OMB Approves STB Regulatory Barriers NPRM

On Friday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from the Surface Transportation Board (STB) on “Eliminating Regulatory Barriers to Competition: Review of 49 CFR Part 1144”. The NPRM was sent to OIRA on December 1^st, 2025. It will likely be published in the Federal Register in the next week or two.

This rulemaking was not listed in the Spring 2025 Unified Agenda, but it looks like this is the STB’s implementation of the requirements of EO 14267, Reducing Anti-Competitive Regulatory Barriers.

It does not look like this rulemaking will have any specific impact on hazmat transportation issues, so I will probably not be covering this rulemaking in any detail. I would expect to announce it’s publication in the appropriate Short Takes post.

STB Sends Regulatory Barriers NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the Surface Transportation Board (STB) on “Eliminating Regulatory Barriers to Competition: Review of 49 CFR Part 1144” [link added]. This rulemaking was not listed in the Spring 2025 Unified Agenda, but it looks like this is the STB’s implementation of the requirements of EO 14267, Reducing Anti-Competitive Regulatory Barriers.

It does not look like this rulemaking will have any specific impact on hazmat transportation issues, so I will probably not be covering this rulemaking in any detail. I would expect to announce it’s publication in the appropriate Short Takes post.

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 - OMB Approves STB Reciprocal Switching Initial ICR

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a new information collection request (ICR) from the Surface Transportation Board for “Reciprocal Switching for Inadequate Service”. This ICR supports the reporting and information sharing requirements established by the STB’s recent final rule on “Reciprocal Switching for Inadequate Service”. The 30-day ICR notice for this ICR was published in the final rule.

Yesterday’s OIRA notice provides the overall annual burden estimates for the ICR:

For more detailed information on the estimated burden, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/omb-approves-stb-reciprocal-switching - 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.

OMB Approves STB Expedited Relief ICR

Friday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved an information collection request (ICR) from the Surface Transportation Board (STB) on “Expedited Relief for Service Emergencies”. The 60-day ICR notice was published [removed from paywall] on May 2^nd, 2022. The 30-day ICR notice was published [removed from paywall] as part of the final rule on January 4^th, 2024.

Burden Estimate	Initial
# of Responses	32
Time Burden (hrs)	2,710
Cost Burden ($)	0

STB Withdraws Expedited Relief Emergency ICR

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the Surface Transportation Board (STB) had withdrawn an emergency information collection request (ICR) for a new ICR on “Expedited Relief for Service Emergencies”. This ICR would have supported the information reporting requirements of the STB’s recent final rule on “Revisions to Regulations for Expedited Relief for Service Emergencies” that was published on January 24^th, 2024. The emergency ICR request was submitted to OIRA on February 12^th, 2024.

The STB did include an ICR notice in their notice of proposed rulemaking on the subject that was published on May 2^nd, 2022. A similar notice was included in the final rule, but the STB was supposed to have published a 30-day ICR notice when the final rule was published in January. That ICR would have been approved and an ICR collection number issued by this point if it had done so.

Now I suspect that we will see a 30-day ICR notice published in the Federal Register tomorrow or early next week.

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 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.

Review - S 2071 Introduced – Common Carrier Rules

Last month, Sen Baldwin (D,WI) introduced S 2071, the Reliable Rail Service Act. 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.

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.

Commentary

This bill is an outgrowth of the continuing issues that shippers and receivers have had with railroad services. This bill is not going to solve the problem, but it does provide the STB with some additional tools to work out a solution.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2071-introduced - 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.

Review - STB Publishes 60-day ICR Renewal Notice for Urgent Rail Service Issues

Today the Surface Transportation Safety Board published a 60-day ICR revision notice in the Federal Register (87 FR 66345-66346) for their “Urgent Rail Service Issues information” collection. This is, in part, a required follow-up to the initial ICR which was approved on an emergency basis back in July. The revisions being proposed in this update would add 60 hours to the total burden estimate for the ICR.

Public Comments

Public comments on this ICR notice are being solicited by the STB. Comments may be submitted by email to PRA@stb.gov. Comments should be submitted by January 3^rd, 2023. NOTE: The ‘Submit a Formal Comment’ button on the Federal Register page for this Notice does not function because the STB does not use the Federal eRulemaking Portal for processing comments.

 

For more details about the changes in the ICR, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-60-day-icr-renewal - subscription required.

STB Publishes RETAC Meeting Notice – 10-26-22

Today, the Surface Transportation Board published a meeting notice in the Federal Register (87 FR 57747-57748) for a meeting of the Rail Energy Transportation Advisory Committee on October 26^th, 2022 in Washington, DC.

The preliminary agenda includes a rail performance measures review, industry segment updates by RETAC members, and a roundtable discussion.

 

Review - HR 8649 Introduced – STB Authorization

Last month, Rep Payne (D,NJ) introduced HR 8649, the Freight Rail Shipping Fair Market Act. This bill is a reauthorization bill for the Surface Transportation Board (STB). The bill includes revisions to rail service provisions in USC. The bill also provides for the establishment of a “Passenger-Freight Rail Transportation Advisory Council”. The bill includes funding authorization for the STB, starting at $48 million in FY 2023, and gradually increasing to $55 million in FY 2027.

The bill includes the following sections that may have an impact on freight rail service rules:

§203. Service delivery standards in contracts.

§204. Leveling the playing field on demurrage charges.

§205. Minimum service delivery standards for common carrier transportation, service, and rates.

§206. Updating STB emergency powers.

§207. Support for freight car GPS and other telemetry systems

Moving Forward

Payne and one of this three cosponsors {Rep DeFazio(D,OR)} are members of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration. This means that there should be sufficient influence to see this bill considered in Committee. There will be some Republican opposition to this bill because of the influence of the railroads who will object to many of the measures included in the bill. Even so, there should be sufficient support to allow the bill to pass in Committee with some Republican support, as many rail shippers will be supporting this bill.

I do not think that there will be sufficient Republican support, however, for the bill to be considered under the suspension of the rules process. Thus, it will be interesting to see if there is sufficient influence to see the bill considered under regular order in the crowded sessions in the limited floor days left in this Congress. I do not suspect that it will. This bill could, however, end up as part of the year end spending bill.

For more information on the freight rail service issues addressed in this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-8649-introduced - Subscription required.

OMB Approves STB Emergency ICR for Urgent Rail Service Issues

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved an emergency information collection request (ICR) from the Surface Transportation Board (STB) for “Urgent Rail Service Issues”. The 30-day ICR notice was published on June 17^th, 2022. The ICR is approved through January 31^st, 2023; the STB will have to go through the normal publish-comment cycle to renew the ICR past that date.

Sharp eyed readers will probably recall that the OMB previously announced that this emergency ICR had been withdrawn. It now appears that the unexplained withdrawal was due to problems with the supporting document submitted to OIRA. The earlier version of that document did not include any mention of the April STB hearings that specifically led to the STBs order to produce the information covered in the ICR. The version used to support the approved ICR contains a brief discussion of that hearing in the opening section of the document.

STB Withdraws Urgent Rail Issues Emergency ICR

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that the Surface Transportation Board had withdrawn its emergency request for the approval of an information collection request (ICR) for “Urgent Rail Service Issues”. There is no indication on the OIRA site as to why the request was withdrawn, nor is their any mention of the withdrawal on the EP 770 docket on the STB web site.

Technically, the STB would have to have an approved ICR to be able to require the data submissions from the four Class I railroads for the reporting requirements ordered on May 6^th, 2022 and the subsequent order that was issued by the STB on June 13^th, 2022. Since the railroads have already submitted the preliminary and revised data required by the two STB orders the issue may be moot. It is still unusual to have emergency ICRs like this withdrawn.

STB Updates Emergency ICR for Urgent Rail Service Issues

On Friday, the Surface Transportation Board published an amended notice for an emergency information collection request approval in the Federal Register (87 FR 36569-36571) for “Urgent Rail Service Issues”. This notice supplements an earlier request for an emergency ICR on the same topic that was published on June 3^rd, 2022. The original request was to support the STB’s reporting requirements ordered on May 6^th, 2022. Friday’s revised request comes as a result of the STB’s concerns about inadequate information provided by the four largest Class I railroads ordered to provide service recovery plans. A subsequent order was issued by the STB on June 13^th, 2022 explaining those information deficiencies and requiring those railroads to provide more specific details about those plans. This amended ICR notice addresses those increased information requirements.

The STB is soliciting public comments on the ICR notice (not the underlying order). Comments may be submitted via email to PRA@stb.gov. Comments should be submitted by July 1^st, 2022.

Committee Hearings – Week of 5-8-22

This week, with both the House and Senate back in Washington, there is a heavy committee hearing schedule with a major focus on the FY 2023 budget. We also have one cybersecurity hearing and a hearing on the reauthorization of the Surface Transportation Board.

FY 2023 Budget Hearings

Tuesday – DOT – THUD Subcommittee, House Appropriations Committee,

Wednesday – DOD – DOD Subcommittee, House Appropriations Committee,

Wednesday – NSF – CSJ Subcommittee, House Appropriations Committee,

Wednesday – DOC – CSJ Subcommittee, Senate Appropriations Committee,

Thursday – DOC – CSJ Subcommittee, House Appropriations Committee,

Thursday – Coast Guard – Homeland Security Subcommittee, House Appropriations Committee,

Thursday – DOE Science & Energy – EWD Subcommittee, House Appropriations Committee,

Cybersecurity Hearing

On Wednesday two subcommittees of the House Science, Space, and Technology Committee will be holding a hearing on “Securing The Digital Commons: Open-Source Software Cybersecurity”. The witness list includes:

• Brian Behlendorf, Open Source Security Foundation, and

• Andrew Lohn, Georgetown University

I do not expect much specific focus on operational technology issues.

STB Reauthorization

On Thursday, the Subcommittee on Railroads, Pipelines, and Hazardous Materials of the House Transportation and Infrastructure Committee will hold a hearing on “Board Member Views on Surface Transportation Board Reauthorization”. The witness list will include:

• Martin Oberrman, Chair, STB,

• Patrick Fuchs, Member STB,

• Robert Primus, Member STB,

• Michelle Schultz, Member STB, and

• Karen Hedlund, Member STB

I suspect that there will be a number of questions about the Board’s views on the current railroad service issues and potential future actions by the Board.

On the Floor

The House plans to consider the following bills of interest here this week under the suspension of the rules process:

HR 7077 – Empowering the U.S. Fire Administration Act, as amended,

S 2201 – Supply Chain Security Training Act of 2021,

Reader Comment – Why Cover STB Issues

I had a good friend ask me the other day why I was covering Surface Transportation Board issues in my blog on chemical security. The flip answer is simple, its my blog and I cover what I want. A more helpful answer is that the current railroad service problems are a chemical security issue. In fact, it raises two separate security issues; toxic inhalation hazard chemical security and chemical facility sabotage.

TIH Transit Security

Testimony from the National Association of Chemical Distributors submitted to the docket for the recent rail service hearing included a description of the following incident with two chlorine railcars:

“Chlorine cars ECLX 8116 & PROX 28043 were sitting in Winnipeg for four days when Hawkins entered a service log with CP, pointing out the Federal Railroad Administration violation code regarding toxic by inhalation materials. Per this code, a carrier must forward each shipment of hazardous materials promptly and within 48 hours after acceptance at the originating point or receipt at any yard, transfer station, or interchange point. CP saw the service log, pushed the estimated arrival time (ETA) out another two days and closed it, stating the revised movement date. Hawkins demanded that CP reopen the log and not close it until the issue was resolved. CP did just that and the cars departed after dwelling for a total of six days. It took another three days for the cars to be placed once they arrived in the town of their final destination.”

Chlorine (or any other toxic inhalation hazard – TIH – chemical) railcars are potentially rolling chemical weapons. While railcars in transit are very hard to secure, they are difficult (from a planning and execution point of view) to attack while they are moving. When they are parked for any length of time, it becomes easier to plan and execute an effective attack. In transit delays due to train crew staffing issues, mis-coordinated deliveries resulting in hand-off issues, and general inept management of rail planning all create opportunities for attacks on these railcars. TSA surface security inspectors should be increasing their surveillance of TIH rail shipments while these service problems continue.

Facility Security Issues

These service issues pose an even larger issues for less dangerous hazardous chemical shipments. Since there are no security regulations over these chemicals in transit, the railroads are almost certainly taking even fewer efforts to ensure the security of these railcars when they are not rolling. This would make it easier to sabotage these cars with improvised explosive devices. This combined with the coordination issues being reported on deliveries of railcars to facilities would make it more likely such sabotaged railcars would be adequately inspected prior to its being moved on site.

Since these service issues have potential chemical security issues associated with them, I will continue to cover this situation.

Review - STB Publishes Response to Freight Rail Service Hearing

Yesterday, the Surface Transportation Board (STB) published a Decision (EP 770.1) in response to hearing testimony and written testimony submitted under STB Docket EP 770. According to the Digest of the Decision:

“The Board is requiring service recovery plans and progress reports from the four largest U.S. rail carriers and is directing those carriers to participate in biweekly conference calls to further explain efforts to correct service deficiencies.

The Board is also requiring all Class I rail carriers to report more comprehensive and customer-centric performance metrics and employment data for a six-month period. In response to concerns raised at the recent hearing and related communications, the Board is taking this action to inform its assessment of further actions that may be warranted to address the acute service issues facing the rail industry and to promote industry-wide transparency, accountability, and improvements in rail service.”

Commentary

While it may look like the Surface Transportation Board is kicking the can down the road, this dual data collection effort is an important step forward in addressing what is inherently a very complicated problem. The STB already collects a large mass of information from the railroad. The added data will provide a better look at the scope of the current problem and the six-month time frame will provide for a baseline upon which to compare the results of any future actions the Board may order to rectify the problems.

Unfortunately, these service problems are going to continue. The four problem Class 1s are unlikely to make significant changes to their management programs that appear to have been successful from the point of view of profitability. I suspect that they will continue to focus on the difficulty of hiring additional personnel. If that is successful (and that may be very difficult in the current economic situation), it will not address the process management issues that appear to underly many of these service issues.

With the other three Class Is operating in the same economic environment, and not exhibiting anywhere near the same level of service problems, it seems clear that there are other root causes of the existing problems. Hopefully, the new reporting requirements will help the STB to identify what those root causes are.

For more details about the new reporting requirements, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/stb-publishes-response-to-freight - subscription required.