STB Publishes Expedited Relief for Service Emergencies Final Rule
Today, the Surface Transportation Board published a final rule in the Federal Register (89 FR 4564-4579) for: “Revisions to Regulations for Expedited Relief for Service Emergencies”. The notice of proposed rulemaking for this rule was published on May 2nd, 2022. This final rule amends 49 CFR 1146, Expedited Relief for Service Emergencies.
This rule changes the process by which “affected shippers or railroads may seek accelerated temporary interim relief under 49 U.S.C. 11123(a) for substantial, measurable deterioration or other demonstrated inadequacy in rail service provided by the incumbent carrier that presents potential imminent significant harm and threatens potentially severe adverse consequences to the petitioner, its customers, or the public.”
NPRM Comment Discussions
The preamble discusses comments made on the NPRM and announces changes to the earlier language, as appropriate, in the following areas:
On the need for the regulatory changes, no changes,
Clarifying remedial pathways, no changes,
Modifying petition requirements, no changes,
Modifying the regulatory timeframe, no changes,
Establishing an accelerated process to handle acute service emergencies, includes changes to proposed 49 CFR 1146.2 (see below), and
Contract and Exempt Traffic, no changes.
Changes to §1146.2
As a result of the comments received, the Board made four changes to the language proposed in 49 CFR 1146.2. In §1146.2(a) the Board changed “immediate and extended plant shutdowns” to simply state “immediate plant shutdowns” and added ‘national defense’ to the list of potential threats worthy of the accelerated process.
Third, the final rule also changed §1146.2 in multiple places to reflect that the full Board, instead of just one Board member, will make the decision on the merits of petitions seeking relief under 49 CFR 1146.2.
Finally, the final rule revised §1146.2(b)(3) to limit the relief order to a period of no more than 20 days.
Effective Date
The effective date for the rule is February 23rd, 2024.