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Federal Register/Vol. 86, No. 78/Monday, April 26, 2021/Notices

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Federal Register/Vol. 86, No. 78/Monday, April 26, 2021/Notices Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices 22091 SURFACE TRANSPORTATION BOARD Applicants to supplement their schedule, the Board finds that a submission with the requisite schedule based on the full 180 days [Docket No. FD 36472; Docket No. FD 36472 (Sub-No. 1); Docket No. FD 36472 (Sub-No. information for a ‘‘significant’’ allowed by the statute is more 2); Docket No. FD 36472 (Sub-No. 3); Docket transaction in accordance with the appropriate. As the Board noted in No. FD 36472 (Sub-No. 4); Docket No. FD Board’s regulations, between April 25 Decision No. 1, slip op. at 8, in a 36472 (Sub-No. 5); Docket No. AB 1312X] and June 25, 2021 (i.e., two to four ‘‘significant’’ transaction proceeding, months after the prefiling notice was applicants are required to submit more CSX Corporation and CSX submitted). detailed information regarding Transportation, Inc., et al.—Control DATES: Written comments on the competitive effects, operating plans, and and Merger—Pan Am Systems, Inc., Board’s proposed procedural schedule other issues than in a ‘‘minor’’ Pan Am Railways, Inc., Boston and must be filed by May 6, 2021. transaction proceeding. Also, unlike in Maine Corporation, Maine Central Railroad Company, Northern Railroad, ADDRESSES: Any filing submitted in this a ‘‘minor’’ transaction proceeding, Pan Am Southern LLC, Portland proceeding should be filed with the parties in a ‘‘significant’’ transaction Terminal Company, Springfield Board via e-filing on the Board’s proceeding are permitted to file Terminal Railway Company, Stony website. In addition, one copy of each responsive applications, including Brook Railroad Company, and Vermont filing must be sent (and may be sent by inconsistent applications. Id. Given & Massachusetts Railroad Company; email only if service by email is these procedural features of Norfolk Southern Railway—Trackage acceptable to the recipient) to each of ‘‘significant’’ transactions, the Board Rights Exemption—CSX the following: (1) Secretary of finds that the schedule proposed by Transportation, Inc.; Norfolk Southern Transportation, 1200 New Jersey Applicants would be too compressed. Railway—Trackage Rights Avenue SE, Washington, DC 20590; (2) Indeed, the Applicants’ proposed 127- Exemption—Providence & Worcester Attorney General of the United States, c/ day schedule here is only 22 days longer Railroad; Norfolk Southern Railway— o Assistant Attorney General, Antitrust than the 105-day schedule 3 the Trackage Rights Exemption—Boston & Division, Room 3109, Department of Applicants proposed when they sought Maine Corp.; Norfolk Southern Justice, Washington, DC 20530; (3) to classify this transaction as ‘‘minor.’’ 4 1 Railway—Trackage Rights CSX’s and 747 Merger Sub 2’s (See Notice 14.) Moreover, the Exemption—Pan Am Southern LLC; representative, Anthony J. LaRocca, Applicants provide no explanation why Steptoe & Johnson LLP, 1330 Pittsburg & Shawmut Railroad— such an expedited schedule is needed. Connecticut Ave. NW, Washington, DC Operation Exemption—Pan Am Therefore, the Board will propose the 20036; (4) Systems’,2 PAR’s, and PAR Southern LLC; SMS Rail Lines of New following procedural schedule.5 York, LLC—Discontinuance Railroads’ representative, Robert B. Exemption—in Albany County, NY Culliford, Pan Am Systems, Inc., 1700 Iron Horse Park, North Billerica, MA April 26, Application due. 2021. AGENCY: Surface Transportation Board. 01862; and (5) any other person May 26, 2021 Board notice of acceptance ACTION: Decision No. 2 in STB Finance designated as a Party of Record on the of application to be pub- Docket No. 36472; Notice of Proposed service list. lished in the Federal Reg- Procedural Schedule and Request for FOR FURTHER INFORMATION CONTACT: ister. Comments. Amy Ziehm at (202) 245–0391. June 16, 2021 Notices of intent to partici- Assistance for the hearing impaired is pate in this proceeding SUMMARY: The Surface Transportation due. Board (Board) invites public comments available through the Federal Relay on a proposed procedural schedule for Service at (800) 877–8339. this proceeding. On February 25, 2021, SUPPLEMENTARY INFORMATION: On April CSX Corporation (CSXC), CSX 1, 2021, Applicants filed a petition to Transportation Inc. (CSXT), 747 Merger establish a revised procedural schedule Sub 2, Inc. (747 Merger Sub 2), Pan Am as directed by the Board in Decision No. Systems, Inc. (Systems), Pan Am 1. The Board will propose modifications Railways, Inc. (PAR), Boston and Maine to the Applicants’ proposed schedule. Corporation (Boston & Maine), Maine Under 49 U.S.C. 11325(c), the Board Central Railroad Company (Maine must conclude the evidentiary Central), Northern Railroad (Northern), proceedings for a significant transaction 3 A 105-day schedule is the maximum time Portland Terminal Company (Portland no later than 180 days after publication permitted for the evidentiary proceeding in a Terminal), Springfield Terminal of notice in the Federal Register that the ‘‘minor’’ transaction under 49 U.S.C. 11325(d). Railway Company (Springfield Board has accepted the application. 4 Applicants’ submission was filed as an Terminal), Stony Brook Railroad Here, the Applicants have proposed a application for approval as a ‘‘minor’’ transaction Company (Stony Brook), and Vermont & schedule in which the record would pursuant to 49 CFR 1180.2(c). However, in Decision No. 1, the Board found that the proposed Massachusetts Railroad Company close 127 days after Federal Register publication. Although section 11325(c) transaction should be classified as a ‘‘significant’’ (V&M) (collectively, Applicants) transaction, which must meet different procedural submitted a filing with the Board. The allows the Board to set a shorter and informational requirements, and that applicants are seeking approval for: (1) Applicants’ submission therefore could not be CSXC, CSXT, and 747 Merger Sub 2 to 1 CSXT is a wholly owned subsidiary of CSXC. treated as an application. The Board determined CSXC and CSXT are referred to collectively as CSX. that it would consider the February 25, 2021 control the seven railroads controlled by 2 Systems directly and wholly owns PAR, which Systems and PAR, and (2) CSXT to submission a prefiling notification, as required in in turn directly and wholly owns four rail carriers: significant transactions. See 49 CFR 1180.4(b)(1). merge six of the seven railroads into Boston & Maine, Maine Central, Portland Terminal, 5 The schedule proposed here is similar in CSXT. In Decision No. 1, served and and Springfield Terminal. Boston & Maine directly and wholly owns Northern and Stony Brook, as duration to the schedule adopted for a ‘‘significant’’ published on March 25, 2021, the Board well as a 98% interest in V&M. These seven rail transaction in Canadian Pacific Railway—Control— accepted the February 25 submission as carriers will be referred to collectively as the PAR Dakota, Minnesota & Eastern Railroad, FD 35081 a prefiling notification, thus allowing Railroads. (STB served Dec. 27, 2007). VerDate Sep<11>2014 18:01 Apr 23, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\26APN1.SGM 26APN1 22092 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices June 25, 2021 Descriptions of anticipated review is not required, the Board will classification or implementation of responsive, including in- establish case-specific procedures. 49 product exclusions, contact consistent, applications CFR 1106.4(b), (c). Applicants claim [email protected]. due. Petitions for waiver that an environmental review would not or clarification with re- SUPPLEMENTARY INFORMATION: For spect to such applications be required for this transaction. (Notice 34–38; CSXC and CSXT Letter to background on the proceedings in this due. Comments, protests, investigation, please see prior notices requests for conditions, Danielle Gosselin, Acting Director, OEA, Apr. 7, 2021 (Environmental Comment including 82 FR 40213 (August 24, and any other evidence 2017), 83 FR 14906 (April 6, 2018), 83 and argument in opposi- EI–30550).) The Board’s Office of tion to the Application or Environmental Analysis is reviewing FR 28710 (June 20, 2018), 83 FR 33608 Related Transactions due. information submitted by Applicants on (July 17, 2018), 83 FR 38760 (August 7, This includes any com- the transaction’s anticipated 2018), 83 FR 47974 (September 21, ments from the U.S. De- environmental impacts and the Board 2018), 83 FR 49153 (September 28, partment of Justice (DOJ) will address environmental review 2018), 83 FR 65198 (December 19, and U.S. Department of 2018), 84 FR 7966 (March 5, 2019), 84 6 issues in a subsequent decision. Transportation (USDOT). FR 20459 (May 9, 2019), 84 FR 29576 July 26, 2021 Responsive, including in- Decided: April 19, 2021. (June 24, 2019), 84 FR 38717 (August 7, consistent, applications By the Board, Board Members Begeman, 2019), 84 FR 46212 (September 3, 2019), due. Fuchs, Oberman, Primus, and Schultz. September 8, Responses to comments, 84 FR 49591 (September 20, 2019), 84 Jeffrey Herzig, 2021. protests, requests for con- FR 57803 (October 28, 2019), 84 FR ditions, and other opposi- Clearance Clerk. 61674 (November 13, 2019), 84 FR tion due, including to [FR Doc. 2021–08493 Filed 4–23–21; 8:45 am] 65882 (November 29, 2019), 84 FR DOJ and USDOT filings. BILLING CODE 4915–01–P 69012 (December 17, 2019), 85 FR 549 Responses to responsive, (January 6, 2020), 85 FR 6674 (February including inconsistent, 5, 2020), 85 FR 9921 (February 20, applications due. Rebuttal OFFICE OF THE UNITED STATES 2020), 85 FR 15015 (March 16, 2020), 85 in support of the Applica- FR 17158 (March 26, 2020), 85 FR 23122 tion and Related Trans- TRADE REPRESENTATIVE actions due. (April 24, 2020), 85 FR 27489 (May 8, October 8, Rebuttal in support of re- Notice of Technical Amendment to 2020), and 85 FR 32094 (May 28, 2020). 2021. sponsive, including in- Product Exclusions: China’s Acts, Effective September 24, 2018, the U.S. consistent, applications Policies, and Practices Related to Trade Representative imposed due. Technology Transfer, Intellectual additional 10 percent ad valorem duties TBD ..............
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