Review - 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 2^nd, 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.”

The effective date for the rule is February 23^rd, 2024.

 

For more details on this final rule, including links to STB response to comments on NPRM, and a brief listing of changes made as a result of those comments, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-expedited-relief-for - subscription required.

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 22^nd, 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 (https://www.stb.gov/proceedings-actions/dockets-and-service-lists/; Docket EP 762). Comments should be submitted by May 23^rd, 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 6^th, 2022.

For more details about the proposed rulemaking, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-expedited-relief-nprm - subscription required.