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

Issuing agencies

Abstract

The Surface Transportation Board (Board) is accepting for consideration the revised application filed on July 1, 2021, by CSX Corporation (CSXC), CSX Transportation Inc. (CSXT), 747 Merger Sub 2, Inc. (747 Merger Sub 2), Pan Am Systems, Inc. (Systems), Pan Am Railways, Inc. (PAR), Boston and Maine Corporation (Boston & Maine), Maine Central Railroad Company (Maine Central), Northern Railroad (Northern), Portland Terminal Company (Portland Terminal), Springfield Terminal Railway Company (Springfield Terminal), Stony Brook Railroad Company (Stony Brook), and Vermont & Massachusetts Railroad Company (V&M) (collectively, Applicants). The application will be referred to as the Revised Application. The Revised Application seeks Board approval under 49 U.S.C. 11321-26 for: CSXC, CSXT, and 747 Merger Sub 2 to control the seven railroads controlled by Systems and PAR, and CSXT to merge six of the seven railroads into CSXT. This proposal is referred to as the Merger Transaction. In addition to the Revised Application, there are several filings for transactions related to the Merger Transaction, including: Four notices of exemption for Norfolk Southern Railway Company (NSR) to acquire trackage rights over existing lines owned by four separate railroads; a petition for exemption to allow Pittsburg & Shawmut Railroad, LLC d/ b/a Berkshire & Eastern Railroad (B&E), to replace Springfield Terminal as the operator of Pan Am Southern LLC (PAS); and a notice of exemption to allow SMS Rail Lines of New York, LLC (SMS) to discontinue service and terminate its lease of a rail line known as the Voorheesville Running Track. These transactions will be referred to as the Related Transactions. This decision embraces the following dockets: Norfolk Southern Railway--Trackage Rights Exemption--CSX Transportation, Inc., Docket No. FD 36472 (Sub-No. 1); Norfolk Southern Railway--Trackage Rights Exemption--Providence & Worcester Railroad, Docket No. FD 36472 (Sub-No. 2); Norfolk Southern Railway--Trackage Rights Exemption-- Boston & Maine Corp., Docket No. FD 36472 (Sub-No. 3); Norfolk Southern Railway--Trackage Rights Exemption--Pan Am Southern LLC, Docket No. FD 36472 (Sub-No. 4); Pittsburg & Shawmut Railroad--Operation Exemption-- Pan Am Southern LLC, Docket No. FD 36472 (Sub-No. 5); SMS Rail Lines of New York, LLC--Discontinuance Exemption--in Albany County, N.Y., Docket No. AB 1312X. The Board finds that the Revised Application meets the requirements of 49 CFR 1180.4, 1180.6, and 1180.7 and is therefore complete. 49 CFR 1180.4(c)(7) (``A complete application contains all information for all applicant carriers required by these procedures, except as modified by advance waiver.'') Accordingly, the Revised Application is accepted. The Board adopts a procedural schedule for consideration of the Revised Application and Related Transactions, under which the Board's final decision would be issued by April 1, 2022, and would become effective by May 1, 2022.