Tag Archives: STB rail regulations

STB addresses rail service standards

The debate about reciprocal switching has been going on for years. That’s a practice that would allow shippers to use a different Class I railroad to carry their goods, even if the rail line their cargo is on is owned by a different Class I railroad. Reciprocal switching access is important in keeping competition between rail lines. Owning the tracks to a siding would seem to guarantee that the owner rail line would get all the business unless reciprocal switching contracts could be agreed.

For years it’s been difficult to get these contracts. Chemical processors have been one of the most difficult areas, because they may have only one rail siding at their plant. They have wanted to be able to negotiate with another rail line for freight rates. But examples abound, usually because of poor service on the Class I rail that owns the sidings.

The Surface Transportation Board (STB) in the US has decided to walk around the problem by opening a new set of regulations defining more precisely what level of service a Class I rail must provide, and to track what level is actually being provided. If adequate service is not being provided, a shipper could ask for relief to use another rail line.

The STB proposal defines three measures, and requires their performance reporting by the Class I rails, in a standardized fashion;

  • Service Reliability, ability to deliver a shipment by the original estimated time of arrival
  • Service Consistency, maintaining a shipment’s movements through the system by looking at transit times
  • Local Service, the ability to perform local deliveries and pickups, known as spots and pulls, within the service window.

Failure to perform on any one of these would be a good reason for a shipper to petition for a reciprocal switching agreement. Some clauses require the rails to submit historical data and provide the data whenever a request is made.

The STB says the rule will incentivize the rails to maintain sufficient capability to meet the minimal service requirements.

Recall that rails have a common carrier obligation to carry the freight that is offered to them. They have it because in most cases they were given the land on which rail lines were built, often in the golden age of railroading around the turn of the 20th century. At that time there were many independent rail lines, and there was a lot of competition for cargo. Now, however, in the US there are only 7 Class I railroads, and each features a certain geographic area. So opportunities for competition on shipping are limited today.

So the ability to have reciprocal switching contracts is very important for avoiding monopoly service and giving shippers options to get better prices.

Joanna Marsh Thursday, September 07, 2023

STB takes long-awaited step in addressing rail service standards

Rail storage fee disputes – STB or FMC?

When containers go by rail to or from ports, we would expect that any detention or storage fees would fall under the Surface Transportation Board (STB) which governs rail traffic in the US. And these fees have become more common, as railroads in the US struggle with manpower shortages, longer trains, lower traffic, and efforts to operate in a leaner fashion. But who to send the bill to?

Many containers are owned by ocean shipping firms, and it would seem like they should be billed if their containers are not picked up in a timely fashion. But it’s the shippers who get the bill.

The Federal Maritime Commission (FMC) has come down with some fairly explicit rules about detention and demurrage charges. The rules specify who is billed, what information must be provided and when, and how disagreements over bills can be resolved, through a process. But when the charges are from rail detention, the FMC claims they have no jurisdiction.

Shippers think the ocean carriers should be billed, and bill disputes be handled at the FMC under the new rules. But ocean carriers think the STB should handle rail demurrage.

I don’t think this can be settled without some Congressional input. It’s one of the gray areas that come up often in logistics, where many partners collaborate to move cargo or cause delays. The parties are never going to agree. For ocean carriers the divided authority is just fine; since they are not getting the rail bills, they have no stake in disputes.

We just need to get a single point of oversight, to lay down rules, like those of the FMC, for demurrage and detention charges including the rail lines. It’s a big ‘just’.

John Gallagher·Friday, May 05, 2023

Ocean carriers: Keep rail storage fee disputes at STB – FreightWaves