STB Chair Fuchs takes action on several board proceedings

Surface Transportation Board Chairman Patrick Fuchs yesterday provided updates on recent actions taken to expedite the resolution of several outstanding proceedings before the board.

Those proceedings include:

• Union Pacific Corp. — Control — Missouri-Kansas-Texas Railroad Co. The Kansas City Southern Railroad Co. petitioned the board to enforce conditions imposed by the agency when it approved the acquisition of the Missouri-Kansas-Texas Railroad. The most recent STB action was in September 2023. In April, Fuchs offered a course of action for consideration by the full board.

• Final Offer Rate Review. The STB issued a final rule implementing Final Office Rate Review in December 2022. The U.S. Court of Appeals for the Eighth Circuit decision vacated the rule in August 2024. In April, Fuchs offered a draft action for consideration by the full board, and he expects the board to issue a decision in May.

• Two petitions by BNSF Railway Co. In one case, BNSF in February 2024 asked the board to enforce conditions imposed by the agency when it approved the merger of Union Pacific Railroad Co. and Southern Pacific Rail Corp. Fuchs intends to offer a draft action for consideration by the full board in May. In the second petition, BNSF asked the board to clarify that certain shippers have facilities entitled to BNSF service.

• Petition for Rulemaking to Adopt Rules Governing Private Rail-Car Use by Railroads. In July 2021, the North America Freight Car Association, National Grain and Feed Association, Chlorine Institute and National Oilseed Processors Association asked the board to adopt regulations governing railroads’ use of private freight cars and several related issues. Fuchs intends to offer a draft action for consideration by the full board in May.

Information on those cases and others can be found on the STB website.