Surface Transportation Board July 30, 2021 – Federal Register Recent Federal Regulation Documents

The Surface Transportation Board (Board) is accepting for consideration the revised application filed on July 1, 2021, by CSX Corporation (CSXC), CSX Transportation Inc. (CSXT), 747 Merger Sub 2, Inc. (747 Merger Sub 2), Pan Am Systems, Inc. (Systems), Pan Am Railways, Inc. (PAR), Boston and Maine Corporation (Boston & Maine), Maine Central Railroad Company (Maine Central), Northern Railroad (Northern), Portland Terminal Company (Portland Terminal), Springfield Terminal Railway Company (Springfield Terminal), Stony Brook Railroad Company (Stony Brook), and Vermont & Massachusetts Railroad Company (V&M) (collectively, Applicants). The application will be referred to as the Revised Application. The Revised Application seeks Board approval under 49 U.S.C. 11321-26 for: CSXC, CSXT, and 747 Merger Sub 2 to control the seven railroads controlled by Systems and PAR, and CSXT to merge six of the seven railroads into CSXT. This proposal is referred to as the Merger Transaction. In addition to the Revised Application, there are several filings for transactions related to the Merger Transaction, including: Four notices of exemption for Norfolk Southern Railway Company (NSR) to acquire trackage rights over existing lines owned by four separate railroads; a petition for exemption to allow Pittsburg & Shawmut Railroad, LLC d/ b/a Berkshire & Eastern Railroad (B&E), to replace Springfield Terminal as the operator of Pan Am Southern LLC (PAS); and a notice of exemption to allow SMS Rail Lines of New York, LLC (SMS) to discontinue service and terminate its lease of a rail line known as the Voorheesville Running Track. These transactions will be referred to as the Related Transactions. This decision embraces the following dockets: Norfolk Southern RailwayTrackage Rights ExemptionCSX Transportation, Inc., Docket No. FD 36472 (Sub-No. 1); Norfolk Southern RailwayTrackage Rights ExemptionProvidence & Worcester Railroad, Docket No. FD 36472 (Sub-No. 2); Norfolk Southern RailwayTrackage Rights Exemption Boston & Maine Corp., Docket No. FD 36472 (Sub-No. 3); Norfolk Southern RailwayTrackage Rights ExemptionPan Am Southern LLC, Docket No. FD 36472 (Sub-No. 4); Pittsburg & Shawmut RailroadOperation Exemption Pan Am Southern LLC, Docket No. FD 36472 (Sub-No. 5); SMS Rail Lines of New York, LLCDiscontinuance Exemptionin Albany County, N.Y., Docket No. AB 1312X. The Board finds that the Revised Application meets the requirements of 49 CFR 1180.4, 1180.6, and 1180.7 and is therefore complete. 49 CFR 1180.4(c)(7) (``A complete application contains all information for all applicant carriers required by these procedures, except as modified by advance waiver.'') Accordingly, the Revised Application is accepted. The Board adopts a procedural schedule for consideration of the Revised Application and Related Transactions, under which the Board's final decision would be issued by April 1, 2022, and would become effective by May 1, 2022.

The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for spring 2021.