Sunday, May 1, 2022

Review - 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.

The Board is soliciting public comments on the proposed changes to §1146. The comments may be submitted to the Board via their website (; 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.

For more details about the proposed rulemaking, see my article at CFSN Detailed Analysis - - subscription required.

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