Re: NCRA says NWP Repairs are completed awaiting inspection
Author: shortlineexec
Date: 10-23-2009 - 13:42
There has been discussion in previous posts about the time it's going to take to resume freight operations on the NWP. The focus has been on FRA inspections and approvals - but that's just part of the approval process.
While the Federal Railroad Administration has jurisdiction over things like operating practices, dispatching, track and bridge maintenance, signals, motive power and equipment, it doesn't have the power to authorize railroad startups. That's the purview of the Surface Transportation Board (STB).
The STB has sole responsibility for economic regulation of the railroad industry. As such, it is the agency that will grant the NWP's operators the right to provide common-carrier rail freight service. You are not a railroad unless the STB says you are -- and the converse is true, once you become a railroad, you can't cease operations without STB authority. By the way, it will also be the STB that deals with the issue of siting of an intermodal trash transfer facility should that be in the cards.
My guess is that the NWP's operator will petition the STB for startup authority following the FRA's sign-off on safety issues. The STB approval process will take a minimum of 30 days, unless someone objects.
Also, to answer questions about the feasibility of joint freight rates between NWP and UP due to the fact that an intermediate shortline is in the route, those kind of issues are normally handled through what are known as a "haulage" agreements. The intermediate shortline negotiates a set fee per car (loaded or empty) and does not appear in interline rate, nor is it responsible for any car hire.