Review – S 2104 Introduced - Common Carrier Rules

Back in June Sen Baldwin (D,WI) introduced S 2104, the Reliable Rail Service Act of 2025. The bill would amend 49 USC 11101, expanding the railroad common carrier requirements to provide transportation upon a reasonable request to include requirements for ‘timely, efficient, and reliable rail service’. There is no funding provided in the legislation.

The bill is essentially identical to S 2071, the Reliable Rail Service Act, that was introduced by Baldwin in June of 2023. No other action was taken on the bill in the 118^th Congress.

Moving Forward

Baldwin is a member of the Senate Commerce, Science and Technology Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered in Committee. Railroads are going to oppose this expansion of their common carrier responsibilities based upon their long-standing assertion that they are the only ones that have enough service situational awareness to establish what delivery schedules are reasonable. How that opposition would break down into votes in Committee and ultimately on the floor of the Senate is difficult to quantify. I suspect that any votes would be somewhat bipartisan and very close.

 

For more details about the provisions of the bill see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2104-introduced-common-carrier - subscription required.

Review - Bills Introduced – 6-18-25

Yesterday, with just the Senate in session, there were 46 bills introduced. One of those bills will receive additional coverage in this blog:

S 2104 A bill to amend section 11101 of title 49, United States Code, to ensure that rail carriers provide transportation or service in a manner that fulfills the shipper's reasonable service requirements. Baldwin, Tammy [Sen.-D-WI]

 

For more information on these bills, including legislative history for similar bills in the 118th, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-6-18-25 - subscription required.

Review - STB Publishes Reciprocal Switching Final Rule

Today, the Surface Transportation Board (STB) published a final rule in the Federal Register (89 FR 38646-38710) on “Reciprocal Switching for Inadequate Service”. The rule adds 49 CFR 1145, Reciprocal Switching for Inadequate Service, that provides for the prescription of reciprocal switching agreements to promote adequate rail service through access to an additional line haul carrier. The notice of proposed rulemaking (NPRM) for this action was published (removed from paywall) on September 7^th, 2023.

This rule will be effective September 4^th, 2024.

 

For more information about the provisions of this rule, including changes made to the new performance standards, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-reciprocal-switching-b15 - subscription required.

Review - STB Publishes Reciprocal Switching NPRM

Yesterday, the Surface Transportation Board, responding in part to a 2011 petition by the National Industrial Transportation League (NITL), announced a notice of proposed rulemaking (NPRM) for “Reciprocal Switching For Inadequate Service”. The newly proposed regulations would provide a streamlined path for the prescription of a reciprocal switching agreement when service to a terminal-area shipper fails to meet any of three performance standards. 

Public Comments

The STB is soliciting public comments on the NPRM. Comments may be filed via the STB’s website {https://www.stb.gov/proceedings-actions/e-filing/other-filings/; Docket No. EP 711 (Sub-No. 2)}. Comments should be filed by October 23^rd, 2023.

 

For more details about the provisions of this proposed rulemaking, see my Article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-reciprocal-switching - subscription required.

STB Publishes 30-day ICR Renewal Notice for Urgent Rail Service Issues

Today, the Surface Transportation Board (STB) published a 30-day information collection extension and modification notice in the Federal Register (88 FR 2151-2153) for their “Urgent Rail Service Issues” information collection. The 60-day ICR notice was published on November 3^rd, 2022. No comments have been received on that earlier notice.

The STB is soliciting public comments on this ICR. Comments may be submitted via the ICR site (not yet available) or by email (www.reginfo.gov/​public/​do/​PRAMain). Comments should be submitted by February 13^th, 2023.