US railroad regulators are expected to finally say next month whether they will allow some rail customers to use alternate carriers due to poor service from their current carrier.
The US Surface Transportation Board (STB) has been evaluating a proposals to allow captive shippers to use alternate railroads in certain circumstances. The July 2016 proposal would allow switching when it is either "practicable and in the public interest" or needed to provide competitive rail service. A ruling will come in August, according to a 1 July report to Congress on pending regulatory proceedings.
Under the proposal, STB would need to consider a variety of factors before allowing for an alternative carrier, including the efficiency of the proposed new route, if the arrangement would allow access to new markets, the amount of traffic that would be moved and the impact on capital investment, quality of service and employees.
Shippers would not need to demonstrate there has been anticompetitive conduct, as required by existing regulations.
Reciprocal switching has been under discussion at STB in various forms since 2011 when the subject was brought before the board by prominent shipper group the National Industrial Transportation League.
STB was expected to act on the proposal in August 2022 but later delayed action, saying it needed to focus on the rail service crisis and the merger of Canadian Pacific and Kansas City Southern.
But STB chairman Martin Oberman last month told Argus that issuing a decision was a priority for him.
Under reciprocal switching, a shipper's original railroad hauls freight to an interchange point, where it switches the railcars to an alternate carrier. The alternate railroad pays the original railroad a switching fee for that action.
That fee is incorporated into the alternate railroad's total rate for the shipper, allowing it to offer a single-line transportation rate to compete with the original carrier's single-line rate.
Shippers have been eager for STB to approve reciprocal switching, hoping it would lead to cheaper transportation rates and better service.
But railroads say allowing switching would increase transportation times and drive congestion across the rail network. For example, handoffs between logistics companies — a key vulnerability of the supply chain — would be disrupted by increased switching, Union Pacific (UP) executive vice president of operations Eric Gehringer said during a March 2022 hearing on the proposal.
STB is also expected to act in September on proposed changes to its emergency service rules that were intended to speed its response to shipper problems. The April 2022 proposal was issued as the rail agency was focusing on last year's service crisis, but work was delayed.