Surface Transportation Board Reauthorization

Surface Transportation Board Reauthorization Act of 2011

On January 25, 2011, Sen. Rockefeller (D-WV) introduced S. 158, the Surface Transportation Board Reauthorization Act of 2011. This bill would reauthorize the Surface Transportation Board (STB) for the first time since its inception and give the Board a greater role in regulating freight rail rates. The bill would require major railroads to quote “bottleneck” rates, reciprocal switching and terminal access rates; create a process for parties to challenge paper barriers; and give STB independent investigative authority. In addition, the STB would go from three to five members, require railroads to provide reasonable service in connection with common carrier rates; and open up the STB’s simplified rate case process to more rail shippers.

S. 158 was referred to the Senate Committee on Commerce, Science and Transportation where it is pending consideration. The bill has one cosponsor and there is no companion bill in the House.

The Railroad Antitrust Enforcement Act of 2011

On January 25, 2011, Sen. Kohl (D-WI) introduced S. 49, the Railroad Antitrust Enforcement Act of 2011. S. 49 would repeal limited antitrust exemptions provided for freight railroads. In addition, the bill would allow for a revisiting of transactions receiving full and final approval by the Interstate Commerce Commission or the Surface Transportation Board.

On March 3rd, the Senate Judiciary Committee approved S. 49, by a vote of 14-1, with 3 Senators abstaining. There is no companion version of the legislation in the House at this time.