STB to consider clarifying ICC Termination Act's preemptions

The Surface Transportation Board this week responded to a letter from a coalition of railroad, shipper and intermodal officials regarding their concerns over the scope and application of federal preemption under the Interstate Commerce Commission Termination Act (ICCTA) of 1995.

Last week, the coalition wrote to the board asking that it clarify ICCTA preemption because state and local authorities have been misinterpreting or misapplying the ICCTA in various scenarios. The law made clear that the STB’s jurisdiction over rail transportation and the construction, acquisition, operation, abandonment or discontinuance of rail infrastructure is exclusive, the group's letter states.

The letter was signed by leaders of the Association of American Railroads, American Short Line and Regional Railroad Association, American Chemistry Council, National Grain and Feed Association, Intermodal Association of North America and the National Industrial Transportation League. Their letter can be read here.

In its response to the coalition, the STB noted that the ICCTA applies to both state and federal law and its "core purpose is to ensure the free flow of interstate commerce, including by preventing a patchwork of differing regulations across states."

The board is considering issuing a policy statement on the ICCTA preemption before the end of this year, the board's letter states.