rail

STB Opens Review of Reply Filing Rules for Industry Comment

The Surface Transportation Board is reconsidering its pleading regulations that currently prohibit replies to replies, soliciting industry feedback through June 17. Legal practitioners during 2025 agency listening sessions requested more consistent treatment of such filings, the STB said in a May 18 decision. While 49 CFR 1104.13 formally bars reply-to-reply filings, the Board has historically accepted them case-by-case to ensure complete records. The agency stated it now intends to enforce the prohibition more strictly to reduce administrative burden. The STB is weighing multiple options: maintaining the current ban, stricter enforcement, permitting rebuttals in all cases, or allowing them only in specific matters. The Board also seeks input on approval standards for rebuttal requests and whether content limitations or filing deadlines should apply.