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Re: You're missing the point
Author: Dr Zarkoff
Date: 07-05-2013 - 09:58
OK, here it is:
"SEC. 207. METRICS AND STANDARDS.
(a) IN GENERAL.-
Within 180 days after the date of enactment of this Act, the Federal Railroad Administration and Amtrak shall jointly, in consultation with the Surface Transportation Board, rail carriers over whose rail lines Amtrak trains operate, States, Amtrak employees, nonprofit employee organizations representing Amtrak employees, and groups representing Amtrak passengers, as appropriate, develop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations, including cost recovery, ontime performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Such metrics, at a minimum, shall include the percentage of avoidable and fully allocated operating costs covered by passenger revenues on each route, ridership per train mile operated, measures of on-time performance and delays incurred by intercity passenger trains on the rail lines of each rail carrier and, for long-distance routes, measures of connectivity with other routes in all regions currently receiving Amtrak service and the transportation needs of communities and populations that are not well-served by other forms of intercity transportation. Amtrak shall provide reasonable access to the Federal Railroad Administration in order to enable the Administration to carry out its duty under this section.
(b) QUARTERLY REPORTS.-
The Administrator of the Federal Railroad Administration shall collect the necessary data and publish a quarterly report on the performance and service quality of intercity passenger train operations, including Amtrak's cost recovery, ridership, on-time performance and minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services.
(c) CONTRACTS WITH HOST RAIL CARRIERS.-
To the extent practicable, Amtrak and its host rail carriers shall incorporate the metrics and standards developed under subsection (a) into their access and service agreements.
(d) ARBITRATION.-
If the development of the metrics and standards is not completed within the 180-day period required by subsection (a), any party involved in the development of those standards may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in resolving their disputes through binding arbitration."
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Synopsis:
(a) says: the FRA and Amtrak shall consult with the STB, host rrs, funding agencies, unions, etc. to establish/improve the yardstick(s) used for measuring the standards of quality of inter-city train ops, including this list of aspects and things to be examined and measured.
(b) says: the FRA must publish quarterly reports based on data which results from these metrics and standards.
(c) says: if at all possible, Amtrak and the host RRs shall include the jointly developed metrics and standards of (a) in their operating contracts.
(d) specifies a time limit to developing these standards in order to keep any of the parties involved from sandbagging the process.
I don't disagree with the Court's concern about a corporation being granted regulatory authority. What I don't see is how they reached this conclusion with section 207's wording.
For example, both the engineer's and trainmen's Union contracts with Amtrak contain sentences requiring jointness-of-discussion when setting up the way runs are structured, essentially the same process described in 207 (a). However, the very next sentence in both contracts says that in the event that no agreement is reached, Amtrak can go ahead and do what it wants over the objections of the Unions. It's this type of veto power the Court was concerned about. Where does any language even remotely resembling this appear 207?
"SEC. 207. METRICS AND STANDARDS.
(a) IN GENERAL.-
Within 180 days after the date of enactment of this Act, the Federal Railroad Administration and Amtrak shall jointly, in consultation with the Surface Transportation Board, rail carriers over whose rail lines Amtrak trains operate, States, Amtrak employees, nonprofit employee organizations representing Amtrak employees, and groups representing Amtrak passengers, as appropriate, develop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations, including cost recovery, ontime performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Such metrics, at a minimum, shall include the percentage of avoidable and fully allocated operating costs covered by passenger revenues on each route, ridership per train mile operated, measures of on-time performance and delays incurred by intercity passenger trains on the rail lines of each rail carrier and, for long-distance routes, measures of connectivity with other routes in all regions currently receiving Amtrak service and the transportation needs of communities and populations that are not well-served by other forms of intercity transportation. Amtrak shall provide reasonable access to the Federal Railroad Administration in order to enable the Administration to carry out its duty under this section.
(b) QUARTERLY REPORTS.-
The Administrator of the Federal Railroad Administration shall collect the necessary data and publish a quarterly report on the performance and service quality of intercity passenger train operations, including Amtrak's cost recovery, ridership, on-time performance and minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services.
(c) CONTRACTS WITH HOST RAIL CARRIERS.-
To the extent practicable, Amtrak and its host rail carriers shall incorporate the metrics and standards developed under subsection (a) into their access and service agreements.
(d) ARBITRATION.-
If the development of the metrics and standards is not completed within the 180-day period required by subsection (a), any party involved in the development of those standards may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in resolving their disputes through binding arbitration."
------
Synopsis:
(a) says: the FRA and Amtrak shall consult with the STB, host rrs, funding agencies, unions, etc. to establish/improve the yardstick(s) used for measuring the standards of quality of inter-city train ops, including this list of aspects and things to be examined and measured.
(b) says: the FRA must publish quarterly reports based on data which results from these metrics and standards.
(c) says: if at all possible, Amtrak and the host RRs shall include the jointly developed metrics and standards of (a) in their operating contracts.
(d) specifies a time limit to developing these standards in order to keep any of the parties involved from sandbagging the process.
I don't disagree with the Court's concern about a corporation being granted regulatory authority. What I don't see is how they reached this conclusion with section 207's wording.
For example, both the engineer's and trainmen's Union contracts with Amtrak contain sentences requiring jointness-of-discussion when setting up the way runs are structured, essentially the same process described in 207 (a). However, the very next sentence in both contracts says that in the event that no agreement is reached, Amtrak can go ahead and do what it wants over the objections of the Unions. It's this type of veto power the Court was concerned about. Where does any language even remotely resembling this appear 207?
