STB proposes regulations for its implementation of “FAST Act” provisions

The Surface Transportation Board (STB) on July 28, 2016 proposed regulations to implement passenger rail-related dispute resolution provisions of Title XI of the Fixing America’s Surface Transportation (FAST) Act of 2015.

The FAST Act added to the Board’s existing passenger rail adjudicatory responsibilities related to the National Railroad Passenger Corporation (“Amtrak”). Now included are provisions involving Amtrak cost recovery for its operations on state-supported routes, and for costs allocated to states in their use of rail facilities for commuter-rail operations within the Washington, D.C.-to-Boston Northeast Corridor. The Board is proposing new procedural regulations to implement these provisions.

Comments are due by August 31, 2016, and reply comments are due by September 30, 2016.

Among other things, Title XI includes new provisions involving cost recovery by Amtrak for Amtrak’s operation of “state-supported routes” and for the costs allocated to states (including state entities) using the Northeast Corridor rail facilities for their commuter rail operations. As relevant here, Title XI gives the Board jurisdiction to resolve cost allocation and access disputes between Amtrak, the states, and potential non-Amtrak operators of intercity passenger rail service.

In this notice, the Board is proposing a set of procedural rules for the mediation of passenger rail matters arising under Title XI of the FAST Act. Because the Board does not presently have in place a general set of procedural rules to govern the presentation and conduct of proceedings before the Board involving passenger rail matters entrusted to the Board under 49 U.S.C. §§ 24101-24910,[4] which would include contested matters arising under Title XI of the FAST Act, parties seeking to bring contested matters before the Board should be guided by the Board’s existing Rules of Practice, as applicable.

Read the STB’s entire Notice of Proposed Rulemaking HERE.