Ag groups urge STB to consider rule to allow bids from nearby rail carriers |

Ag groups urge STB to consider rule to allow bids from nearby rail carriers

The Agricultural Transportation Working Group today, July 20, sent the Surface Transportation Board a letter urging the regulator to resume its consideration of a proposed rule that would enable agricultural shippers to request bids from nearby rail carriers.

In a letter led by the National Grain and Feed Association, members of the ATWG noted that President Biden’s July 9 executive order encourages the STB to resume its consideration of a proposed rule on “competitive switching,” which has been pending since 2016.

Competitive, or “reciprocal,” switching would allow shippers served by a single railroad to request bids from a nearby competing railroad. The order also directs STB to consider rulemaking pertaining to any other relevant matters of competitive rail access, including bottleneck rates and interchange commitments.

“We believe that enhanced competition is an important vehicle through which the board can address pervasive challenges faced by rail shippers, including poor rail service, and unreasonable rail rates and practices,” noted the letter signed by 27 ATWG members. The letter urged STB to adopt initiatives that the order identifies “to enhance rail competition and prevent railroads from abusing their market dominance.”

Over the past 40 years, railroad mergers have shrunk the number of Class I railroads from 33 to seven, and two major duopolies have formed in the eastern and western halves of the United States, the ATWG said.

“While these mergers succeeded in rationalizing rail capacity, they increased railroad market power such that many shippers no longer have access to competition necessary to promote efficient service, reasonable rates and charges, and fair practices,” the letter noted.

The absence of effective competition in the rail industry also has a significant impact on prices for the agricultural industry, resulting in decreased farm-gate prices for crops and increased crop-input and feedstock prices, the groups said.

In addition to resuming the competitive switching proposal, the groups urged STB to finalize proposed regulations creating a Final Offer Rate Review process for small rail rate disputes and to support shippers’ ability to challenge unreasonable rail rates.

“To maintain the ability of U.S. agriculture to remain competitive in a very dynamic domestic and world market and to be positioned to capture new market opportunities, the board must address the serious issues posed by the lack of effective rail competition,” the letter stated.

“Pragmatic reforms to make the rail industry more competitive will strengthen this vital transportation sector, both to the benefit of rail carriers and their customers.”


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