STB adopts final rule for board-initiated investigations

Written by Kyra Senese, Managing Editor
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The Surface Transportation Board (STB) announced Dec. 14 its adoption of a final rule to establish procedures for board-initiated investigations regarding railroad issues of national or regional influence pursuant to Section 12 of the STB’s Reauthorization Act of 2015 (Reauthorization Act), Pub. L. No. 114-110, 129 Stat. 2228 (2015).  

Prior to the Reauthorization Act’s passage, the STB could only launch an investigation as a response to stakeholder complaints, rather than by its own accord. The final rule of Dec. 14 also signifies the final milestone in the STB’s implementation of the Reauthorization Act.

The STB said, “The Reauthorization Act provides the overarching procedural framework for investigations initiated by the Board. Building on the statutory framework, the STB’s final rule establishes a three-stage process of preliminary fact-finding; Board-initiated investigation; and formal Board proceeding.”

The board will apply the “national or regional significance” standard on a case-by-case basis, weighing factors such as the impact of potential violations on national or regional rail traffic, customers or third parties, as well as the geographic scope of the possible violation. The board’s authority over carrying out investigations does not apply to disputes regarding individual rail rates.

“With our new investigative authority, the Board is better equipped to explore and resolve significant railroad issues,” said STB Chairman Daniel R. Elliott. “These rules ensure appropriate protections for due process, separation of fact-finding versus adjudication, and the timely resolution of investigations. I appreciate the thoughtful comments of our stakeholders throughout the process of this rulemaking, and hope that these rules facilitate investigations of regional or national significance that inspire the public trust.”

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