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Surface Transportation Board's New Reciprocal Switching Rules: Standards, Reporting, Enforcement, Impact

Understanding Significant Deviation From Prior Proposed Rules, Anticipating Potential Impact of Public Access to New Data

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 13, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide counsel through the Surface Transportation Board's (STB) new reciprocal switching rules, finalized on Apr. 30, 2024. The panel will offer insight into the main provisions and showcase the substantial differences between the final rules and prior proposals.

Description

The STB's new final rules establish minimum standards for on-time performance, transit time, and local service that would qualify complainants for reciprocal switching orders. According to the STB’s decision, the rules are intended to induce Class I railroads to provide adequate services by giving shippers in terminal areas access to an alternative carrier when an incumbent carrier’s service fails to meet certain minimum standards during 12 consecutive weeks.

To determine whether a carrier's services fall below the minimum standards, Class I railroads will be required to share certain data, though. The new rules do not apply to traffic which moves pursuant to rail transportation contracts. This has led one STB member to simply describe the new rules as "better than nothing."

Listen as our expert panel provides an in-depth look at the changes made by the new rules and their potential impact.

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Outline

  1. Performance standards
  2. Affirmative defenses
  3. Duration and termination of a reciprocal switch agreement
  4. Practical impact of new rules
  5. Petition(s) for reconsideration and judicial appeals

Benefits

The panel will review these and other key issues:

  • How do the final rules differ from prior iterations?
  • Do the new rules promote or favor competition?
  • Will the rules have unintended consequences?
  • What are the implications of data sharing and STB reporting?

Faculty

Strafford, Tim
Tim Strafford

Partner
Steptoe

Mr. Strafford focuses his practice in the rail regulatory space. Prior to joining Steptoe, he worked at the Association...  |  Read More

Tutrone, Jason
Jason D. Tutrone

Partner
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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