Union Pacific Corporation and Union Pacific Railroad Company-Control-Norfolk Southern Corporation and Norfolk Southern Railway Company

Abstract

On May 28, 2026, the Board accepted for consideration (1) the revised, primary application (the Revised Application) filed by Union Pacific Corporation (UPC), Union Pacific Railroad Company (UP) (collectively, Union Pacific), Norfolk Southern Corporation (NSC), and Norfolk Southern Railway Company (NS) (collectively, Norfolk Southern) (Union Pacific and Norfolk Southern collectively, Applicants) as well as (2) a related application in Union Pacific Corp.--Control--Peoria & Pekin Union Railway, Docket No. FD 36873 (Sub-No. 1). However, the Board held both proceedings in abeyance pending further Board order and the submission of certain additional information. Applicants filed additional information in two supplements submitted in July. In this decision, the Board removes the proceedings from abeyance, adopts a procedural schedule, directs Applicants to resubmit certain workpapers with unfiltered data, rules on a pending procedural request, and advises that the Board will address other outstanding motions at a future date.

Action & Dates

Action: Decision No. 30 in Docket No. FD 36873; removing the proceedings from abeyance; adopting a procedural schedule; directing the production of certain material; and ruling on a pending procedural request.
Dates: The effective date of this decision is August 18, 2026. Notices of intent to participate in these proceedings are due by September 4, 2026. Descriptions of anticipated responsive, including inconsistent, applications are due by September 9, 2026. Petitions for waiver or clarification with respect to such applications are due by October 5, 2026. Responsive environmental information and environmental verified statements for responsive, including inconsistent, applications are due by November 13, 2026. Comments, protests, requests for conditions, and any other evidence and argument in opposition to the Revised Application are due by November 18, 2026. All responsive, including inconsistent, applications are also due by November 18, 2026. Any preliminary comments from the U.S. Department of Justice (DOJ) and U.S. Department of Transportation (USDOT) are due by December 3, 2026. Responses to comments, protests, requests for conditions, and other opposition-- including responses to DOJ and USDOT filings--are due by February 16, 2027. Rebuttal in support of the Revised Application is also due by February 16, 2027. Responses to responsive, including inconsistent, applications are also due by February 16, 2027. Rebuttals in support of responsive, including inconsistent, applications must be filed by March 29, 2027. A public hearing will be held on a date or dates to be determined in a subsequent decision. Final briefs will be due by May 28, 2027.
Effective Date: 2026-08-18

Public Comment

Comments Close: 2027-03-29 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Surface Transportation Board [Docket No. FD 36873] AGENCY: Surface Transportation Board. ACTION: Decision No. 30 in Docket No. FD 36873; removing the proceedings from abeyance; adopting a procedural schedule; directing the production of certain material; and ruling on a pending procedural request. SUMMARY: On May 28, 2026, the Board accepted for consideration (1) the revised, primary application (the Revised Application) filed by Union Pacific Corporation (UPC), Union Pacific Railroad Company (UP) (collectively, Union Pacific), Norfolk Southern Corporation (NSC), and Norfolk Southern Railway Company (NS) (collectively, Norfolk Southern) (Union Pacific and Norfolk Southern collectively, Applicants) as well as (2) a related application in Union Pacific Corp.—Control—Peoria & Pekin Union Railway, Docket No. FD 36873 (Sub-No. 1). However, the Board held both proceedings in abeyance pending further Board order and the submission of certain additional information. Applicants filed additional information in two supplements submitted in July. In this decision, the Board removes the proceedings from abeyance, adopts a procedural schedule, directs Applicants to resubmit certain workpapers with unfiltered data, rules on a pending procedural request, and advises that the Board will address other outstanding motions at a future date. DATES: The effective date of this decision is August 18, 2026. Notices of intent to participate in these proceedings are due by September 4, …

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Citation: 91 FR 53927