01.July.2021, Washington DC — The introduction to the Amended and Supplemented Application includes a proposed schedule of proceedings for the Board’s determination of the CSX/PAR “merger,” assuming that this Application is accepted.
“Under the foregoing proposed schedule, this proceeding would take slightly less overall time than the schedule that was proposed by the Board in the decision served on April 22, 2021. Specifically, the proposed schedule provides a shorter time period for responding to comments and responsive applications (between August 30 and October 19, which is 50 days as opposed to 75), but the amount of time should still be more than adequate to respond. The proposed schedule also provides a 21-day period for submitting rebuttals in support of responsive, including inconsistent, applications rather than a 30-day period. The schedule calls for final briefs to close the record on December 9, 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).
“Applicants submit that the foregoing schedule is appropriate for this proceeding. Applicants have invested significant time and resources in negotiating and finalizing settlement agreements in order to resolve potential issues related to the Proposed Transaction and the Related Transactions. Additionally, since Applicants filed the Original Application on February 25, 2021, interested parties have been on notice of this proceeding for several months.”
|July 1, 2021||Application due.|
|July 30, 2021
|Board notice of acceptance of application to be published in the Federal Register.|
|August 20, 2021||Notices of intent to participate in this proceeding due.|
|August 30, 2021||Descriptions of anticipated responsive, including inconsistent, applications due. Petitions for waiver or clarification with respect to such applications due. Comments, protests, requests for conditions, and any other evidence and argument in opposition to the Application or Related Transactions due. This includes any comments from the U.S. Department of Justice (“DOJ”) and U.S. Department of Transportation (“USDOT”).|
|September 29, 2021||Responsive, including inconsistent, applications due.|
|October 19, 2021||Responses to comments, protests, requests for conditions, and other opposition due, including to DOJ and USDOT filings. Responses to responsive, including inconsistent, applications due. Rebuttal in support of the Application and Related Transactions due.|
|November 9, 2021||Rebuttal in support of responsive, including inconsistent, applications due. TBD Public hearing (if necessary).|
|December 9, 2021||Final briefs due. (Close of the record.)|
|March 9, 2022||Service date of final decision|
|April 8, 2022||Effective date of final decision.|