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Surface Transportation Board Issues Decisions in CSX/Pan Am Merger Application Review

12/10/2021 (Friday) [PDF Version]
No. 21-50

Michael Booth
FedRelay 1 (800) 877-8339

The Surface Transportation Board today announced the details of the upcoming public hearing on the revised application for CSX Corporation and CSX Transportation, Inc., et al. (CSX) to acquire control of Pan Am Systems, Inc., and its shortline subsidiaries.  The public hearing will be entirely virtual and begin at 9:30 a.m. ET on January 13, 2022.  If necessary, the hearing will continue on January 14, 2022.

Persons wishing to speak at the hearing should file with the Board by December 20, 2021, a notice of intent to participate (identifying the entity, if any, the person represents, the proposed speaker, the amount of time requested, and summarizing the key points that the speaker intends to address).  The hearing will be held online using video conferencing and the Board will issue a subsequent decision with instructions for participation and public observation.  The subsequent decision will also indicate whether the hearing will be one or two days and include the schedule of appearances of speakers.

In a separate decision, the Board today affirmed its prior, preliminary conclusion that an environmental and historic review of the proposed merger is not required.  The Board had sought public comment on its prior conclusion and directed CSX to file traffic forecasts through 2027.  Today’s decision is based on all of the information available to date and consultation with the Board’s Office of Environmental Analysis.

The Board’s decisions in CSX Corporation and CSX Transportation, Inc., et al.—Control and Merger—Pan Am Systems, Inc., Pan Am Railways, Inc., Boston and Maine Corporation, Maine Central Railroad Company, Northern Railroad, Pan Am Southern LLC, Portland Terminal Company, Springfield Terminal Railway Company, Stony Brook Railroad Company, and Vermont & Massachusetts Railroad Company, FD 36472 et al., may be viewed and downloaded here and here.