Railroad Competition and Service Improvement Act of 2007

Bill: 110-s-953
Sponsor: Sen. Rockefeller, John D., IV [D-WV]
Introduced: 2007-03-21 in the Senate
Policy area: Transportation and Public Works
Subjects: Administrative fees
Administrative procedure
Commerce
Commercial arbitration
Competition
Congress
Congressional reporting requirements
Damages
Department of Transportation
Economics and Public Finance
Executive reorganization
Government Operations and Politics
Government publicity
Governmental investigations
Independent regulatory commissions
Law
Railroad engineering
Railroad freight operations
Railroad rates
Surface Transportation Board

Summary:
action_date: 2007-03-21
text: 
Railroad Competition and Service Improvement Act of 2007 - Sets forth Surface Transportation Board directives calling for effective competition among rail carriers and reliable rail transportation service for rail customers.

Requires a rail carrier, upon shipper request, to establish rates for transportation and provide requested service between any two points on the carrier's system. 

Prohibits the Board from issuing a certificate authorizing construction and operation of railroad lines, short line purchases by Class II and Class III rail carriers, or consolidation, merger, and acquisition of control of rail carriers, or exempt from such certificate requirements any person, transaction, or service with respect to such activity, if the activity involves a transfer of interest in a line of railroad, from a Class I rail carrier to a Class II or III rail carrier, and the activity would: (1) restrict the ability of the Class II or Class III rail carrier to interchange traffic with other rail carriers; (2) restrict competition of rail carriers in the region affected by the activity in a manner that would violate U.S. antitrust laws; or (3) require higher per car interchange rates for Class II or Class III rail carriers to interchange traffic with other rail carriers. Prescribes procedures for Board review of any activity alleged to have resulted in a restriction of competition.

Makes mandatory (currently, discretionary) entry by rail carriers into reciprocal switching agreements where the Board finds it is practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. 

Requires the Board to designate any state or substantial part of a state as an area of inadequate rail competition after making certain findings.

Requires the Board to post rail service complaints on its website.

 Sets forth time limits for the Board to act on complaints filed alleging unlawfulness of a new or revised rail rate, rule, or practice.

Establishes the Office of Rail Customer Advocacy.

Grants rail customers access to a Board process for determining rail rate reasonableness in railroad market dominance cases.

Requires submission to arbitration of certain rail rate, service, and other disputes.

Authorizes the Board to investigate rail carrier violations on its own initiative (under current law, the Board is authorized to investigate only on complaint). Requires the Board (currently, discretionary) to initiate an investigation upon receiving a complaint alleging rail carrier violations.


Legislative actions:
action_date: 2007-10-23
text: Committee on Commerce, Science, and Transportation Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security. Hearings held. With printed Hearing: S.Hrg. 110-886.
action_date: 2007-03-21
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2007-03-21
text: Sponsor introductory remarks on measure. (CR S3527-3528)
action_date: 2007-03-21
text: Introduced in Senate