01.April, Washington DC – As requested by the Surface Transportation Board following its decision to upgrade the CSXT Acquisition of Pan Am Systems and related transactions from a Minor to a Significant Transaction, CSXT has refiled its suggested procedural schedule for review.
On March 25, in the Decision filed under the Federal Register by the STB, CSXT was to next submit its procedural schedule on 1.April, followed by its ‘perfected’ application between 25.April and 25.June. The STB instructed the Applicants to submit a procedural schedule reflecting the Board’s determination that the proposed transaction is Significant.
CSXT and associated filers have submitted the Proposed Procedural Schedule and request that the Board establish the following schedule to govern this proceeding:
- 25.February.2021 – Prefiling Notification and Motion for Protective Order filed.
- 3.March.2021 – Protective Order issued.
- 25.March.2021 – Notice of receipt of Prefiling Notification published in the Federal Register.
- 1.April.2021 – Motion to Establish Revised Procedural Schedule filed.
- 26.April.2021 – Application filing.
- 26.May.2021 – Notice of acceptance of Application to be published in the Federal Register.
- 10.June.2021 – Safety Integration Plan to be filed with the Board’s Office of Environmental Analysis and the Federal Railroad Administration. Notices of intent to participate in this proceeding due.
- 25.June.2021 – Description of anticipated responsive (including inconsistent) applications due. Petitions for waiver or clarification due with respect to such applications.
- 9.July.2021 – Comments on the Application and Related Transactions are due, including protests, requests for conditions, evidence and argument in opposition. Filings of the U.S. Department of Justice and the U.S. Department of Transportation are due.
- 9.July.2021 – Responsive (including inconsistent) applications due.
- 20.August.2021 – Response to comments, protests, requested conditions, and other opposition due. Response to comments of DOJ and DOT due. Rebuttal in support of Application and Related transactions due. Response to responsive (including inconsistent) applications due.
- 10.September.2021 – Rebuttal in support of responsive (including inconsistent) applications due.
- 30.September.2021 – Final briefs due (not to exceed 50 pages for applicants and not to exceed 25 pages for all other parties). Close of record.
- 29.December.2021 – Board serves final decision.
- 28.January.2022 – Board decision becomes effective.
The proposed schedule will permit the Board to serve a final decision within the 300-day period under the statute. 49 U.S.C. §§ 11325(a) and (c). It also expands the statutory time period from 30 to 45 days to provide interested parties with additional time to submit comments on the Application. 49 U.S.C. § 11325(c)(1).
In addition to extending the comment period, the proposed schedule seeks to streamline and consolidate filings by having responsive (including inconsistent) applications filed on the same date as comments are filed. Responses to opening comments are due on August 20, and rebuttal in support of inconsistent application is due 10.September.
Finally, the proposed schedule calls for final briefs to close the record on 30.September.2021, and then provides the full 90 days under the statute for the Board to reach a final decision. 49 U.S.C. § 11325(c)(3).
The ball is now in the STB’s court to approve or amend the Proposed Schedule.