NGFA applauds STB proposal to repeal flawed 49 CFR Part 1144 regulation

(Posted on 14/01/26)

The National Grain and Feed Association (NGFA) in the USA has applauded the Surface Transportation Board for proposing to repeal Part 1144 of Title 49 of the Code of Federal Regulations, a regulation adopted by the Interstate Commerce Commission in 1985 that has, for decades, prevented rail shippers captive to one railroad for service from seeking rail competition enhancements from the Board.

Part 1144 limited the Board’s ability to rule in favour of shippers by imposing an unreasonable threshold that required evidentiary proof of market power abuse or anticompetitive conduct by a rail carrier before the merits of a case could even be considered. As a result, no shipper has prevailed under Part 1144 in the nearly 40 years since the rule was established, effectively barring legitimate requests for reciprocal switching agreements, through rates, and through routes.

“NGFA commends the Board for proposing to repeal Part 1144, a regulation that has denied shippers a fair opportunity to seek competition enhancements for more than four decades,” said Mike Seyfert, president and CEO of NGFA. “By removing an insurmountable burden that resulted in zero successful cases and countless others that were never brought, the Board is restoring a more balanced framework that allows legitimate shipper concerns to be evaluated on their merits. This is an important step toward improving rail competition and accountability for America’s agricultural supply chain.”

NGFA believes repealing Part 1144 will help ensure that shipper requests for competition enhancements are no longer summarily dismissed due to procedural hurdles and instead receive meaningful consideration based on the facts of each case. The association appreciates the Board’s willingness to revisit outdated policies and modernize its approach to addressing competition challenges in captive rail markets.

NGFA looks forward to continued engagement with the Board as this proposal moves forward and remains committed to advancing policies that promote fair, competitive, and reliable rail service for the grain, feed, and agricultural sectors.

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