Commentary

2014: Railroads face problematic Washington landscape

Take it from an iron horse’s mouth that if it ain’t one damn thing, it’s another, and 2014 will present for railroads a repast of challenges on Capitol Hill, before the Surface Transportation Board (STB) and federal courts, and at the labor bargaining table.

STB decision upholds federal preemption of state statutes

The Surface Transportation Board has ruled that claims filed against Norfolk Southern in certain Virginia state court lawsuits are preempted by federal law. STB, in “NORFOLK SOUTHERN RAILWAY COMPANY—PETITION FOR DECLARATORY ORDER” (Docket No. FD 35701), granted NS’s petition on Nov. 4, 2013.

STB: UP, NS revenue-adequate for 2012

The U.S. Surface Transportation Board on Oct. 17, 2013 released its findings on U.S. Class I railroad revenue adequacy for 2012, and found that only two carriers—Union Pacific and Norfolk Southern—qualify as revenue-adequate.

Train and engine crew employment climbs in July

Employment figures released by the Surface Transportation Board for July 2013 show that Class I railroads employed 163,956 people, up 1.20% from July 2012, though down 0.31%, from the previous month of June 2013.

STB adopts final PTC expenses and investments reporting rules

On Aug. 14, 2013, the Surface Transportation Board adopted final rules for the reporting of positive train control (PTC) expenses and investments for Class I railroads.

STB schedules hearing on mandatory competitive switching

The Surface Transportation Board has scheduled an Oct. 22, 2013 public hearing to explore issues surrounding the National Industrial Transportation League (NITL) petition to modify the Board’s standards for mandatory competitive switching.

STB authorizes California HSR construction

The Surface Transportation Board on Thursday, June 13, issued a decision authorizing the California High Speed Rail Authority to construct a 65-mile high speed passenger rail line between Merced and Fresno, Cal., which will be the first section of the planned statewide California High-Speed Train System. The authorization “is subject to environmental conditions and the condition that CHSRA build the route designated by the Federal Railroad Administration as environmentally preferable,” STB said.

AAR fires at NITL over forced switching proposal

Like a U.S. Navy destroyer unleashing all of its weapons simultaneously, the Association of American Railroads has launched a strongly worded attack on the National Industrial Transportation League’s proposal to the Surface Transportation Board for “forced switching,” also known as “mandated access,” “mandatory switching,” and “forced competition.”
Commentary

For whom does the STB bell toll?

With the Obama nomination of Anthony Foxx to become the next transportation secretary, chatter now focuses on the successor to Frank Mulvey at the three-member Surface Transportation Board (STB). 

STB says no to UP TIH petition

The Surface Transportation Board announced May 1 that it has denied Union 
Pacific’s (UP) petition requesting that the Board find
 reasonable certain UP tariff provisions requiring shippers of
 Toxic-by-Inhalation Hazardous (TIH) commodities to indemnify UP against all
 liabilities not caused through UP’s own negligence or fault.



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