STB Publishes Expedited Relief NPRM for Rail Service Emergencies
The Surface Transportation Board (STB) published a notice of proposed rulemaking in Monday’s (available on line starting yesterday) Federal Register (84 FR 25609-25615) for “Regulations for Expedited Relief for Service Emergencies”. This rulemaking was announced on the STB website on April 22nd, 2022 on STB Docket # EP 762. Under this rulemaking, the Board proposes to modify and update its emergency service rules at 49 CFR part 1146.
According to the Summary portion of the rulemaking, the Board proposes to:
Amend procedures for parties seeking a Board order directing an incumbent carrier to take action to remedy a service emergency,
Indicate that the Board may act on its own initiative to direct emergency service,
Modify the informational requirements for parties in emergency service proceedings,
Shorten the filing deadlines in emergency service proceedings and establish a timeframe for Board decisions, and
Establish an accelerated process for certain acute service emergencies.
Background
The STB derives its authority for issuing emergency orders from 49 USC 11123. That section allows the STB, once it determines that an emergency situation exists under §11123(a), to:
Direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines,
Require joint or common use of railroad facilities, and
Prescribe temporary through routes.
Additionally, under §11123(a)(4), the Board is authorized to give directions for:
Preference or priority in transportation;
Embargoes; or
Movement of traffic under permits.
The process for requesting Board action under 49 CFR 1146.1, according to testimony that the Board heard from shippers in 2018, is time consuming and cumbersome. The requirement at §1146.1(b)(1)(iii) that the request include a “commitment from another available railroad to provide alternative service that would meet current transportation needs” has been particularly problematic.
The Proposed Regulations Discussed
The preamble to the NPRM provides discussions of the Boards intent for making the proposed changes to §1146:
Clarifying remedial pathways,
Clarifying that the Board can act on its own initiative
Modifying petition requirements,
Modifying the regulatory timeframe, and
Establishing an accelerated process to handle acute service emergencies,
Public Comments
The Board is soliciting public comments on the proposed changes to §1146. The comments may be submitted to the Board via their website (https://www.stb.gov/proceedings-actions/dockets-and-service-lists/; Docket EP 762). Comments should be submitted by May 23rd, 2022. In keeping with STB procedures, the Board also solicits reply comments. Those reply to comments should be submitted via the same docket by June 6th, 2022.