SURFACE TRANSPORTATION BOARD AMENDS ITS REGULATIONS TO REQUIRE DISCLOSURE OF INTERCHANGE COMMITMENTS IN RAIL LINE SALE & LEASE TRANSACTIONS

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board (Board) today announced that it has
amended its regulations to require that parties seeking Board authorization
for the sale or lease of a rail line must disclose any agreements affecting
the ability or incentive of the purchasing or tenant railroad to
interchange traffic with a railroad other than the selling or landlord
railroad (“interchange commitments”).


 The new regulations also provide a procedure whereby a shipper or other
 affected party may obtain access to information regarding an existing
 interchange commitment in order to pursue its rights under the statute.
 The new regulations were adopted to facilitate the Board’s case-specific
 review of challenges to interchange commitments, as well as the Board’s
 monitoring of interchange commitments.


 The Board issued its decision today in the proceeding entitled Disclosure
 of Rail Interchange Commitments, STB Ex Parte No. 575 (Sub-No. 1)(
 http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/38694?OpenDocument
 )
 .  Today’s action follows the Board’s October 30, 2007 decision in Review
 of Rail Access and Competition Issues—Renewed Petition of the Western Coal
 Traffic League, STB Ex Parte No. 575, et al., in which the Board explained
 that it would examine the propriety of interchange commitments on a
 case-by-case basis.


 The Board’s decision in Ex Parte No. 575 (Sub-No. 1) is available for
 viewing and downloading via the Board's Web site at http://www.stb.dot.gov
 , under "E-Library," then under "Decisions & Notices," beneath the date
 "5/29/08.”


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