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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, August 13, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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

Tim Strafford
Partner
Steptoe, LLP

Mr. Strafford focuses his practice in the rail regulatory space. Prior to joining Steptoe, he worked at the Association of American Railroads (AAR) representing the railroad industry before federal regulatory agencies, including the Surface Transportation Board (STB), Federal Railroad Administration, Federal Communications Commission, and Customs and Border Protection. He has also handled matters related to federal preemption, communications law, and transborder transportation. Before joining the AAR, Mr. Strafford served as Chief of Staff to the Chairman of the STB. He also worked as an attorney at the STB in a variety of positions in the Office of Proceedings.

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Jason D. Tutrone
Partner
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and international matters involving logistics services and transportation. These matters include: regulatory compliance; regulatory enforcement; agency rulemaking; legislative concerns; service issues; loss and damage claims; transportation security; contract drafting and negotiation; and rate disputes before the Surface Transportation Board (STB). His practice is multimodal, involving air, motor, ocean and rail transportation, and encompasses a wide variety of logistics services, such as warehousing and terminal services.

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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?