WASHINGTON – Surface Transportation Board Chairman Patrick Fuchs provided an update today on efforts to clear a backlog of cases that have languished for years.
The cases include:
Colorado Landowners — Adverse Abandonment — Great Western Railway of Colorado, LLC, in Weld County, Colo.: On Oct. 5, 2022, a group of landowners filed an application asking the board to authorize the third-party, or “adverse,” abandonment of 6.2 miles of rail line owned by Great Western Railway of Colorado, LLC. The final Environmental Assessment was issued in May 2023. Earlier this month, Fuchs offered a draft action for consideration by the full board. He expects a decision in the first two weeks of July.
Union Pacific Corp. — Control — Missouri-Kansas-Texas Railroad Co., et al.: In August 2023, Kansas City Southern petitioned the board to enforce conditions imposed as part of approval of UP’s acquisition of the Katy. The most recent board action in this docket was in September 2023. In April, Fuchs offered a course of action for consideration by the full board, and expects the board to issue a decision in the first two weeks of July.
Savannah Industrial Logistics, LLC — Construction Exemption — in Effingham County, Ga., and Savannah Industrial Transportation, LLC — Lease and Operation Exemption — Line of Savannah Industrial Logistics, LLC. in Effingham County, Ga.: On Sept. 28, 2023, Savannah Industrial Logistics, LLC filed a petition seeking authorization for after-the-fact authority to construct an 11,404-foot rail line. Its affiliate, Savannah Industrial Transportation, LLC, filed for after-the-fact authority to lease and operate the line. The board issued its Final Environmental Assessment in May. Fuchs intends to offer a draft action for consideration by the full board in July.
Railroad Revenue Adequacy (EP 722): In April 2014, the board instituted this proceeding to explore its methodology for determining railroad revenue adequacy and the application of revenue adequacy to rate reasonableness cases. The board received written comments and held two hearings. The most recent board action in this docket (outside of litigation) was in December 2019. Earlier this month, Fuchs offered a draft action for consideration by the full board, and he expects the board to issue a decision in August 2025, if not sooner.
Joint Petition for Rulemaking — Annual Revenue Adequacy Determinations (EP 766): In December 2020, the board instituted this proceeding to consider a petition by several Class I railroads to change the board’s procedures for annually determining whether Class I rail carriers are revenue adequate and related issues. The board received written comments. The most recent board action in this docket was in July 2021. Earlier this month, Fuchs offered a draft action for consideration by the full board, and he expects the board to issue a decision in August 2025, if not sooner.
Walkersville Southern Railroad, Inc — Discontinuance of Service Exemption — in Frederick County, Md.: On March 18, 2024, Walkersville Southern Railroad, Inc., filed a verified notice of exemption to discontinue service over an approximately 2.21-mile rail line owned by the Maryland Transit Administration, and Frederick County filed a request for issuance of a notice of interim trail use or abandonment (NITU) for the line under the National Trails System Act. The director of the board’s Office of Proceedings denied the county’s NITU request, and certain parties appealed. The most recent board action in this docket was in August 2024. Fuchs expects the board to issue a decision in August 2025, if not sooner.
City of Philadelphia — Petition for a Declaratory Order: In April 2024, the City of Philadelphia petitioned the board to issue a declaratory order concerning jurisdictional and other matters related to the Philadelphia & Reading Railroad Co. The most recent board action in this docket was in May 2024. Fuchs now intends to offer a draft action for consideration by the full board in August 2025.
