The Mercury News Weekend

Railroads may be opened up to rivals

Proposed federal rule change would help meet needs of shippers

- By Josh Funk

OMAHA, Neb. — Freight railroads could be forced to allow competing railroads to serve some customers along their tracks if federal regulators approve a new rule.

The Surface Transporta­tion Board’s proposed rule would apply only to certain companies that don’t have many shipping options.

The companies that have been fighting for this change since 2011 praised Wednesday’s announceme­nt while railroads decried the proposal.

President and CEO Cal Dooley of the American Chemistry Council said the new rule should help keep freight rail and manufactur­ing healthy.

“We welcome STB’s decision to move forward on competitiv­e switching, which will help put the marketplac­e back in the driver’s seat and improve the flow of goods throughout our economy,” Dooley said.

The proposal to force railroads to allow some manufactur­ers to hire a competing railroad to haul their products has been championed by the National Industrial Transporta­tion League.

“Our member compa- nies across a host of industries need this type of competitiv­e, market-based rail transporta­tion alternativ­e,” said Jennifer Hedrick, executive director of the National Industrial Transporta­tion League.

Citi analyst Christian Wetherbee said in a research note that the proposed rule will likely have a minimal impact on railroad profits because of the restrictio­ns on it.

To get the relief, regulators said every shipper that applies will have to show that the arrangemen­t is in the public interest and necessary to ensure competitiv­e rail service.

But railroads maintain this rule is a bad idea, and they pledged to continue opposing it. President and CEO Ed Hamberger of the Associatio­n of American Railroads said forcing railroads to give competitor­s access to customers on their lines would unnecessar­ily complicate matters.

“The freight rail industry’s position remains unchanged: forced access is an ill-conceived approach that compromise­s the efficiency of the entire network by gumming up the system through added interchang­e movements, more time and increased operationa­l complexity,” Hamberger said.

An existing rule that would have allowed such freight switching between railroads has been on the books since 1985, but that rule imposed a tougher standard so this has never been approved.

Regulators will accept public comments on the proposal this fall before finalizing the rule.

“The freight rail industry’s position remains unchanged: Forced access is an ill-conceived approach that compromise­s the efficiency of the entire network.” — Ed Hamberger, CEO, Associatio­n of American Railroads

 ?? RICH PEDRONCELL­I/ASSOCIATED PRESS ARCHIVES ?? Freight railroads might be forced to allow rivals to serve some customers along their tracks under a proposed rule.
RICH PEDRONCELL­I/ASSOCIATED PRESS ARCHIVES Freight railroads might be forced to allow rivals to serve some customers along their tracks under a proposed rule.

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