SURFACE TRANSPORTATION BOARD

Consistent with his objective to increase transparency at the agency, Surface Transportation Board Chairman Patrick Fuchs provided an update today on recent actions to facilitate and expedite resolution of several long-standing Board proceedings.

• Consolidated Rail Corporation—Abandonment Exemption—in Hudson County, NJ (AB 167 (1189X)). Consolidated Rail Corporation (Conrail), CSX Transportation, Inc., and Norfolk Southern Railway Company jointly filed a verified notice of exemption in February 2009. Last Board decision in this docket was August 2022. Following completion of the historic review in October 2024, the Board issued a decision on February 10, 2025, directing parties to take certain actions related to offers of financial assistance. The agency is actively reviewing associated filings, the most recent of which was submitted yesterday, and Chairman Fuchs expects the Board to continue to act promptly as appropriate to resolve this proceeding.

• Application of the National Railroad Passenger Corporation Under 49 U.S.C. § 24308(a)—Canadian National Railway Company (FD 35743). Amtrak filed an application in July 2013. Last Board action in this docket was October 2022. On February 19, 2025, the Board issued a decision providing details about its planned requests for information and announcing a technical conference to discuss those requests. Chairman Fuchs expects this conference will greatly assist the Board’s efforts to receive the information necessary to bring this case to conclusion.

• Savage Tooele Railroad Company—Construction & Operation Exemption—Line of Railroad in Tooele County, Utah (FD 36616). Savage Tooele Railroad Company filed a petition for exemption in June 2022, and a petition for reconsideration of the Board’s final decision was filed in April 2024. Today, Chairman Fuchs offered a draft action for consideration by the full Board, and he expects the Board to issue a decision in the first half of March, if not sooner.

• R.J. Corman Railroad Property, LLC—Abandonment Exemption—in Scott, Campbell, & Anderson Counties, Tenn. (AB 1296X). R. J. Corman Railroad Property, LLC filed a verified notice of exemption in February 2020. Last Board action in this docket was in April 2024. On February 5, 2025, the Board declined to grant a request to extend the negotiating period for interim trail use, finding the request premature. The Board instead encouraged parties to work diligently on their negotiations.

• Soo Line Railroad Company D/B/A Canadian Pacific Railway—Acquisition & Operation Exemption—BNSF Railway Company (FD 35068). In December 2018, New Century Ag filed a petition to reopen or, in the alternative, revoke the exemption granted by the Board. Last Board action in this docket was in May 2022. Chairman Fuchs intends to offer a draft action for consideration by the full Board in March 2025, with the goal of putting a decision on the subject up for a vote soon thereafter.

• Union Pacific Railroad Company—Construction & Operation Exemption—in Maricopa County, Ariz. (FD 36501). Union Pacific Railroad Company filed a petition for exemption in June 2022. Last Board action in this docket was in November 2024. Chairman Fuchs intends to offer a draft action, concerning Section 110(k) of the National Historic Preservation Act, for consideration by the full Board soon, with the goal of putting a decision on the subject up for a vote in March 2025.

“The agency is working diligently to deliver for the public, and we will build on our intensive efforts to promote transparency, accountability, and collaboration,” said Chairman Fuchs. “Along with these actions, the Board has issued dozens of decisions in recent weeks to resolve disputes, facilitate market entry and exit, and otherwise apply the law.”

Chairman Fuchs expects to provide an update on other proceedings soon.

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