Application of the National Railroad Passenger Corporation Under 49 U.S.C. 24308(e)-CSX Transportation, Inc., and Norfolk Southern Railway Company

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Published

November 3, 2022

Issuing agencies

Surface Transportation Board

Abstract

The evidentiary hearing phase of this proceeding, involving the National Railroad Passenger Corporation (Amtrak), CSX Transportation, Inc. (CSXT), Norfolk Southern Railway Company (NSR), and the Alabama State Port Authority and its rail carrier division, the Terminal Railway Alabama State Docks (collectively, the "Port"; and with Amtrak, CSXT, and NSR, the "Parties"), will continue on November 17 and 18, 2022. On December 7, 2022, the Board will hold a voting conference, at which Board members will discuss among themselves, and may vote on, the outcome of the case. The evidentiary hearing and voting conference will both take place in the hearing room of the Board's headquarters. The hearing and voting conference will also be available for public viewing on YouTube.

Full Text

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<title>Federal Register, Volume 87 Issue 212 (Thursday, November 3, 2022)</title>
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[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66344-66345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23885]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36496]


Application of the National Railroad Passenger Corporation Under 
49 U.S.C. 24308(e)--CSX Transportation, Inc., and Norfolk Southern 
Railway Company

AGENCY: Surface Transportation Board.

ACTION: Notice of evidentiary hearing and voting conference.

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SUMMARY: The evidentiary hearing phase of this proceeding, involving 
the National Railroad Passenger Corporation (Amtrak), CSX 
Transportation, Inc. (CSXT), Norfolk Southern Railway Company (NSR), 
and the Alabama State Port Authority and its rail carrier division, the 
Terminal Railway Alabama State Docks (collectively, the ``Port''; and 
with Amtrak, CSXT, and NSR, the ``Parties''), will continue on November 
17 and 18, 2022. On December 7, 2022, the Board will hold a voting 
conference, at which Board members will discuss among themselves, and 
may vote on, the outcome of the case. The evidentiary hearing and 
voting conference will both take place in the hearing room of the 
Board's headquarters. The hearing and voting conference will also be 
available for public viewing on YouTube.

DATES: The evidentiary hearing will continue on November 17 and 18, 
2022, beginning each day at 9:30 a.m. Eastern Standard Time (EST). The 
Parties are directed to file with the Board lists of witnesses and to 
provide updated lists of their representatives' and witnesses' email 
addresses by November 10, 2022. The voting conference will take place 
on December 7, 2022, beginning at 2:00 p.m. EST.

ADDRESSES: The Parties' lists of witnesses should be filed via e-filing 
on the Board's website, <a href="http://www.stb.gov">www.stb.gov</a>. The Parties' updated lists of 
their representatives' and witnesses' email addresses should be sent 
via email to <a href="/cdn-cgi/l/email-protection#90d8f5f1e2f9fef7e3d0e3e4f2bef7ffe6"><span class="__cf_email__" data-cfemail="460e2327342f2821350635322468212930">[email&#160;protected]</span></a>. The evidentiary hearing and voting 
conference will both take place in the hearing room of the Board's 
headquarters, located at 395 E Street SW, Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On April 4, 2022, the Board commenced the 
evidentiary hearing phase of this proceeding, which continued on April 
5, 6, 8, 12, 14, 18, and 19, and on May 9, 11, and 12, involving the 
Parties. As of May 12, 2022, the Parties had concluded the presentation 
of their evidence. However, the Board invited the Parties to submit 
additional evidence with respect to issues outlined by the Board at the 
hearing on May 12, 2022. As a result, on July 27, 2022, the Parties 
each filed supplemental materials, and on August 31, 2022, the Parties 
each filed a reply to the evidence in the supplemental materials.
    The hearing will continue on November 17 and 18, 2022, and will be 
limited to direct examination and cross-examination on the new evidence 
presented in the supplemental materials filed following the conclusion 
of the hearing on May 12, 2022, and to presenting closing arguments. 
Specifically, the scope of direct examination and cross-examination 
will be limited to questions related to the modeling submitted with the 
supplemental evidence and replies showing the results of various 
operational changes and infrastructure improvements, as well as the 
potential impacts to customers. Because the Board is familiar with the 
Parties' filings, the Parties are encouraged to keep any direct 
examination to a minimum. At no point should the Parties' direct 
examination or cross-examination involve evidence that was submitted 
prior to the conclusion of the hearing on May 12, 2022. The Board 
expects the evidentiary part of this hearing to be completed within 
five hours.
    Subsequent to the completion of the evidentiary presentation, the 
Board will permit the Parties to make closing arguments. Closing 
arguments will be limited, as follows: (1) CSXT and NSR will be allowed 
60 minutes, collectively; (2) the Port will be allowed 15 minutes; and 
(3) Amtrak will be allowed 60 minutes. CSXT, NSR, and the Port may 
reserve a portion of their time for rebuttal.
    On December 7, 2022, beginning at 2:00 p.m. EST, the Board will 
hold a voting conference, at which Board members will discuss among 
themselves, and may vote on, the outcome of the case. Although the 
voting conference will be open for public observation, no participation 
by the Parties or the public will be permitted.
    The Parties are directed to confer among themselves and to file 
with the Board by November 10, 2022 lists of the witnesses (1) whom 
they intend to call for direct examination at the evidentiary hearing, 
and (2) whom they request an opportunity to cross-examine. The Parties 
should include with their witness lists the time they anticipate 
needing on direct examination with each witness, keeping in mind the 
goal of completing the evidentiary hearing within five hours.
    To facilitate Zoom access, also by November 10, 2022, the Parties 
are directed to provide the Board, via email at <a href="/cdn-cgi/l/email-protection#256d4044574c4b4256655651470b424a53"><span class="__cf_email__" data-cfemail="d79fb2b6a5beb9b0a497a4a3b5f9b0b8a1">[email&#160;protected]</span></a>, 
updated lists of their representatives and witnesses who will 
participate at the evidentiary hearing, those individuals' email 
addresses, and whether such individuals will need access to the 
confidential and/or highly confidential breakout room(s).
    The hearing and voting conference will be held in the hearing room 
of the Board's headquarters, located at 395 E Street SW, Washington, DC 
20423-0001. The hearing on November 17 and 18 will begin each day at 
9:30 a.m. EST. Hearing participants who are unable to attend in 
person--with the exception of witnesses subject to direct or cross-
examination--may attend the hearing via Zoom. The hearing and voting 
conference will be available for public viewing on YouTube.

Instructions for Attendance at Hearing and Voting Conference

    No later than November 16, 2022, the Parties' representatives and 
witnesses will receive an email from the Board via <a href="/cdn-cgi/l/email-protection#1058757162797e7763506364723e777f66"><span class="__cf_email__" data-cfemail="6028050112090e0713201314024e070f16">[email&#160;protected]</span></a> 
titled ``Participant'' that includes a link and instructions for how to 
enter the Zoom meeting.\1\ Only registered participants will be allowed 
into the Zoom meeting. As noted above, witnesses subject to direct or 
cross-examination may not participate virtually in the hearing.
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    \1\ The links will allow the Parties' representatives and 
witnesses to access the evidentiary hearing on November 17 and 18, 
2022, and the voting conference on December 7, 2022.
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    All persons attending the hearing or voting conference in person 
must use the main entrance to the Board's headquarters, located at 395 
E Street SW There will be no reserved seating. The building will be 
open to the public at 8:00 a.m. There is public parking in the 
building. The two closest Metro stops are Federal Center SW (3rd and D 
Streets SW, serving the Blue, Orange, and Silver Lines) and L'Enfant 
Plaza

[[Page 66345]]

(6th and D Streets SW, serving the Yellow, Green, Blue, Orange, and 
Silver Lines). Upon arrival, check in at the security desk in the main 
lobby. Be prepared to produce valid photographic identification 
(driver's license or local, state, or federal government 
identification); sign in at the security desk; submit to an inspection 
of all briefcases, handbags, etc.; and pass through a metal detector. 
Persons who exit the building during the hearing will be subject to 
these security procedures again if they choose to re-enter the 
building.
    Laptops and recorders may be used in the hearing room, and Wi-Fi 
will be available.\2\ Cell phones may be used quietly in the corridor 
outside the hearing room or in the building's main lobby.
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    \2\ The password will be available in the hearing room.
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    Members of the media should contact Michael Booth in the Office of 
Public Assistance, Governmental Affairs, and Compliance at (202) 245-
1760 if they plan to attend the hearing.
    The hearing room complies with the Americans with Disabilities Act, 
and persons needing such accommodations should call (202) 245-0245 by 
the close of business on November 10, 2022.
    The hearing and voting conference will be available for public 
viewing at <a href="http://www.youtube.com/channel/UCgd2FPpKSpQZ57p771aafNg/live">www.youtube.com/channel/UCgd2FPpKSpQZ57p771aafNg/live</a>. A 
link to the hearing or voting conference can also be accessed through 
the Board's website at <a href="http://www.stb.gov">www.stb.gov</a>, under ``Quick Links'' on the 
homepage, by clicking on ``WATCH LIVE HEARINGS HERE.'' If confidential 
or highly confidential materials are to be presented, all attendees who 
are not authorized to view the confidential or highly confidential 
information will be asked to leave the hearing room during the 
presentation of such information, ``breakout rooms'' will be used if 
there are hearing participants attending via Zoom, and the YouTube 
stream of the hearing will be interrupted.
    Board Releases and Transcript Availability: Decisions and notices 
of the Board, including this notice, are available on the Board's 
website at <a href="http://www.stb.gov">www.stb.gov</a>. A recording of the hearing and the voting 
conference, as well as a transcript of each, will be posted on the 
Board's website when they become available.

It Is Ordered

    1. The evidentiary hearing will continue in the hearing room of the 
Board's headquarters, located at 395 E Street SW, Washington, DC 20423-
0001, on November 17 and 18, 2022, beginning each day at 9:30 a.m. EST.
    2. A voting conference is scheduled on December 7, 2022, in the 
hearing room of the Board's headquarters, at 2:00 p.m. EST.
    3. The Parties are directed to file with the Board, by November 10, 
2022, lists of the witnesses (1) whom they intend to call for direct 
examination at the evidentiary hearing, along with the time they 
anticipate needing on direct examination with each witness, and (2) 
whom they request an opportunity to cross-examine.
    4. The Parties are directed to provide the Board, by November 10, 
2022, via email at <a href="/cdn-cgi/l/email-protection#024a6763706b6c6571427176602c656d74"><span class="__cf_email__" data-cfemail="a4ecc1c5d6cdcac3d7e4d7d0c68ac3cbd2">[email&#160;protected]</span></a>, updated lists of their 
representatives and witnesses who will participate at the evidentiary 
hearing, those individuals' email addresses, and whether such 
individuals will need access to the confidential and/or highly 
confidential breakout room(s).
    5. This decision is effective on its service date.
    6. This decision will be published in the Federal Register.

(Authority: 49 CFR 1113.1)


    Decided: October 28, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-23885 Filed 11-2-22; 8:45 am]
BILLING CODE 4915-01-P


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