STB Issues NPRM Proposing to Repeal Part 1144

On January 6, 2026, the Surface Transportation Board (STB) issued a Notice of Proposed Rulemaking (NPRM) in Docket No. EP 788, proposing to repeal 49 C.F.R. Part 1144, the regulatory framework for reciprocal switching agreements, through routes, and through rates.

Adopted in 1985, Part 1144 was intended to guide when and how the STB could prescribe competitive access remedies. However, the Board notes the current approach, which requires a showing of anticompetitive conduct to obtain relief, may no longer be appropriate on an industrywide basis, and repeal of Part 1144 would allow the STB to consider such prescriptions on a case-by-case basis under the standards established by the Staggers Rail Act.

The STB notes that in the 40 years since Part 1144 was adopted, it has rarely been invoked, and the STB has never issued a prescription under its framework. Shippers and shipper groups have long argued that the requirement to prove anticompetitive conduct-interpreted as an incumbent railroad using market power to extract unreasonable terms or disregarding shipper needs-sets an "unrealistically high bar" for obtaining competitive access. The STB itself has observed that the "sheer dearth of cases" suggests that Part 1144 has operated more as a bar to relief than a standard for granting it.

By repealing Part 1144, the STB aims to restore the original statutory language of the Staggers Rail Act. The STB would evaluate petitions on a case-by-case basis under the standards of 49 U.S.C. 10705(b) and 11102(c), which allow for prescriptions whenever they are found to be "practicable and in the public interest" or "necessary to provide competitive rail service".

Comments on the STB's proposal are due by March 10, 2026 and reply comments are due by April 24, 2026.

As the STB reevaluates long‑standing competitive access standards, shippers, carriers, and counsel may face new strategic and economic considerations. LEPA provides targeted transportation consulting, economic analysis, and litigation support to help stakeholders understand and respond to these regulatory shifts. If your organization may be affected by the proposed repeal or you are preparing comments for the docket, our team can assist you in assessing impacts and developing data‑driven submissions. Contact us if you have any questions.

Click here to read the STB's January 6, 2026 NPRM.