SURFACE TRANSPORTATION BOARD

The Surface Transportation Board today issued a decision denying a motion by CSX Transportation, Inc. (CSX), Norfolk Southern Railway Company (NS), and the Alabama Port Authority (Port) requesting that the Board order Board-sponsored mediation regarding the application of the National Railroad Passenger Corporation (Amtrak) to operate Gulf Coast service.

On March 25, 2022, CSX, NS, and the Port filed a joint motion requesting that the Board order all parties to participate in Board-sponsored mediation, which would, of practical necessity, mean a postponement of the beginning of the evidentiary hearing scheduled for April 4, 2022.  On March 28, 2022, Amtrak replied, arguing that the Board should deny the motion, or, in the alternative, refrain from deciding the motion until the conclusion of the evidentiary hearing.

The Board favors resolution of disputes through mediation rather than formal proceedings.  However, the Board notes that mediation has not been requested or agreed to by all parties since this proceeding began more than a year ago.  The evidentiary hearing in this matter remains set to begin on April 4, 2022.  A party may request mediation to resolve any remaining issues following the hearing.

Today’s decision in Application of the National Railroad Passenger Corporation Under 49 U.S.C. § 24308(e)—CSX Transportation, Inc., and Norfolk Southern Railway Company, Docket No. FD 36496, may be viewed and downloaded here.

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