On June 6th, NITL filed Reply Comments in EP Docket NO. EP 762, REVISIONS TO REGULATIONS FOR EXPEDITED RELIEF FOR SERVICE EMERGENCIES, establishing a Notice of Proposed Rulemaking (NPRM) to change its existing Emergency Service Order (ESO) procedures.
Joining NITL in this filing was ISRI where these Reply Comments 1) endorsed the more detailed Opening and Reply Comments submitted by the Coalition Associations (ACC, TFI, and CRA) and 2) responded to AAR’s request for the Board to clarify that exempt shippers are not eligible to access the ESO rules without first litigating revocation with a full market analysis.
In the Reply, NITL/ISRI expressly asked the Board to partially revoke existing exemptions to allow exempt shippers direct access to the STB’s ESO rules, based on the Board’s recent precedent in which it partially revoked the exemption for certain agricultural commodities to apply demurrage regulation.
