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12/22/2015
Surface Transportation Board (STB) Chairman Daniel Elliott III yesterday announced details of the STB Reauthorization Act of 2015, which President Obama signed into law late last week.As of Dec. 18, the STB became its own entity with economic oversight of the U.S. rail system. Prior to the new law, the board was aligned with the U.S. Department of Transportation, although the STB's decision-making has been independent since it was created in 1996 by the Interstate Commerce Commission Termination Act of 1995.According to Elliott's summary, the new law:• expands the board from three to five members.• allows a majority of the board to meet in private to discuss agency matters if no vote or official action is taken, but stipulates that a meeting summary must be made public within two business days of the event taking place.• gives the board authority to initiate investigations, and requires the board to begin a rulemaking to establish this new authority.• directs the board to adjust its voluntary arbitration process, including increases in the maximum damage awards.• shortens timelines that apply to large rate case proceedings, including limits on time allowed for discovery and development of the evidentiary record.• directs the U.S. comptroller general to begin a study of rail transportation contract proposals containing multiple origin-to-destination movements.• directs the board to submit a rate case methodology report and quarterly reports on unfinished regulator proceedings to pertinent congressional committees.The act also requires the STB to produce an annual investigative report on actions that the board initiates; quarterly reports on pending and completed rate cases; and quarterly formal and informal reports on railroad service complaints.Meanwhile, the STB announced last week that the Rail Heritage Map has been added to the online Railroad Map Depot created and maintained by the STB's Office of Environmental Analysis. Available for public use and research, the new map displays information on the locations of historic railroad properties listed on the National Park Service's National Register of Historic Places.