Editing Surface Transportation Board

{{Infobox government agency
| type            = board
| seal            = US-SurfaceTransportationBoard-Seal.svg
| seal_caption    = Seal of the Surface Transportation Board
| logo            = 
| logo_caption    = 
| formed          = January 1, 1996
| preceding1      = [[Interstate Commerce Commission]]
| dissolved       = 
| jurisdiction    = [[United States Government]]
| parent_department = Independent agency
| headquarters    = [[Washington, D.C.]]
| employees       = 
| budget          = 
| chief1_name     = [[Patrick Fuchs]]
| chief1_position = Chairman
| chief2_name     = 
| chief2_position = 
| keydocument1    = [[Interstate Commerce Commission Termination Act]]
| website         = {{URL|http://www.stb.gov/}}
| map             = 
| map_caption     = 
| footnotes       = 
| logo_width      = 200px
| seal_width      = 200 px
| superseding     = 
| map_width       = 
}}
The '''Surface Transportation Board''' ('''STB''') of the United States is an independent federal agency that serves as an adjudicatory board. The board was created in 1996 following the abolition of the [[Interstate Commerce Commission]] (ICC) and absorbed regulatory powers relevant to the railroad industry previously under the ICC's purview.<ref name=":1">ICC rides into the sunset ''[[Trains (magazine)|Trains]]'' April 1996 page 18</ref>

The STB has broad economic [[Regulation|regulatory]] oversight of railroads in the United States, including matters related to the construction, [[Mergers and acquisitions|acquisition]], abandonment of rail lines, [[railbanking]], carrier mergers, and interchange of traffic between carriers and some passenger rail matters.

The board also has jurisdiction over the "intercity bus industry, non-energy pipelines, household goods carriers’ tariffs, and rate regulation of non-contiguous domestic water transportation".<ref>{{Cite web |last= |first= |date=2022-03-30 |title=About STB |url=https://www.stb.gov/about-stb/ |access-date=2024-09-05 |website= Surface Transportation Board|language=en-US}}</ref>  

The board comprises five members nominated by the President, each subject to [[United States Senate|Senate]] confirmation. Since 2025, Republican [[Patrick Fuchs]] has served as chair of the STB, succeeding Democrat [[Robert E. Primus]].

== History ==
The STB was established on January 1, 1996 to assume some of the regulatory functions that had been administered by the [[Interstate Commerce Commission]] when the ICC was abolished.<ref name=":1" /> Other ICC regulatory functions were either eliminated or transferred to the [[Federal Motor Carrier Safety Administration]] or the [[Bureau of Transportation Statistics]] within the [[United States Department of Transportation|Department of Transportation]].

Since its founding, various legislation pertaining to the STB's functions has been introduced in Congress. In 2015, the Surface Transportation Board Reauthorization Act was passed, which expanded the Board from three to five members.<ref>{{cite web |title=Performance and Accountability, FY 2016 |url=https://www.stb.gov/stb/docs/PAR/STBFY2016PAR.pdf |access-date=16 January 2018 |website=STB.gov |publisher=Surface Transportation Board}}</ref> The passage of the legislation transformed the STB, which had been "administratively aligned" with the Department of Transportation while still decisionally independent, into an entirely [[Independent agencies of the United States government|independent federal agency]]. 

In response to concerns regarding increasing [[Market concentration|corporate concentration]] in the rail industry, the STB has considered proposals to encourage rail competition. In 2016, a proposal was made to establish "reciprocal switching rules" to require railroads to create arrangements where shippers could access competing carriers instead of other options. In 2022, Chairman Oberman supported reciprocal switching rules, arguing they would address shippers' complaints and encourage industry competition.<ref>{{Cite web |last=Zimmerman |first=Sarah |date=2022-03-30 |title=STB poised to decide reciprocal switching rules as shippers, railroads remain at odds |url=https://www.supplychaindive.com/news/reciprocal-switching-stb-oberman/620842/ |access-date=2023-04-23 |website=Supply Chain Dive |language=en-US}}</ref>

== Agency authority ==
The STB has the authority to regulate rates, service, construction, acquisition, [[railbanking]] and abandonment of rail lines, carrier mergers, and traffic interchanges.

The STB also has oversight of pipeline carriers, [[Intercity bus service|intercity bus]] carriers, [[Moving company|moving van]] companies, [[Trucking industry in the United States|trucking companies]] involved in collective activities, and water carriers engaged in non-contiguous domestic trade. The Board has broad discretion, through its exemption authority from [[Federal government of the United States|federal]], [[State law (United States)|state]], and local laws, to implement transportation regulation.

=== Performance and policy goals ===
The Board provides a forum for resolving surface transportation disputes and other matters within its jurisdiction. It has the authority to limit or remove regulatory requirements where appropriate.<ref>{{cite web | url=http://www.stb.dot.gov/stb/about/overview.html | title=Overview | publisher=Surface Transportation Board | access-date=September 2, 2016 | archive-url=https://web.archive.org/web/20160808233129/https://www.stb.dot.gov/stb/about/overview.html | archive-date=August 8, 2016}}</ref>

==Organizational structure and members==

The Board comprises five members nominated by the President and confirmed by the Senate for five-year terms. The President designates the Board's chairman from among the members. As its chief executive, the chairman coordinates and organizes the agency's work and acts as its representative in legislative matters and relations with other governmental bodies.
[[File:Patrick J. Fuchs.jpg|thumb|Patrick Fuchs, chairman of the Surface Transportation Board since 2025]]
The current chairman is Republican [[Patrick Fuchs]], who was nominated to the STB by President [[Donald Trump]] in 2018, confirmed by the Senate, and sworn in in January 2019. Fuchs was chosen by President [[Donald Trump]] to serve as chairman of the STB on January 20, 2025, succeeding Robert E. Primus, who had been Chairman between May 2024 and January 2025.

The vice chairman represents the Board and assumes the chairman's duties as appropriate. Additionally, the vice chairman oversees matters involving the admission, discipline, and disbarment of non-attorney Board practitioners. The current vice chairman is [[Karen Hedlund]], appointed on January 9, 2023, succeeding [[Michelle A. Schultz]] in the board's annual rotation of that position.

{| class="wikitable sortable plainrowheaders" style="text-align:center"
|-
! scope="col" "width:20%" | Name
! scope="col" "width:15%" | Position
! scope="col" "width:15%" | Party
! scope="col" "width:25%" | Sworn in
! scope="col" "width:25%" | Term expires
|-
! scope="row" style="text-align:center;" | {{sortname|Patrick|Fuchs}}
| Chair
| {{party shading/Republican}} | Republican
| {{dts|2019|01|17}}<ref name="auto" />
| {{dts|2029|01|14}}
|-
! scope="row" style="text-align:center;" | {{sortname|Michelle A.|Schultz}}
| Vice Chair
| {{party shading/Republican}} | Republican
| {{dts|2021|01|11}}<ref name="auto" />
| {{dts|2026|01|11}}
|-
! scope="row" style="text-align:center;"| {{sortname|Robert E.|Primus}}
| Board Member
| {{party shading/Democratic}} | Democratic
| {{dts|2021|01|07}}<ref name="auto">{{Cite web|url=https://prod.stb.gov/about-stb/board-members/|title=Surface Transportation Board}}</ref>
| {{dts|2027|12|31|}}
|-
! scope="row" style="text-align:center;" | [[Karen Hedlund]]
| Board Member
| {{party shading/Democratic}} | Democratic
| {{dts|2022|01|03}}<ref name="auto" />
| {{dts|2025|12|31}}
|-
! scope="row" style="text-align:center;" | ''Vacant''
| Board Member
|
|
| {{dts|2028|12|31|}}
|}

=== Nominations ===
* Karen J. Hedlund was confirmed on December 16, 2021, as a member of the Board. Hedlund was named vice chair on January 9, 2023.<ref name=":0">{{Cite web |title=Karen Hedlund Designated Vice Chairman of Surface Transportation Board |url=https://www.stb.gov/news-communications/latest-news/pr-23-01/ |access-date=2023-01-11 |website=Surface Transportation Board |language=en}}</ref>
* Patrick Fuchs was confirmed to the Board on January 2, 2019, by a voice vote in the United States Senate.
* Michelle Schultz and Robert E. Primus were confirmed to two newly created seats on the board on November 18, 2020, both by voice vote.<ref>{{cite web |title=PN70 - Nomination of Michelle A. Schultz for Surface Transportation Board, 116th Congress (2019-2020) |url=https://www.congress.gov/nomination/116th-congress/70 |website=www.congress.gov |date=18 November 2020}}</ref> Schultz's term runs for five years from the day of entering office. Primus' term runs until December 31, 2027.<ref name="STB">{{cite web |title=STB: Now (Finally) There Are Five |url=https://www.railwayage.com/regulatory/stb-now-there-are-five/ |website=Railway Age |access-date=3 July 2021 |date=19 November 2020}}</ref> Primus was named chair on May 11, 2024.<ref name="PrimusChair">{{Cite web |title=President Biden Designates Robert E. Primus as STB Chairman |url=https://www.stb.gov/news-communications/latest-news/pr-24-25/ |access-date=2024-05-15 |website=Surface Transportation Board |language=en}}</ref>

Assisting the Board in carrying out its responsibilities is a staff of 117 (FY2018) with experience in economics, law, accounting, transportation analysis, finance, and administration.<ref>{{cite web |title=Surface Transportation Board Salary Statistics |url=https://www.federalpay.org/employees/surface-transportation-board |website=www.federalpay.org}}</ref>

=== Past members<ref>{{cite web|title=Past Board Members|url=https://prod.stb.gov/about-stb/board-members/previous-board-members/|publisher=Surface Transportation Board}}</ref> ===
* [[Linda J. Morgan]] April 28, 1994 – December 31, 2003
* [[Gus A. Owen]] 1995 – 1998
* [[J.J. Simmons III]] January 1, 1996 – end of 1996
* [[William Clyburn, Jr.]] 1998 – 2001
* [[Wayne Burkes]] February 22, 1999 – December 31, 2002
* [[Roger Nober]] 2002 – January 4, 2006
* [[Francis P. Mulvey]] 2004 – January 3, 2013
* [[W. Douglas Buttrey]] May 28, 2004 – March 13, 2009
* [[Charles D. Nottingham]] August 2006 – 2011
* [[Daniel R. Elliott III]] 2009 – 2017
* [[Ann D. Begeman]] May 2, 2011 – December 17, 2021
* [[Deb Miller]] April 28, 2014 – January 1, 2019
* [[Martin J. Oberman]] January 22, 2019 – May 10, 2024

==Offices==

===Office of Public Assistance, Governmental Affairs, and Compliance===

The Office of Public Assistance, Governmental Affairs, and Compliance is the agency's principal point of contact with Congress, state and local governments, the media, industry stakeholders, and the general public.  This office includes the Rail Customer and Public Assistance Program, where Board staff solves problems ranging from a simple answer to a telephone inquiry to lengthy informal dispute resolution efforts between railroads and shippers.<ref>{{cite web | url=http://www.stb.dot.gov/stb/rail/consumer_asst.html | title=Rail Customer and Public Assistance program | archive-url=https://web.archive.org/web/20160315183729/http://stb.dot.gov/stb/rail/consumer_asst.html | archive-date=March 15, 2016}}</ref>

===Office of Economics===

The Office of Economics analyzes [[rate case]]s, conducts economic and financial analyses of the railroad industry, and audits [[Class I railroad]]s.

===Office of Environmental Analysis===

The Office of Environmental Analysis is responsible for undertaking environmental reviews of proposed STB actions in accordance with the [[National Environmental Policy Act]] and other environmental laws and making environmental recommendations to the STB.

===Office of the Managing Director===

The Office of the Managing Director handles administrative matters such as personnel, budget, and information technology.

===Office of Proceedings===

The Office of Proceedings (OP) is primarily responsible for developing the public record in formal cases (or proceedings) filed with the STB, making recommendations regarding the resolution of issues presented in those cases, and preparing the decisions issued by the Board.

The Office of Proceedings is a legal office consisting almost entirely of attorneys and paralegal specialists responsible for the majority of the cases at the STB. The office applies the [[Interstate Commerce Act]], as amended by the [[ICC Termination Act of 1995]], as well as the Board's regulations.<ref>STB regulations are found in Title 49, parts 1000 to 1332 of the [[Code of Federal Regulations]]. ({{cite web |url=http://www.gpoaccess.gov/cfr/index.html |title=Code of Federal Regulations: Main Page |access-date=2004-05-07 |url-status=dead |archive-url=https://web.archive.org/web/20040420200113/http://www.gpoaccess.gov/CFR/index.html |archive-date=2004-04-20 }}).</ref> In carrying out its responsibilities, the Office of Proceedings obtains and applies any necessary input from economic, financial, operational, environmental, and other legal staff experts throughout the agency.

The Office of Proceedings includes a clearance unit responsible for tabulating votes on STB cases and recording the official outcome of those votes and a recordations unit that enters data about a filing's primary and secondary documents into the STB Recordations database, which is accessible to the public on the STB web site.

===Office of General Counsel===

The Office of the General Counsel (OGC) responds to questions on various legal issues. However, its primary mission is to defend the STB's decisions in court and assess the defensibility of agency decisions that might be challenged in court. Unlike most Federal agencies, the STB has independent litigating authority ({{USC|49|703(d)}}). Under the [[Hobbs Act]], when an STB order or decision is challenged in the [[U.S. Court of Appeals]], both the STB (represented by the agency's attorneys) and the United States (represented by [[U.S. Department of Justice]] (DOJ) attorneys) must be named as "respondents" (defendants), and both have authority to appear in court in such cases.<ref>See {{UnitedStatesCode|28|2323}}.In most cases, </ref> STB and DOJ attorneys jointly defend the agency's decisions, with the STB's attorneys preparing written briefs (in consultation with DOJ attorneys) and presenting oral arguments on behalf of the Federal Government.

In performing defensibility assessments, OGC attorneys meet with other STB staff to discuss cases before draft decisions are prepared. Defensibility assessments are crucial to issuing sound choices that are less likely to be challenged and, if challenged, are more likely to be upheld.

===Office of Passenger Rail (OPR)===
The Office of Passenger Rail supports the Board in its efforts to meet its responsibilities under the Passenger Rail Investment and Improvement Act of 2008.  The Office provides the Board with expertise related to passenger rail that includes legal and policy guidance, engineering, data analysis, and rail operations.<ref>https://www.stb.gov/about-stb/offices/</ref>

==References==
<references />

==External links==
* [http://www.stb.gov Surface Transportation Board]
* [https://catalog.archives.gov/id/463 Records of the Interstate Commerce Commission and Surface Transportation Board in the National Archives (Record Group 134)]
* [https://www.federalregister.gov/agencies/surface-transportation-board Surface Transportation Board] in the [[Federal Register]]
* [http://www.access.gpo.gov/uscode/title49/subtitlei_chapter7_subchapteri_.html Text of Interstate Commerce Commission Termination Act of 1995]

{{Authority control}}

{{DOT agencies|state=collapsed}}
{{Short description|Independent agency of the United States federal government}}

[[Category:1995 establishments in the United States]]
[[Category:Interstate Commerce Commission]] <!--Successor organization-->
[[Category:United States railroad regulation]]
[[Category:Independent agencies of the United States government]]
[[Category:Rail transportation in the United States]]