Application of the National Railroad Passenger Corporation Under 49 U.S.C. 24308(e)-CSX Transportation, Inc., and Norfolk Southern Railway Company, 6644-6646 [2022-02416]

Download as PDF 6644 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Stacy E. White, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2022–02336 Filed 2–3–22; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36576] lotter on DSK11XQN23PROD with NOTICES1 Fortress Investment Group LLC— Exemption for Intra-Corporate Family Transaction—Ohio River Partners Shareholder LLC, Katahdin Railcar Services, LLC, Union Railroad Company, Gary Railway Company, Delray Connecting Railroad Company, Texas & Northern Railroad Company, and Lake Terminal Railroad Company Fortress Investment Group LLC (Fortress), for the benefit of Fortress Transportation and Infrastructure Investors LLC (FTAI) and FTAI Infrastructure Inc. (FTAI Infrastructure),1 (collectively, the Parties), has filed a verified notice of exemption for an intra-corporate family transaction under 49 CFR 1180.2(d)(3), which exempts from the prior approval requirements of 49 U.S.C. 11323 ‘‘[t]ransactions within a corporate family that do not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family.’’ 49 CFR 1180.2(d)(3). According to the verified notice, FTAI indirectly owns controlling interests in seven common carrier railroads: Ohio River Partners Shareholder LLC (ORPS); Katahdin Railcar Services LLC (KRS); 1 The verified notice states that FTAI Infrastructure is a newly created subsidiary of FTAI, which is a Delaware limited liability company managed by an affiliate of Fortress. VerDate Sep<11>2014 18:50 Feb 03, 2022 Jkt 256001 Union Railroad Company (URR); Gary Railway Company (GRW); Delray Connecting Railroad Company (DCR); Texas & Northern Railroad Company (TNR); and Lake Terminal Railroad Company (LTR).2 The verified notice states that ORPS is a non-operating carrier,3 and that the remaining railroads are each Class III carriers.4 Under the proposed transaction, FTAI will engage in an intra-corporate reorganization that will result in FTAI Infrastructure’s control of ORPS, KRS, URR, GRW, DCR, TNR, and LTR. The verified notice states that the purpose of the transaction is to separate FTAI’s aviation-related assets and liabilities from its railroad and energy infrastructure businesses. According to the verified notice, an affiliate of Fortress will continue managing FTAI Infrastructure and, indirectly, the seven railroads. Fortress states that the proposed transaction does not impose or involve an interchange commitment by or affecting the railroads, and that it will have no impact on the day-to-day operations of the seven railroads. Unless stayed, the exemption will be effective on February 20, 2022 (30 days after the verified notice was filed). Fortress states that the Parties intend to consummate the proposed transaction as soon as practicable after that date and final approval of the proposed transaction by FTAI’s board of directors.5 The verified notice states that the transaction will not result in adverse changes in service levels, operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior 2 The verified notice states that FTAI owns 100% of the equity interests of Transtar, LLC, which owns and controls URR, GRW, DCR, TNR, and LTR. See Fortress Inv. Grp. LLC—Acquis. & Continuance in Control Exemption—Ohio River Partners S’holder LLC, FD 36521 (STB served June 30, 2021). 3 The verified notice states that ORPS owns a 12.2-mile freight rail line between milepost 60.5 near Powhatan Point, Ohio, and milepost 72.2 near Hannibal, Ohio (the Omal Line). KRS has assumed the right and common carrier obligation to operate the Omal Line. Katahdin Railcar Servs. LLC— Change in Operators Exemption—Ohio Terminal Ry., FD 36487 (STB served Mar. 30, 2021); see also Fortress Inv. Grp. LLC—Exemption for Intra-Corp. Fam. Transaction—Ohio River Partners S’holder LLC, FD 36402 (STB served May 15, 2020). 4 According to the verified notice, the operating revenues of URR and GRW exceed the dollar threshold for Class II carrier status, but URR and GRW are designated as Class III carriers because they are switching and terminal carriers. See 49 CFR 1201.1–1(d). 5 The verified notice states that the proposed transaction will be authorized by FTAI’s board of directors pursuant to a written resolution in substantially the form attached to the verified notice as Exhibit 2. PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all the carriers involved are Class III rail carriers. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than February 11, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36576, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, one copy of each pleading must be served on Fortress’s representative, Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. According to Fortress, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: January 31, 2022. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2022–02360 Filed 2–3–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36496] Application of the National Railroad Passenger Corporation Under 49 U.S.C. 24308(e)—CSX Transportation, Inc., and Norfolk Southern Railway Company Surface Transportation Board. Notice of public hearing. AGENCY: ACTION: The Surface Transportation Board (Board) will hold a public hearing in this docket, consisting of two phases. The first phase, which will involve comments from the public, will commence on February 15, 2022, and SUMMARY: E:\FR\FM\04FEN1.SGM 04FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices will continue on February 16, 2022, if necessary. The second phase will be an evidentiary hearing commencing on March 9, 2022, and will be limited to the four parties to this case—the National Railroad Passenger Corporation (Amtrak), CSX Transportation, Inc. (CSXT), Norfolk Southern Railway Company (NSR), and the Alabama State Port Authority and its rail carrier division, the Terminal Railway Alabama State Docks (collectively, the Port; and with Amtrak, CSXT, and NSR, the ‘‘Parties’’). Immediately following the first phase, the Board will hold a conference with the Parties on February 16, 2022, to discuss issues related to the second phase. DATES: The public hearing will commence on February 15, 2022, at 9:30 a.m., and will continue on February 16, 2022, if necessary. Notices of intent to participate shall be filed (and participants’ email addresses separately provided to the Board via email) by February 7, 2022. The pre-evidentiary hearing conference with the Parties will be held on February 16, 2022, commencing at 9:30 a.m. or at the conclusion of the first phase of the hearing, whichever is later. At the conclusion of the pre-evidentiary hearing conference, the Board will recess the public hearing until March 9, 2022. Phase two, the evidentiary hearing on the record with the Parties, will be held beginning on March 9, 2022, at 9:30 a.m., and continuing on March 10, 2022, if necessary. ADDRESSES: All filings, referring to Docket No. FD 36496, should be filed with the Surface Transportation Board via e-filing on the Board’s website. Persons who file notices of intent to participate in the first phase of the public hearing shall concurrently provide to the Board, via email at Hearings@stb.gov, their email address. FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245–0368. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: On March 16, 2021, Amtrak filed an application with the Board, pursuant to 49 U.S.C. 24308(e), seeking an order requiring CSXT and NSR 1 to allow Amtrak to operate additional intercity passenger trains, consisting of two round-trips per day, over the rail lines of CSXT and NSR between New Orleans, La., and Mobile, Ala. The Board received numerous comments in response to 1 Although Amtrak names Norfolk Southern Corporation in its application, it appears that NSR is the proper party. (See Mot. to Dismiss 1 n.1.) VerDate Sep<11>2014 18:50 Feb 03, 2022 Jkt 256001 Amtrak’s application. By decision served August 6, 2021, the Board, among other things, denied CSXT and NSR’s motion to dismiss the application, adopted a procedural schedule, and appointed Administrative Law Judge Thomas McCarthy to handle all discovery matters and resolve initially all discovery disputes. In accordance with the procedural schedule, on November 3, 2021, CSXT and NSR filed opening evidence. On December 3, 2021, Amtrak filed reply evidence. On December 23, 2021, CSXT and NSR filed rebuttal evidence. The Board also received opening evidence, reply evidence, and rebuttal evidence from the Port, which the Board has permitted to intervene in this proceeding. On December 30, 2021, the Board received proposals on the format for the hearing from CSXT and NSR jointly and from Amtrak. The initial phase of the hearing will commence on February 15, 2022. The primary purpose of this phase of the hearing is for interested persons, other than the four Parties to the case, to provide comments.2 The hearing will continue on February 16, 2022, as necessary to accommodate participating persons. This initial phase of the hearing will be entirely virtual. It will be held online via Zoom and will be available for concurrent viewing on YouTube by the public. All interested persons are invited to appear at this phase of the public hearing. Any person wishing to participate in this phase of the public hearing shall file with the Board by February 7, 2022, a notice of intent to participate (identifying the entity, if any, the person represents; the proposed speaker; the amount of time requested; and briefly summarizing the key points that the speaker intends to address). The notices of intent to participate need not be served on any persons or entities; they will be posted to the Board’s website when they are filed. Concurrently with filing a notice of intent to participate, persons wishing to participate in the public commentary phase of the hearing shall also provide to the Board, via email at Hearings@ stb.gov, their email address. The Board will issue, prior to commencement of the February 15 public hearing, a decision setting a schedule of appearances for speakers, with specific allotments of time for presentations. To ensure an opportunity for all interested persons to be heard, 2 The Board recognizes that this proceeding is an adjudication to be decided after a hearing on the record pursuant to 49 U.S.C. 24308(e), but given the broad public interest in Amtrak matters, the Board is also providing this opportunity for public comments. PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 6645 such allotments may be limited, and persons wishing to speak at the hearing should be prepared to keep their comments as succinct as possible, to ensure an opportunity for all interested persons to be heard. The Parties will be given an opportunity to respond after other interested persons have provided comments. As noted, on February 16, 2022, beginning at 9:30 a.m. or immediately following the conclusion of the public commentary phase of the hearing, whichever is later, the Board will also hold a conference, at which counsel for the Parties are directed to appear. The conference will be entirely virtual. It will be held online via Zoom and will be available for concurrent viewing on YouTube by the public. During the conference, the Board and the Parties will discuss issues and procedures to be followed at the evidentiary hearing on the record. The Board encourages the Parties to meet and confer in advance of the conference, in an effort to narrow the issues to be heard at the hearing on the record and to stipulate to any facts that are not contested. Before the conference, the Board will issue a decision with additional information for the Parties, including what they will need to prepare in advance of the conference and further details on the evidentiary phase of the hearing, including whether it will be held online, in-person, or in a hybrid format. At the conclusion of the conference, the Board will recess the public hearing until commencement of the evidentiary phase at 9:30 a.m. on March 9, 2022. On March 9, 2022, the Board will commence the evidentiary portion of the hearing, at which the Parties are directed to appear, and which will be open to the public. The evidentiary portion will involve participation by the Parties only and will be presided over by the entire Board. The Board will accept all of the previously filed evidence into the record. The evidentiary portion of the hearing is not intended as an opportunity for the Parties simply to restate the entirety of their written evidence or, on the other hand, to submit a substantially different case. Rather, the evidentiary portion of the hearing is intended to allow the Parties to illuminate their primary contentions, evidence, and points of disagreement through direct examination of witnesses, crossexamination, and re-direct examination, as appropriate, and through opening and closing presentations by counsel. Board Releases and Transcript Availability: Decisions and notices of the Board, including this notice, are available on the Board’s website at E:\FR\FM\04FEN1.SGM 04FEN1 6646 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices www.stb.gov. A recording of the public commentary phase of the hearing, the conference, and the evidentiary phase of the hearing, as well as a transcript of each, will be posted on the Board’s website when they become available. It is ordered: 1. A public hearing in this proceeding will commence on February 15, 2022. All portions of the hearing taking place on February 15, 2022, and February 16, 2022, will be held online using video conferencing. 2. By February 7, 2022, any person who is not one of the Parties identified above and wishes to speak at the public portion of the hearing shall file with the Board a notice of intent to participate identifying the entity, if any, the person represents, the proposed speaker, and the amount of time requested, and also summarizing the key points that the speaker intends to address. Also by February 7, 2022, such persons shall submit, via email at Hearings@stb.gov, the email address of the speaker. 3. Notices of intent to participate will be posted to the Board’s website and need not be served on any other persons or entities. 4. Counsel for Amtrak, CSXT, NSR, and the Port are directed to appear at a conference before the Board on February 16, 2022, at 9:30 a.m., or immediately following the conclusion of the public commentary phase of the hearing, whichever is later. 5. Amtrak, CSXT, NSR, and the Port are directed to appear at the evidentiary phase of the hearing before the Board beginning on March 9, 2022, at 9:30 a.m. 6. All evidence previously filed in this proceeding is accepted into the record. 7. This decision is effective on its service date. 8. This decision will be published in the Federal Register. Decided: February 1, 2022. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2022–02416 Filed 2–3–22; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4915–01–P VerDate Sep<11>2014 18:50 Feb 03, 2022 Jkt 256001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2021–1086] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Aviation Maintenance Technician Schools; Correction Federal Aviation Administration (FAA), DOT. ACTION: Notice; correction. AGENCY: The FAA published a document in the Federal Register of November 23, 2021, concerning request for comments about the FAA’s intention to request the Office of Management and Budget (OMB) approval to renew an information collection, in accordance with the Paperwork Reduction Act of 1995. The document was published with an incorrect docket number. FOR FURTHER INFORMATION CONTACT: Tanya Glines by email at: Tanya.glines@ faa.gov; phone: 202–380–5896. SUPPLEMENTARY INFORMATION: Correction: In the Federal Register of November 23, 2021, FR Doc. 2021– 25472, on page 66615, in the third column, correct the docket number to read: SUMMARY: [Docket No. FAA–2021–1086] Issued in Washington, DC, on February 1, 2022. Tanya A. Glines, Aviation Safety Inspector, FAA Safety Standards, Aircraft Maintenance Division. [FR Doc. 2022–02356 Filed 2–3–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0107 Notice 2] Weldon, Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition. AGENCY: Weldon, a Division of Akron Brass Company, has determined that certain backup lamps do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Weldon filed a noncompliance report dated November 7, 2018, and subsequently petitioned SUMMARY: PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 NHTSA on November 30, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the denial of Weldon’s petition. FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), (202) 366–5304, Leroy.Angeles@dot.gov. SUPPLEMENTARY INFORMATION: I. Overview Weldon has determined that certain backup lamps it manufactures do not fully comply with paragraph S14.4.1 of FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108). Weldon filed a noncompliance report dated November 7, 2018, pursuant to 49 CFR part 556, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on November 30, 2018, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. Notice of receipt of Weldon’s petition was published with a 30-day public comment period, on July 15, 2020, in the Federal Register (85 FR 42977). No comments were received. To view the petition and all supporting documents, log onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2018– 0107.’’ II. Equipment Involved Approximately 6,315 rear combination lamps manufactured between June 6, 2018, and June 25, 2018, are potentially involved. III. Noncompliance Weldon explains that its subject rear combination lamp is noncompliant because its backup lamp does not meet the requirements for color as specified in paragraph S14.4.1 of FMVSS No. 108. Specifically, the subject backup lamp, when tested in accordance with the Tristimulus Method, fell outside the required boundaries for white light. IV. Rule Requirements Paragraphs S14.4.1, S14.4.1.4.2, and S14.4.1.4.2.3, of FMVSS No. 108 includes the requirements relevant to this petition. The color of a sample device must comply when tested by E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6644-6646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02416]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36496]


Application of the National Railroad Passenger Corporation Under 
49 U.S.C. 24308(e)--CSX Transportation, Inc., and Norfolk Southern 
Railway Company

AGENCY: Surface Transportation Board.

ACTION: Notice of public hearing.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (Board) will hold a public 
hearing in this docket, consisting of two phases. The first phase, 
which will involve comments from the public, will commence on February 
15, 2022, and

[[Page 6645]]

will continue on February 16, 2022, if necessary. The second phase will 
be an evidentiary hearing commencing on March 9, 2022, and will be 
limited to the four parties to this case--the National Railroad 
Passenger Corporation (Amtrak), CSX Transportation, Inc. (CSXT), 
Norfolk Southern Railway Company (NSR), and the Alabama State Port 
Authority and its rail carrier division, the Terminal Railway Alabama 
State Docks (collectively, the Port; and with Amtrak, CSXT, and NSR, 
the ``Parties''). Immediately following the first phase, the Board will 
hold a conference with the Parties on February 16, 2022, to discuss 
issues related to the second phase.

DATES: The public hearing will commence on February 15, 2022, at 9:30 
a.m., and will continue on February 16, 2022, if necessary. Notices of 
intent to participate shall be filed (and participants' email addresses 
separately provided to the Board via email) by February 7, 2022. The 
pre-evidentiary hearing conference with the Parties will be held on 
February 16, 2022, commencing at 9:30 a.m. or at the conclusion of the 
first phase of the hearing, whichever is later. At the conclusion of 
the pre-evidentiary hearing conference, the Board will recess the 
public hearing until March 9, 2022. Phase two, the evidentiary hearing 
on the record with the Parties, will be held beginning on March 9, 
2022, at 9:30 a.m., and continuing on March 10, 2022, if necessary.

ADDRESSES: All filings, referring to Docket No. FD 36496, should be 
filed with the Surface Transportation Board via e-filing on the Board's 
website. Persons who file notices of intent to participate in the first 
phase of the public hearing shall concurrently provide to the Board, 
via email at [email protected], their email address.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On March 16, 2021, Amtrak filed an 
application with the Board, pursuant to 49 U.S.C. 24308(e), seeking an 
order requiring CSXT and NSR \1\ to allow Amtrak to operate additional 
intercity passenger trains, consisting of two round-trips per day, over 
the rail lines of CSXT and NSR between New Orleans, La., and Mobile, 
Ala. The Board received numerous comments in response to Amtrak's 
application. By decision served August 6, 2021, the Board, among other 
things, denied CSXT and NSR's motion to dismiss the application, 
adopted a procedural schedule, and appointed Administrative Law Judge 
Thomas McCarthy to handle all discovery matters and resolve initially 
all discovery disputes.
---------------------------------------------------------------------------

    \1\ Although Amtrak names Norfolk Southern Corporation in its 
application, it appears that NSR is the proper party. (See Mot. to 
Dismiss 1 n.1.)
---------------------------------------------------------------------------

    In accordance with the procedural schedule, on November 3, 2021, 
CSXT and NSR filed opening evidence. On December 3, 2021, Amtrak filed 
reply evidence. On December 23, 2021, CSXT and NSR filed rebuttal 
evidence. The Board also received opening evidence, reply evidence, and 
rebuttal evidence from the Port, which the Board has permitted to 
intervene in this proceeding. On December 30, 2021, the Board received 
proposals on the format for the hearing from CSXT and NSR jointly and 
from Amtrak.
    The initial phase of the hearing will commence on February 15, 
2022. The primary purpose of this phase of the hearing is for 
interested persons, other than the four Parties to the case, to provide 
comments.\2\ The hearing will continue on February 16, 2022, as 
necessary to accommodate participating persons. This initial phase of 
the hearing will be entirely virtual. It will be held online via Zoom 
and will be available for concurrent viewing on YouTube by the public. 
All interested persons are invited to appear at this phase of the 
public hearing. Any person wishing to participate in this phase of the 
public hearing shall file with the Board by February 7, 2022, a notice 
of intent to participate (identifying the entity, if any, the person 
represents; the proposed speaker; the amount of time requested; and 
briefly summarizing the key points that the speaker intends to 
address). The notices of intent to participate need not be served on 
any persons or entities; they will be posted to the Board's website 
when they are filed. Concurrently with filing a notice of intent to 
participate, persons wishing to participate in the public commentary 
phase of the hearing shall also provide to the Board, via email at 
[email protected], their email address.
---------------------------------------------------------------------------

    \2\ The Board recognizes that this proceeding is an adjudication 
to be decided after a hearing on the record pursuant to 49 U.S.C. 
24308(e), but given the broad public interest in Amtrak matters, the 
Board is also providing this opportunity for public comments.
---------------------------------------------------------------------------

    The Board will issue, prior to commencement of the February 15 
public hearing, a decision setting a schedule of appearances for 
speakers, with specific allotments of time for presentations. To ensure 
an opportunity for all interested persons to be heard, such allotments 
may be limited, and persons wishing to speak at the hearing should be 
prepared to keep their comments as succinct as possible, to ensure an 
opportunity for all interested persons to be heard. The Parties will be 
given an opportunity to respond after other interested persons have 
provided comments.
    As noted, on February 16, 2022, beginning at 9:30 a.m. or 
immediately following the conclusion of the public commentary phase of 
the hearing, whichever is later, the Board will also hold a conference, 
at which counsel for the Parties are directed to appear. The conference 
will be entirely virtual. It will be held online via Zoom and will be 
available for concurrent viewing on YouTube by the public. During the 
conference, the Board and the Parties will discuss issues and 
procedures to be followed at the evidentiary hearing on the record. The 
Board encourages the Parties to meet and confer in advance of the 
conference, in an effort to narrow the issues to be heard at the 
hearing on the record and to stipulate to any facts that are not 
contested. Before the conference, the Board will issue a decision with 
additional information for the Parties, including what they will need 
to prepare in advance of the conference and further details on the 
evidentiary phase of the hearing, including whether it will be held 
online, in-person, or in a hybrid format. At the conclusion of the 
conference, the Board will recess the public hearing until commencement 
of the evidentiary phase at 9:30 a.m. on March 9, 2022.
    On March 9, 2022, the Board will commence the evidentiary portion 
of the hearing, at which the Parties are directed to appear, and which 
will be open to the public. The evidentiary portion will involve 
participation by the Parties only and will be presided over by the 
entire Board. The Board will accept all of the previously filed 
evidence into the record. The evidentiary portion of the hearing is not 
intended as an opportunity for the Parties simply to restate the 
entirety of their written evidence or, on the other hand, to submit a 
substantially different case. Rather, the evidentiary portion of the 
hearing is intended to allow the Parties to illuminate their primary 
contentions, evidence, and points of disagreement through direct 
examination of witnesses, cross-examination, and re-direct examination, 
as appropriate, and through opening and closing presentations by 
counsel.
    Board Releases and Transcript Availability: Decisions and notices 
of the Board, including this notice, are available on the Board's 
website at

[[Page 6646]]

www.stb.gov. A recording of the public commentary phase of the hearing, 
the conference, and the evidentiary phase of the hearing, as well as a 
transcript of each, will be posted on the Board's website when they 
become available.
    It is ordered:
    1. A public hearing in this proceeding will commence on February 
15, 2022. All portions of the hearing taking place on February 15, 
2022, and February 16, 2022, will be held online using video 
conferencing.
    2. By February 7, 2022, any person who is not one of the Parties 
identified above and wishes to speak at the public portion of the 
hearing shall file with the Board a notice of intent to participate 
identifying the entity, if any, the person represents, the proposed 
speaker, and the amount of time requested, and also summarizing the key 
points that the speaker intends to address. Also by February 7, 2022, 
such persons shall submit, via email at [email protected], the email 
address of the speaker.
    3. Notices of intent to participate will be posted to the Board's 
website and need not be served on any other persons or entities.
    4. Counsel for Amtrak, CSXT, NSR, and the Port are directed to 
appear at a conference before the Board on February 16, 2022, at 9:30 
a.m., or immediately following the conclusion of the public commentary 
phase of the hearing, whichever is later.
    5. Amtrak, CSXT, NSR, and the Port are directed to appear at the 
evidentiary phase of the hearing before the Board beginning on March 9, 
2022, at 9:30 a.m.
    6. All evidence previously filed in this proceeding is accepted 
into the record.
    7. This decision is effective on its service date.
    8. This decision will be published in the Federal Register.

    Decided: February 1, 2022.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-02416 Filed 2-3-22; 8:45 am]
BILLING CODE 4915-01-P