WASHINGTON — The Surface Transportation Board has denied a request by several shippers’ groups to delay action on proposed rules to establish a voluntary arbitration program for small rate disputes but has modified the procedural schedule for its consideration of the proposals.
The shippers groups — the American Chemistry Council, Corn Refiners Association, National Industrial Transportation League, The Chlorine Institute, and The Fertilizer Institute — had asked that the board hold the procedure in abeyance until the five Class I railroads that petitioned to establish the program — Canadian National, CSX, Kansas City Southern, Norfolk Southern, and Union Pacific indicate of they would agree to arbitration if revenue adequacy is considered. Separately, the railroads asked that the board extend its schedule by 31 days to analyze the arbitration proposal proposed by the board.
In denying the shippers’ request, the board determined that their request to ask the railroads to pledge to participate was premature, as the railroads “are likely still developing their position on [revenue adequacy] and other issues.”
The board also determined that the deadline for comments will remain Jan. 14, 2022, saying the railroads had not demonstrated that the existing deadline would be “unduly burdensome,” but extended the deadline for replies to April 15 from March 15 — when the board is scheduled to hold a hearing on reciprocal switching [see “STB sets details for hearing …,” Trains News Wire, Dec. 28, 2021].
