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11/10/2023
Railroads, associations, labor unions, shippers, ports and federal agencies this week weighed in on the Surface Transportation Board's proposed rule that would give shippers access to reciprocal switching as a remedy for poor rail service.
The STB's proposal would streamline the path to a reciprocal-switching agreement when service to a terminal-area shipper fails to meet any of three performance standards: service reliability, service consistency and inadequate local service.
The proposed standards are intended to reflect a minimal level of rail service below which a shipper would be entitled to relief, and each standard would provide an independent path for a petitioner to obtain a prescription of a reciprocal-switching agreement.
To enable shippers to monitor and measure their rail service, the proposed rule would require all Class Is to provide their customers with the historical data for the three service metrics within seven days of a customer’s request.
Comments on the proposal were due Nov. 7. From the shipper community, responses came from organizations representing a range of commodities and products. Also providing input were Class Is; the Association of American Railroads (AAR); the American Short Line and Regional Railroad Association; several labor organizations; the Federal Railroad Administration and the U.S. Department of Agriculture.
AAR and the Class Is offered comments and recommendations that they said were meant to "refine" the STB's framework for determining when inadequate service warranted reciprocal switching as a potential solution.
And in its comments, the ASLRRA said the proposal should be modified so that it's clear short lines and regionals are excluded from the reciprocal switching rule.
Shipper groups that responded included the Glass Packaging Institute, National Grain and Feed Association, Western Coal Traffic League, and the American Fuel and Petrochemical Manufacturers, Several shipper groups commented that they continue to be dissatisfied with rail service, citing persistent and/or recurring problems, and encouraged the STB to implement the proposed rule.
In its comments, the FRA called on the STB to take into account the impact reciprocal switching would have on the safety of railroad operations and any potential adverse effects on passenger-rail service and competition.
The various responses, most of which were filed on Nov. 7, can be found on the STB's website under "Filings."