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10/5/2007



Rail News: Rail Industry Trends

STB proposes rule to more closely scrutinize exemption requests tied to line leases and acquisitions


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The Class Is asked for it and the Surface Transportation Board (STB) has obliged. The board recently initiated a rulemaking to determine whether to require more information from parties using an abbreviated "class exemption" procedure in the regulatory approval process to acquire, lease and operate rail lines.

In June, the six largest Class Is asked the STB to institute the rulemaking. During the past few years, federal, state and local officials, private citizens and others also have urged the board to increase its oversight of parties seeking exemptions from state and local laws while pursuing regulatory approval to operate rail lines and facilities.

The STB plans to prepare a Notice of Proposed Rulemaking that would require more information and enable the board to more closely scrutinize exemption requests, such as those seeking authorization for facilities that transload municipal solid waste, or construction and demolition debris. Board members will seek public comments on the rulemaking.

"By initiating this rulemaking process and receiving public comments, the board will be able to identify and implement improvements that advance the public interest in this area of railroad regulation," said STB Chairman Charles Nottingham in a prepared statement.