Eleven Days to the Comment Date
FD 36873, Union Pacific–Norfolk Southern control: the Board has kept its calendar. FD 36918, Conshohocken: the buyer has answered, and a shipper has asked for rates.
The Board has not moved the date. On 18 September 2026, in Decision No. 37, the full Board denied the motions, filed by BNSF and CSX among others, asking it to reject the Union Pacific–Norfolk Southern control application without a hearing on the merits, and it repeated the next mark: comments, protests and requests for conditions are due 18 November 2026. The Board wrote that its decision to proceed “does not reflect any determination on the merits.” Board Member Kloster concurred separately.
Since then the record has run on discovery. The administrative law judge issued rulings on 1, 8, 16 and 23 October 2026. On 6 October the Board granted leave to three railroads to file descriptions of anticipated responsive applications: the Chicago, South Shore & South Bend, the Great Basin & Northern, and the Iowa Interstate; the same decision accepted, without a motion, a fourth description from the Canton Railroad. On 26 October the Allied Rail Unions and the Brotherhood of Locomotive Engineers and Trainmen entered a protest and opposition statement.
Then the Board ruled. On 4 November 2026 it served three decisions. In Decision No. 45 the full Board denied Union Pacific’s appeal of the order making the SWARS video public, and denied as moot its stay motion and CPKC’s motion to enforce. It ordered Union Pacific to file a verified statement by 5:00 p.m. ET on 5 November certifying that it has redesignated the video and served a copy on all parties of record. Union Pacific filed that statement on 5 November (UP-127), certifying the redesignation and service on all parties of record, so the case stays on schedule and the 18 November comment date stands. In Decision No. 44 the administrative law judge denied CSXT’s motion to compel and moved the discovery conference to 25 November at 10:00 a.m. ET. In Decision No. 46 the Board denied CXRG’s petition, granted in part and denied in part the CPKC and CN petitions on responsive applications, and waived paper copies for all responsive applications.
The calendar below is the one the Board set in Decision No. 30 of 18 August 2026, as published in the Federal Register on 20 August.
STB Decision No. 30, FD 36873, 91 FR 53927, 20 August 2026; 18 November reconfirmed in Decision No. 37, 18 September 2026.
No hearing date, no close of the record, and no decision date can be computed from the record as it stands.
FD 36918 · Across the Schuylkill. The second file is smaller and closer to the ground. 900 Conshohocken Rail LLC holds an exemption, effective 12 July 2026, to acquire an approximately 11-mile line at Conshohocken, Pennsylvania from Cleveland-Cliffs Railways Inc., doing business as the Upper Merion & Plymouth Railroad. On 31 August Mike Huhn asked the Board to revoke it. He raised concerns that track would be removed for parking tied to a data center planned for the old mill property, and that the buyer lacks rail experience. On 8 October the Board directed the buyer to respond.
It responded on 28 October. The buyer expects to close in November. A related entity is acquiring the former mill site, and some ancillary tracks there are expected to come out. The buyer says that work will not sever or adversely affect the regulated trackage that runs from near the mill across the Schuylkill River to the Norfolk Southern connection. Service will come from the buyer or a contract operator, and it “will not be precluded from providing rail service when needed.” It says there would be no basis to consider revocation.
The same day, Plymouth Industrial Center, Inc. told the Board that it opposes any removal of rail infrastructure or end of service on the line, and that on 19 October it delivered a formal request to the buyer for common carrier rates and terms. It asked to be added to the service list. As of 1 November no decision had issued.
Sources: STB dockets FD 36873 and FD 36918, filings 312756 and 312757, 28 October 2026; STB decisions records, checked 1 November 2026
Read the filing, FD 36918 filing 312757, Reply of 900 Conshohocken Rail LLC, 28 October 2026 →