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Rail News: Federal Legislation & Regulation

STB continues emergency order in Foster Farms, UP case


The Surface Transportation Board late last week directed Union Pacific Railroad to continue carrying out specific service commitments to Foster Poultry Farms, file daily status reports to the board and hold weekly conferences with board staff.

The STB also directed UP to notify Foster Farms in writing of any need to deviate from its proposed schedules.

On June 15, Foster Farms petitioned the STB for an emergency service order due to what it characterized as a significant deterioration in rail service from UP. Two days later, the board issued an emergency order for UP to commit to providing certain unit trains dedicated to transporting corn to Foster Farms’ facilities in California. The STB has been in contact with both parties and service has been restored to a level that enables Foster Farms to feed its livestock and maintain its obligations to customers in the short term, STB officials said in a press release.

On June 28, Foster Farms asked the STB to continue monitoring the situation for at least the initial 30-day emergency period.

To read the board's order, click here.

Meanwhile, the STB also last week issued a notice in the merger application filed by Canadian Pacific and Kansas City Southern, accepting responsive applications by CN and Norfolk Southern Railway for the board's consideration.

CP and KCS submitted a revised operating plan — as ordered by the board — on May 13. On June 9, CN and NS filed amended responses with each railroad requesting a number of conditions, including the acquisition of the Springfield Line in Illinois and Missouri and certain trackage rights. Specific requests made by CN and NS are detailed in the full decision, available here.

The STB found CN and NS's responsive applications to be in compliance. The board will accept written comments from the public until July 12.

Contact Progressive Railroading editorial staff.

More News from 7/5/2022