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Release Date 2/23/2009

	Contact:
	Contact: Brian Everett, ABC, Executive Director, NASSTRAC 952-442-8850, x201 media@NASSTRAC.org

	NASSTRAC Files Comments On Rail Transportation Contracts

	MINNEAPOLIS, MN— NASSTRAC, Inc. filed comments with the Surface Transportation Board on February 5, 2009 in the STB’s Rail Transportation Contracts proceeding. For rail shippers, determining whether shipments move under contracts or under tariffs can be extremely important because the STB lacks jurisdiction over contract disputes. NASSTRAC provides advocacy, as well as education, provider relations, and networking for shippers involved in all modes of transportation, ranging from full truckload and LTL to rail, intermodal and containerization. For captive shippers and for shippers who may experience unreasonable practices, losing recourse to regulatory relief may be important, but major railroads have argued that “informed consent,” or the knowing waiver of STB jurisdiction by shippers, is inconsistent with modern business practices. According to John Cutler, NASSTRAC’s legal counsel, NASSTRAC pointed out in its comments that contracts between motor carriers routinely include the explicit waiver required by 49 U.S.C. Section 11401(b). NASSTRAC also expressed concern about a proposal by the STB to find that its jurisdiction is waived, even in “signatureless” contracts, where the railroad includes a statement to the effect that contract carriage is intended. To view the filing in its entirety, visit http://www.NASSTRAC.org, then click “Recent Filings” in the “News” section of the web site. ###

	NASSTRAC provides education, advocacy, provider relations, and networking for professionals involved in all areas of transportation, ranging from full truckload and LTL to containerization and global logistics. For more information, visit www.NASSTRAC.org.