The Surface Transportation Board (STB) has adopted a final rule to establish procedures for Board-initiated investigations concerning railroad issues of national or regional significance pursuant to Section 12 of the Surface Transportation Board Reauthorization Act of 2015 (Reauthorization Act), Pub. L. No. 114-110, 129 Stat. 2228 (2015).
Before the Reauthorization Act, the STB could only commence an investigation in response to a stakeholder’s complaint. The Reauthorization Act provides the overarching procedural framework for investigations initiated by the STB. The new final rule establishes a three-stage process of preliminary fact-finding; Board-initiated investigation; and formal Board proceeding.
STB Chairman Daniel R. Elliott stated, “With our new investigative authority, the Board is better equipped to explore and resolve significant railroad issues. 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,” added Elliott.
The STB noted that it will apply the “national or regional significance” standard on a case-by-case basis, considering factors such as the impact of the potential violation on national or regional rail traffic, customers, or third parties, as well as the geographic scope of the potential violation.