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Federal Regulatory Activities

KEY AGENCIES

Jan. 09, 2026 Updates

There was no reportable FHWA activity last week.

FMC issues final rule formally removing portion of demurrage and detention billing rule following court decision.

FMCSA updates ELD vetting process to keep non-compliant devices off the registered list.

USDOT solicits applications for the BUILD program, FY26 applications due 02/24/26.

STB is seeking nominations to fill vacancies on the Railroad-Shipper Transportation Advisory Council (RSTAC) for one small shipper representative and two large shipper representatives. RSTAC focuses on issues of importance to small shippers and small railroads, including car supply, rates, competition, and procedures for addressing claims. Nominations are due by January 12.

STB issued an NPRM to repeal its regulations on 鈥樷業ntramodal Rail Competition,鈥欌 which implement the agency鈥檚 statutory authority to prescribe reciprocal switching agreements and through rates. According to STB, the existing regulations that were developed in the 1980s and require shippers to demonstrate 鈥渁nticompetitive conduct鈥 to obtain relief are obsolete due to statutory changes, rail industry evolvement, and changing stakeholder viewpoints. Upon repealing the existing regulations, STB is proposing to consider the prescription of competitive access on a case-by-case basis. Instead of requiring evidence of anticompetitive behavior, STB explained that a case-by-case approach would allow the Board to better align its process with statutory standards by considering current rail operations, carrier revenue needs, concerns regarding the particular competitive situation, and other factors. The proposal is supported by the American Chemistry Council (ACC). Comments are due by March 10. Reply comments are due by April 24.

UP and NS filed reply comments addressing comments from other interested parties regarding the completeness of their merger application. The reply comments primarily responded to objections from competing Class I railroads, who argued that the application was incomplete and should be rejected. UP and NS urged the Board to dismiss these attempts to delay and prolong the proceeding. UP & NS further urged the Board to disregard their competitors鈥 efforts to litigate the merits of the merger, which is a consideration that STB is not tasked with evaluating at this stage in the proceeding.


Other Offices & Agencies

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