The American Chemistry Council, Corn Refiners Association, National Grain and Feed Association,1 The Chlorine Institute, The Fertilizer Institute, and The National Industrial Transportation League (“Coalition Associations”) file this reply to Joint Carriers’2 petition for stay of the Board’s decision that the final rules for the voluntary arbitration of rail rate cases adopted in the Board’s December 19, 2022, decision in this proceeding (“Final Rule”) will not become effective unless all Class I rail carriers volunteer to opt-in to the arbitration process (the “Arbitration Election”). Coalition Associations do not object to a stay of the Arbitration Election until 30 days after the Board decides all petitions for reconsideration of the Final Rule.
But Coalition Associations oppose a stay during any judicial appeals of the Final Rule because Joint Carriers have failed to satisfy the standard for obtaining that stay. Thus, to the extent Joint Carriers are seeking a stay of the Arbitration Election during any appeal of the Final Rule, the petition for stay should be denied.
