SURFACE TRANSPORTATION BOARD

Continuing the agency’s efforts to promote transparency and accountability, Surface Transportation Board Chairman Patrick Fuchs provided an update today on recent actions to facilitate and expedite the resolution of several outstanding Board proceedings.

• Lake Providence Port Commission—Feeder Line Application—Line of Delta Southern Railroad Located in East Carroll & Madison Parishes, La. (FD 36447). This long-standing proceeding involves efforts by LPPC, a noncarrier political subdivision of the State of Louisiana, to acquire portions of the McGehee-Tallulah rail corridor owned by Delta Southern Railroad, Inc. (DSR), a Class III rail carrier, through a Board-ordered sale. The proceeding was placed in abeyance in August 2024, pending resolution of certain issues raised in related state court actions. Chairman Fuchs has offered a draft action for consideration by the full Board and expects the Board to issue a decision in September 2025.

• City of Philadelphia—Petition for Declaratory Order (FD 36768). In April 2024, the City of Philadelphia petitioned to Board for a declaratory order addressing the agency’s jurisdiction over certain property underlying a portion of the Philadelphia & Reading Railroad Company’s former Ninth Street Branch. Chairman Fuchs has offered a draft action for consideration by the full Board and expects the Board to issue a decision in September 2025.

• Mendocino Railway—Petition for Declaratory Order (FD 36868). In July 2025, Mendocino Railway petitioned the Board to issue a declaratory order confirming that Mendocino Railway is a Class III common carrier subject to the Board’s jurisdiction, entitled to the protections of any applicable federal preemption that comes with that status. Chairman Fuchs has offered a draft action for consideration by the full Board and expects the Board to issue a decision in September 2025.

• Improving STB Environmental Regulations. Consistent with Executive Order 14154, Unleashing American Energy, issued January 20, 2025, and related guidance from the Council on Environmental Quality, Chairman Fuchs has offered a course of action for consideration by the full Board and expects the Board to issue a decision no later than October 2025.

• Reporting Requirements for Positive Train Control Expenses & Investments (EP 706). In August 2024, the Association of American Railroads petitioned the Board to reopen and terminate certain 2013 railroad reporting requirements on capital and operating expenditures for Positive Train Control (PTC). Current PTC reporting requires carriers to break out expenditures to reflect PTC implementation, which is now complete. Chairman Fuchs has offered a course of action for consideration by the full Board and expects the Board to issue a decision in September 2025.

• Consolidated Rail Corp.—Abandonment Exemption—in Hudson County, N.J. (AB 167 (Sub-No. 1189X)). This longstanding proceeding involves a request from Consolidated Rail Corporation (Conrail) for authority to abandon an approximately 1.36-mile portion of a line of railroad, known as the Harsimus Branch, located in the City of Jersey City, N.J. In May 2025, the Board, through the Acting Director of the Office of Proceedings, rejected the City of Jersey City’s Offer of Financial Assistance to purchase certain of Conrail’s interests in the Harsimus Branch, which has been appealed to the full Board. Chairman Fuchs intends to offer a course of action for consideration by the full Board in October 2025.

• The Great Walton Railroad Company—Petition for Declaratory Order (AB 1242 (Sub-No. 1)). This longstanding proceeding involves a request for the Board to issue a declaratory order clarifying that a portion of the Great Walton Railroad Company’s runaround track in Hart County, Georgia is a line of railroad subject to the agency’s exclusive jurisdiction. Chairman Fuchs intends to offer a course of action for consideration by the full Board in October 2025.

• Fortress Investment Group LLC et al.—Control Exemption—Wheeling & Lake Erie Railway (FD 36878). In August 2025, Fortress Investment Group submitted a petition for exemption from the formal requirements of 49 U.S.C. § 11323 for the acquisition of control of The Wheeling Corporation and its wholly owned railroad subsidiaries. Chairman Fuchs expects the Board to issue a decision no later than November 2025.