BarbriSFCourseDetails

Course Details

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.

Faculty

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.

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?