SPAM McGee vs. Alaska Railroad

K. Jane Williams
Acting Administrator - Federal Transit Authority
CC. Secretary Elaine L. Chao/U.S. DOT

Dear K. Jane Williams;

It is through this correspondence, filed as an “Administrative Complaint”, that United States citizen in good standing “Patriotism” S. Pam McGee requests the following: The executive branch of the FTA to execute an investigation this concern on its merits and finds in favor allowing relief. That sought-after relief requiring the Alaska Railroad Corporation to provide “Half Fare” transportation throughout the year between Anchorage and Fairbanks, Alaska’s major population cities and all whistle flag-stops between such locations. At present, the Alaska Railroad allows for such “Half Fare” transportation between September and May only, wherein this “public by definition” rail transportation entity considers this the “Off Peak” as it interprets the regulations designating such qualifications. But this interpretation is in gross error, and comes as a sacrifice to willing “Half Fare” passengers as there exists then limited scheduling when such discounts are invoked according to 49 U.S.C. 5307 - wherein it provokes difficulty to use the “Half Fare” upon its intended design and dedication. The Alaska Railroad Corporation is a state-owned entity boasting a portfolio of $1-Billion in assets, while the State of Alaska boasts an economic portfolio approaching $67-billion with world-wide investments. This state owned transportation railway entity is “public” as it enjoys 5307 funding, close to $57-million from the U.S. Treasury and courtesy the U.S. Taxpayers in this year alone - it is skirting the true intent of the law consistent with 49 U.S.C. 5307(c)(1)(D) by limiting access to “Half Fare” and so restricted it alienates the spirit of the law. The fact that but for a single train is scheduled daily to depart both north and south between Anchorage and Fairbanks, with intermediate stops to Denali National Park during the “Regular Pricing Season” from May through September, this excuse of limited rolling stock infrastructure should not have the power to fail the “Half Fare” requirement. Because of limited departures, it strangles the conditions inherent upon the “Half Fare” intent of not interfering with the passenger demands at the “Peak Hour”, as congestion is not the case in Alaska with the Alaska Railroad system. That said, there is no true “Peak Hour” demands and to define such is cause for concern and used merely as a ways and means to circumvent the intent of the 5307 code. The “Peak Hour” falls within the “tourist” season, so the decision to derail the “Half Fare” during this time frame is based upon an economically driven selfishness and a mandate wherein 3rd party tourism finds an affiliation with the Alaska Railroad - all profit motive driven. The Alaska Railroad should not be allowed to coddle the “Peak Hour” for economic protection and by doing so not offering such reduced “Half Fares” - that which enables economically affordable travel by those less fortunate, either economically disadvantaged or due age advantaged and or a disability. Since the Alaska Railroad Corporation allows for such “Half Fares” at very inconvenient times, that fact alone is evidence that funding is provided through the 5307 formula and during such times the offer of “Half Fare” to the “public” is just too restrictive, even though it follows that criteria spelled out in the code of law. The code is not a “part time” instrument. And the law characterized by the 5307 formula should not allow such preferential treatment, the interpretation of the “Peak Hour” is false as it is misleading and is discriminatory, as there is no “passenger” congestion and the Alaska Railroad could easily accommodate “Half Fare” passengers on a yearly basis. But the necessity to support the economics of this 3^rd party tourism industry, that which could and would loose revenue from passengers utilizing the “Half Fare” availability as was intended by the 5307 code, that revenue justification is indeed a violation upon the spirit of the legislation designed to accommodate reduction in fares for a preferential class. And when “Half Fare” is not restricted, the availability of transport via the Alaska Railroad finds a reduction in scheduled departures so it is an inconvenience that continues to violate the intent of this legislation mandated through the U.S. Congress. During the “Peak Pricing Season”, when “Half Fares” are restricted upon the “public”, the Alaska Railroad schedules 129 Fairbanks bound trains and 129 Anchorage bound trains, in the same amount of days so it is realized as a daily scheduled event. In the “Off Peak” season wherein “Half Fares” can be enjoyed, the Alaska Railroad offers only 37 Anchorage bound trains and 37 Fairbanks bound trains in a 226-day time frame - it is very restrictive travel when “Half Fares” are available. The Alaska Railroad is an entity that relies on Federal Funding to remain buoyant, and for the most part has shown a year-end-profit. The funding from the Federal government is considered as arm-shot “income” in the yearly financial reports and accounts for an estimated 31% of the Alaska railroads operating income and that amounts to an overall net gain of approximately $6-million in revenue, due the fact the Alaska Railroad pays no “corporate taxation”. Through such generous government funding, the Alaska Railroad should show the willingness and decency to engage in the “Half Fare” goals within the 5307 code’s intent without restrictions. The Alaska Railroad receives Federal Funding and makes a profit above and beyond its operating expenses and that should follow a trickle-down mentality to be enjoyed by the U.S. Taxpayers, and what class is better deserving then those required to wrestle with hardships and must rely on and utilize the “Half Fare” structure for purposes of affordable transportation. The Alaska Railroad Corporation has seen its more than fair share of U.S. government financial support and it is time that the “Half Fare” is available on a yearly basis and not used as an “under-handed” detriment upon the “public” but for an economic benefit to a 3^rd party “Private Entity Tourism” industry. Today, this disenfranchising in unfairness is orchestrated by greed of an industry that is allowed preferential treatment by the Alaska Railroad that does not want this “Half Fare”, because it could diminish its return-on-investment in Alaska, and thus the U.S. Government and its citizens are burdened by such unfairness, through deviations from the true intent of the 5307 legislation. The Alaska Railroad’s policies this concern practices discrimination and disenfranchises the intent of the “Half Fare” in efforts to placate this 3^rd party in “Tourism”. Please, take this “Administrative Complaint” under serious consideration and due the 5307 funding, through the U.S.C code that allows for reduction in fares, require the Alaska Railroad Corporation to honor “Half Fare” on a yearly basis without restrictions, else the spirit of this legislation exists in vain, not what the Founding Fathers would have allowed. Congress makes laws for a reason, and the Alaska Railroad is sidestepping its responsibilities for reasons that burdens the citizens of the United States.

Respectfully Submitted on December 5^th, 2018 by S. Pam McGee