maintenance of Way 22%

Primary Amtrak delay categories:

• Passenger-related • failure Host • Crew & System 72%

12 | Amtrak * Unused Recovery Time Not Included. Liability Arrangements with Host Railroads

• Standard liability coverage • Amtrak has a unique contractual no-fault liability arrangement with its host railroads, an excellent safety record, and a decades-long history of standing behind its liability commitments to hosts. This combination provides the lowest-cost liability arrangement. • Amtrak extends these arrangements to state sponsors by contract.

13 | Amtrak Amtrak is also a “Host” Railroad

• Six freight railroads operate on Amtrak Lines • Norfolk Southern • CSX • Providence & Worcester • NECR • Pan Am • Conrail

• Most operations at night.

• These railroads pay Amtrak’s fully allocated costs.

• Regular coordination on industrial development, engineering design, operations planning.

14 | Amtrak Amtrak as “Host”

15 | Amtrak Amtrak’s Rights and Relationships with Host Railroads

September 21, 2017 Jim Blair –Director Host Railroads