STB

The freight railroad and ocean shipping sectors are both very much in the crosshairs of an executive order (EO) issued by the White House this week, which is focused on promoting competition within the American Economy.

Martin Oberman, Chairman of the Surface Transportation Board (STB), an independent adjudicatory and economic-regulatory agency charged by Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, issued letters to leadership to all seven North American Class I railroads, calling for updates on their preparedness to meet demand for rail service amid the ongoing economic recovery from the COVID-19 pandemic.

After an ongoing theme of stops and starts and new developments, regarding the respective pursuits by Class I North of the Border railroads Canadian National (CN) and Canadian Pacific (CP) of Kansas City Southern (KCS), it appears that the train may be coming to a stop, with CN and KCS saying earlier today that they have reached a deal and have entered into a definitive merger agreement, which they said will “create the premier railway of the 21st century.”

CP has previously said that the deal is subject to approval from the Surface Transportation Board (STB) and is expected to be completed by mid-2022. STB leadership said last week it received a “notice of intent” about the proposed transaction.

Following confirmation by the United State Senate in November, the Surface Transportation Board (STB), an independent adjudicatory and economic-regulatory agency charged by Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, formally welcomed Michelle A. Schultz and Robert Primus to serve as new STB Board members.

The Surface Transportation Board (STB), an independent adjudicatory and economic-regulatory agency charged by Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, received some good news, when the United States Senate confirmed Michelle A. Schultz and Robert Primus to serve as STB Board members.

With this week marking the 40th anniversary of the landmark Staggers Act, various freight railroad stakeholders have banded together to take a look back at how it has fundamentally shaped the sector since it was enacted. The Staggers Act, which was named for the late West Virginia Rep. Harley Staggers and signed into law by President Jimmy Carter on October 14, 1980, has provided myriad benefits for freight railroad stakeholders, according to the Association of American Railroads (AAR).

The Washington, D.C.-based Surface Transportation Board (STB), an independent adjudicatory and economic-regulatory agency charged by Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, recently announced that it made its annual determination of revenue adequacy for United States-based Class I railroads for calendar year 2019.

The letter’s authors—Ronald Batory, FRA Administrator, Ann Begeman, STB Chairman, Martin Oberman, STB Vice Chairman, and Patrick Fuchs, STB Board Member—explained that the objective of the letter was to reemphasize the importance of safe, dependable rail service, at a time when the nation is focused on restoring jobs and economic recovery.

STB officials said that the objective of this rule is to “establish a streamlined approach for pleading market dominance in rate reasonableness proceedings,” adding that “The final rule provides an option for simplifying the market dominance inquiry, which otherwise can be costly and time-consuming, especially in smaller cases.

In a letter to the United States Senate Committee on Commerce, Science, and Transportation, the RCC said it strongly supports the confirmation of Michelle A. Schultz and Robert Primus to serve as STB Board members.

The Surface Transportation Board (STB) rolled out multiple decisions related to railroad demurrage and accessorial rules and charges, with multiple takeaways for rail carriers and shipper, including promoting transparency, timeliness, and mutual accountability by rail carriers, shippers, and receivers they serve.

STB officials said that this rule amends regulations that govern class exemptions for certain miscellaneous commodities like paper products and steel scrap, and boxcar transportation to clearly state the demurrage continues to be subject to STB regulation, with this modification reflecting longstanding court and agency rulings that these exemptions do not apply to the regulation of demurrage.

A letter sent today to Senate and House leaders, for the Senate Subcommittee on Commerce, Science, and Transportation and the House Subcommittee on Railroads, Pipelines, and House Subcommittee on Railroads, Pipelines, and Hazardous Materials, from leadership at the Washington, D.C.-based Competitive Enterprise Institute (CEI), a non-profit libertarian think tank, in advance of the Surface Transportation Board’s (STB) December 12-13 hearing on railroad revenue adequacy, raised concerns over what it called the potential for the STB to use...

Earlier this week, the Washington-based Association of American Railroads (AAR) said it filed comments with the Surface Transportation Board (STB) in regards to the STB’s Final Offer Rate Review (FORR) proposed rule, in which the AAR said that it is calling on the STB to withdraw the rule proposal, as it contends it is unlawful.