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On April 22, 2022, the Surface Transportation Board (STB or Board) released a notice of proposed rulemaking (NPRM) to amend its emergency service regulations in response to concerns raised by industry stakeholders. Opening comments are due by May 23, 2022, and reply comments are due by June 6, 2022.

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The NPRM follows and builds upon a series of public hearings and informal meetings on service issues, including an October 2017 public hearing on CSX Transportation Inc.’s service issues, ex parte meetings with industry stakeholders in 2018, and the most recent public hearings on current rail service problems held on April 26 and 27, 2022. The Board’s proposed amendments are designed to address concerns raised by stakeholders as to, among other things, the length of time required to obtain a service remedy and the substantial burden placed on petitioners under the current regulations, even when the emergency is acute.

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Specifically, the Board’s NPRM includes the following proposals:

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For more information about the Board’s NPRM and for assistance in drafting comments, please contact:

Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Sandra L. Brown 202.263.4101 <a href="mailto:Sandra.Brown@ThompsonHine.com">Sandra.Brown@ThompsonHine.com</a>

Jeff Moreno 202.263.4107 <a href="mailto:Jeff.Moreno@ThompsonHine.com">Jeff.Moreno@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

David E. Benz* 202.263.4116 <a href="mailto:David.Benz@ThompsonHine.com">David.Benz@ThompsonHine.com</a>

Kerem Bilge 202.263.4104 <a href="mailto:Kerem.Bilge@ThompsonHine.com">Kerem.Bilge@ThompsonHine.com</a>

*David is not admitted to practice in Illinois; he is admitted to practice only in the District of Columbia and Virginia.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhinestaging.contentpilot.net/wp-content/uploads/2022/08/Transportation_Update_-_STB_Proposes_to_Amend_its_Emergency_Service_Regulations.pdf

STB Proposes to Amend Its Emergency Service Regulations

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