The Manifest Issue 7 May 29, 2026

STB Freezes UP-NS Merger Review; FRA Retreats on Signal & Dispatcher Certification; Penn Station Rebuild Gets a Developer; New Rail Lines Push Toward Mexico

■ From the Field WHAT THE MERGER GETS RIGHT On an Argument Conducted Entirely in the Future Tense — and What the Board Did to It This Morning Every argument being made about the Union Pacific–Norfolk Southern merger is an argument about the past

Section I

From the Field

■ From the Field

WHAT THE MERGER GETS RIGHT

On an Argument Conducted Entirely in the Future Tense — and What the Board Did to It This Morning

Every argument being made about the Union Pacific–Norfolk Southern merger is an argument about the past. The opponents reach for Southern Pacific. The proponents reach for Santa Fe. And not one of those precedents is this merger — because this merger has not happened. This morning the Surface Transportation Board said the same thing in the only language a regulator has: it accepted the application as complete, then held the proceeding in abeyance and sent the applicants back to produce this railroad's facts instead of the last railroad's ghost. The merger gets the problem right. The argument gets the future wrong. Both are true at once — and the field reads what is true regardless of which direction the truth runs.

Read this editorial standalone →
Section II

Rail & Energy Markets

■ Rail & Energy Markets
Railroad Stocks
UNP Union Pacific $267.00 -12.42 (-4.4%) CSX CSX Corp $45.81 -1.59 (-3.4%) NSC Norfolk Southern $307.88 -17.84 (-5.5%) CP CPKC $90.60 -0.66 (-0.7%) CNI Canadian National $118.80 -1.20 (-1.0%) WAB Wabtec $261.20 +1.35 (+0.5%) GBX Greenbrier $47.90 -0.42 (-0.9%) GATX GATX Corp $170.52 -2.48 (-1.4%)
Energy
CL=F WTI Crude Oil $88.19 -3.91 (-4.2%) BZ=F Brent Crude $92.34 -3.26 (-3.4%) NG=F Natural Gas $3.30 +0.22 (+7.0%)
Section III

Class I Dispatch

■ Class I Dispatch
BNSF
This document provides the public notice that by letter received September 2, 2025, BNSF Railway (BNSF) petitioned FRA for an amendment from existing relief from certain regulation
via FRA — Fed Register
Union Pacific
The Surface Transportation Board (STB or Board) today announced a unanimous decision accepting for consideration the revised major merger application filed by Union Pacific (UP) an
via STB
CSX
This document provides the public with notice that, on April 21, 2026, the Massachusetts Bay Transportation Authority (MBTA), as the host railroad, submitted a request to permit CS
via FRA — Fed Register
Norfolk Southern
The Surface Transportation Board today announced that it has received a revised major merger application from Union Pacific and Norfolk Southern (together, Applicants). The Board
via STB
Canadian National
Odd question - does CN have any type of operating or overhead rights into Dow Chemical in Midland, MI? Was running errands while on a visit to the wife's family, and saw a CN deca
via Trainorders
CPKC
via SMART-TD News
Section IV

Transit & High-Speed Rail

■ Transit & High-Speed Rail
This document provides the public notice that the National Railroad Passenger Corporation (Amtrak) petitioned FRA for an extension of relief from certain regulations concerning ECP brake systems on pa
via FRA — Fed Register
Section V

Intelligence Briefing

This week's briefing — 12 items selected and edited from over 200 sources across the North American railroad ecosystem. — FMS
■ REGULATORY
STB Accepts UP-NS Merger Application, Then Immediately Parks It on the Siding
The Surface Transportation Board voted unanimously to accept the revised Union Pacific–Norfolk Southern merger application filed April 30—and then held the entire proceeding in abeyance, environmental review included, pending supplemental filings due by July 27. Read that sequence again. Acceptance is procedural; abeyance is substantive. The Board is telling Applicants that what they filed is not sufficient to advance to the next stage without considerable additional information. This is not how you treat an application you find compelling. The supplemental requirements will likely target competitive impact modeling, service assurance commitments, and the divestiture package that has drawn sustained fire from shippers, short lines, and the remaining Class I carriers who would face a transcontinental monopoly west of the Mississippi. Shipper groups and the Stop the Rail Merger Coalition praised the decision, and they should—because abeyance buys time, and time is what opposition needs to build a record. For the carriers, the clock is now adversarial. Every month in abeyance is a month where integration planning costs money without producing synergies, where key personnel face uncertainty, and where the political landscape can shift. The field should watch the July 27 supplemental filing closely. What the Board asked for—and what the Applicants provide—will reveal whether this merger has a viable path or is being managed toward a dignified withdrawal.
■ REGULATORY
FRA Proposes to Rescind Signal Employee and Dispatcher Certification Rules It Finalized Two Years Ago
In a pair of Federal Register notices published May 15, FRA proposed to rescind—entirely—the final rules on Certification of Signal Employees and Certification of Dispatchers that it promulgated in May 2024. Not amend. Not delay implementation. Rescind. The agency cites its review of petitions for reconsideration and the issues raised therein, which is bureaucratic language for acknowledging that the rules drew sustained opposition from carriers who argued the compliance architecture was unworkable. What does this mean for the field? Signal maintainers and dispatchers will not face a federal certification regime for the foreseeable future. The existing patchwork of carrier-specific qualification programs—varying dramatically in rigor—will persist. The irony is considerable: these were the rules that safety advocates pointed to as the logical extension of engineer and conductor certification, the completion of a framework decades in the making. FRA spent years developing them. Industry spent years resisting them. The current administration appears to have decided the resistance was more persuasive than the rulemaking record. (The field has been running ahead of this regulation for a decade—and behind it in equal measure, depending on which property you visit.) Whether rescission survives the comment period and any future change in administration is another question entirely. But for now, the signal is clear: deregulatory momentum has reached the craft certification program.
■ CAPITAL
Penn Station Finally Gets a Builder, Not Just Another Planning Committee
Halmar and Skanska have been selected as master developer for the reconstruction of New York Penn Station, with work expected to begin by late 2027. The significance is not in the names—both are credible heavy-civil contractors—but in the fact that New York has moved from perpetual study to a contractual commitment with a construction timeline. Penn Station has been the subject of redesign proposals, architectural competitions, and political grandstanding for the better part of two decades. What it has not been the subject of is construction. The station processes roughly 600,000 passenger movements per day across Amtrak, NJ Transit, and the Long Island Rail Road, and its physical plant has been deteriorating faster than any individual agency has been willing to fund repairs. The selection of a master developer consolidates accountability in a way that distributed governance never could. The hard questions remain: phasing construction in a station that cannot shut down, managing the interface between three operating railroads with different equipment, different schedules, and different institutional cultures, and controlling costs in a Manhattan subterranean environment where every utility relocation is a six-figure change order. But choosing a builder is a different act than choosing an architect. It means someone is expected to move dirt.
■ MARKET
Two New Rail Lines Aimed at the Mexican Border Tell You Where Trade Infrastructure Is Heading
The STB authorized construction of 1.3 miles of new rail line in Eagle Pass, Texas, as part of the Puerto Verde Global Trade Bridge, and separately issued a final environmental assessment for 2.6 miles of new rail in Webb County connecting to UP's mainline near a new industrial park. These are small projects by mileage. They are enormous by implication. New rail construction in the United States is rare enough to merit attention whenever it occurs. When two projects surface simultaneously, both oriented toward cross-border freight corridors, the pattern is unmistakable: nearshoring is generating physical infrastructure, not just corporate press releases. The Eagle Pass line creates a new trade corridor. The Webb County line serves a greenfield industrial park positioned to capture manufacturing that has shifted from Asia to northern Mexico. Both connect to existing Class I infrastructure, which means the volume they generate will flow into networks already contending with capacity constraints in the southern tier. How does a Class I justify deferring maintenance-of-way spending on existing corridors while new connections are adding demand at the border? That tension—between growth capital and maintenance capital—is the quiet strategic question that nearshoring is forcing onto every railroad operating south of the 32nd parallel.
■ REGULATORY
Nevada Gold Rail: STB Streamlines Permitting for 55 Miles of New Line in Open Desert
The Board instituted a proceeding for Nevada Gold Rail LLC's proposal to build approximately 55.7 miles of new railroad in Eureka and Lander Counties, Nevada, while waiving certain environmental review requirements under recent regulatory changes. Fifty-five miles of new mainline construction. In 2026. That sentence alone should command attention. The project serves mining operations in central Nevada—gold, presumably, given the corporate name and the geography—and represents the kind of commodity-driven rail investment that built the original western network. The streamlined permitting is notable because it signals a Board willing to use its recently expanded authority to accelerate new construction. Environmental waivers in sparsely populated high-desert terrain are defensible on their merits; the question is whether the precedent extends to more contested geographies in future proceedings. For short line operators and regional contractors, this is a project worth watching. Fifty-five miles of new track means ties, rail, ballast, signals, and rolling stock—a supply chain that touches every corner of the railroad industrial base. The operating model matters too: will Nevada Gold Rail operate its own trains, or will it function as a terminal railroad handing off to a Class I? The construction proceeding will answer that. But the Board's willingness to move quickly is the headline.
■ SAFETY
FRA Training Rule Gets a Final Codification—Quietly, While Everyone Watches the Merger
While the industry's attention was fixed on the UP-NS proceeding, FRA published a final rule amending its Training, Qualification, and Oversight requirements for safety-related railroad employees. The rule codifies existing agency guidance and clarifies requirements that have been enforced through interpretation letters and compliance guidance for years. This is not a new regulatory burden. It is the conversion of soft law into hard law—guidance documents becoming enforceable regulatory text. The distinction matters because guidance can be withdrawn by a future administration with a memo; codified regulation requires notice-and-comment rulemaking to undo. In practical terms, railroads that have been following the guidance will see little operational change. Railroads that have been interpreting the guidance creatively—and there are always a few—now face a clearer enforcement baseline. The rule affects every craft: engineers, conductors, signal maintainers, track workers, dispatchers. Training program documentation, qualification records, and oversight protocols all get tightened language. For short lines with lean compliance staffs, this is the kind of rule that creates administrative burden disproportionate to the safety benefit, because the requirement applies uniformly regardless of operation size. The large carriers will absorb it through existing compliance departments. The 400-mile short line with two people in the office will feel it differently.
■ SAFETY
SMART-TD Raises the Cyber Alarm—and the Question Nobody Wants to Answer
SMART-TD published a pointed warning this week about Iranian cyberattacks targeting American transportation systems, arguing that increasing automation is expanding the attack surface and that transportation workers—human beings in the loop—remain the strongest defense against system compromise. The union's framing is self-interested, obviously. But that does not make it wrong. Every Centralized Traffic Control system, every remote-controlled locomotive, every automated inspection platform is a node that can be compromised. The railroad industry's cybersecurity posture varies enormously by carrier. Class I operations have invested in network segmentation and intrusion detection. Short lines, in many cases, have not—because the budget isn't there and the threat has felt abstract. It is no longer abstract. TSA's cybersecurity directives for surface transportation, issued after the Colonial Pipeline attack, imposed requirements on the largest railroads but left smaller operators in a gray area. What happens when a short line's dispatching system is compromised and it controls a segment that feeds a Class I mainline? The interconnected nature of the network means that the weakest node defines the system's vulnerability. SMART-TD is correct that human operators provide a failsafe that fully automated systems cannot. Whether that argument survives the cost calculus of precision scheduled railroading is the question the industry has been avoiding for a decade.
■ CAPITAL
Washington Union Station Gets $466 Million and a Reset—DOT Scraps Prior Expansion Plans
The U.S. Department of Transportation announced $465.8 million for the overhaul of Washington Union Station, covering structural repairs and passenger concourse enhancements. More significant than the dollar figure: DOT indicated it will scrap existing expansion plans and announce a new approach. That last sentence is doing the heavy lifting. The previous expansion concept—a massive underground concourse with dramatically increased platform capacity—had grown into a multi-billion-dollar endeavor with no clear funding path and a timeline that stretched past 2040. Scrapping it acknowledges what anyone who has walked through the station's train hall already knows: the building needs structural investment now, not visionary architecture later. The $466 million addresses deferred maintenance on a building that serves as Amtrak's second-busiest station and the southern terminus of the Northeast Corridor. Foundation work, fire suppression, platform rehabilitation—the unsexy infrastructure that keeps a 117-year-old Beaux-Arts monument from becoming a liability. For Amtrak and commuter operators VRE and MARC, the question is phasing. Union Station cannot close. Construction must occur around live operations serving tens of thousands of daily passengers. That is a logistics problem as much as an engineering problem, and the operational disruption will be measured in years, not months.
■ REGULATORY
STB Launches a Data Modernization Push That Could Change How Shippers Build Rate Cases
The Board announced a data modernization initiative that streamlines and strengthens its collection programs while launching a beta public data portal. On the surface, this is an IT project. Underneath, it is a potential shift in the information asymmetry that has defined railroad regulation for decades. Rate reasonableness cases before the STB have historically required shippers to reconstruct carrier cost data from public filings that are incomplete, delayed, and formatted for regulatory compliance rather than analytical utility. A modernized data portal with automated collection changes that dynamic. If shippers and their consultants can access carrier operational and financial data in near-real-time, structured formats, the cost of bringing a rate case drops substantially—and the number of cases rises. Carriers understand this. The railroad industry has historically preferred opacity in its regulatory data, not because it has anything to hide but because information friction serves the incumbent. More accessible data means more informed shippers, more credible competitive analyses, and a Board that can move from reactive adjudication to proactive oversight. Whether the beta portal delivers on that promise depends entirely on what data fields it contains, how current the data is, and whether the carriers cooperate with enhanced reporting requirements. The announcement is aspirational. The implementation will be political.
■ SAFETY
Rail Safety Bill Gets Presidential Endorsement—via Social Media
President Trump endorsed the Railway Safety Act through a post on TRUTH Social, providing what SMART-TD characterized as critical momentum to advance the legislation through the House Transportation Committee and toward floor votes in both chambers. The bill's lineage traces to the East Palestine derailment in February 2023, and its journey since then has been a case study in how catastrophic events generate legislative energy that slowly dissipates against industry opposition and congressional calendar constraints. A presidential endorsement—even one delivered through social media rather than a formal signing statement—changes the political math. Committee chairs who were content to let the bill languish now face the complication of opposing a measure their own president supports. The bill's core provisions—enhanced defect detection requirements, increased fines for safety violations, expanded hazmat notification protocols—are operationally manageable for the Class I carriers, which is precisely why the industry's opposition has focused on cost rather than feasibility. What matters for the field is whether the endorsement translates to a floor vote before the congressional session loses momentum to midterm positioning. Endorsements are weather. Enacted law is climate. The two are related but not identical.
■ GENERAL
Shipper Opposition to UP-NS Merger Is Organized, Funded, and Growing More Specific
Shipper groups and the Stop the Rail Merger Coalition issued detailed responses praising the STB's decision to freeze the UP-NS merger review, and the language they used reveals how far the opposition has matured since the application was first filed. Early objections were broad—competition concerns, market concentration, service degradation fears. The current round is surgical. Shippers are identifying specific origin-destination pairs where the merged carrier would be the sole rail option, specific commodity lanes where rate increases would be unconstrained by competition, and specific terminal complexes where operational integration would degrade service during a transition period measured in years, not months. BLET's involvement through the Coalition adds a labor dimension that complicates the carriers' narrative. When shippers and workers agree that a merger is bad for both customers and employees, the political coalition opposing it becomes formidable. The Applicants' July 27 supplemental filing will need to address these specific objections with specific remedies—not the generalized promises of improved service and competitive access that characterized the original application. The Board's abeyance order suggests it found those promises insufficient. This could get interesting.
■ MARKET
L.B. Foster Reshuffles Its Executive Suite—Watch What It Signals About Rail Infrastructure Spending
L.B. Foster, the Pittsburgh-based supplier of rail products, trackwork, and infrastructure technology, announced a reorganization of its executive officer ranks. Personnel moves at a mid-cap supplier rarely make headlines, but Foster occupies a position in the rail supply chain that makes its strategic direction a useful leading indicator. The company straddles the boundary between traditional rail products—concrete ties, rail joints, friction management systems—and the technology layer that Class I carriers increasingly demand from their supply base. How Foster organizes its leadership tells you where it sees margin and growth. If the new structure elevates technology and services over legacy product lines, it confirms a trend visible across the supplier ecosystem: the physical railroad is commoditized, but the data and analytics wrapped around it carry premium pricing. For short lines that depend on Foster for bread-and-butter track materials, the question is whether a strategic pivot toward technology and Class I relationships erodes the company's attention to the smaller accounts. Supplier consolidation has already reduced options for short line purchasing departments. Every time a mid-tier supplier restructures around its highest-margin customers, the short line buyer loses negotiating leverage and, eventually, product availability. The executive appointments are corporate housekeeping. The strategic direction they reflect is not.
Section VI

Field Notes From The Edge

■ Field Notes From The Edge

The line is old. Mothers said it to daughters in railroad towns since the steam era. Part I came from the homefront — the cost the craft exacts on the people who wait. Part II runs the other rail: both sides of the track now, the devotion and the toll carried by the railroader and the household alike. What the line asks has not changed.

Section VII

The Docket

■ The Docket

FD 36873 — The Board Demands the Work

The Surface Transportation Board accepted the revised Union Pacific–Norfolk Southern application for consideration on May 28 — and in the same unanimous decision held the entire proceeding in abeyance, environmental review included, ordering the applicants to return with supplemental information by July 27. Complete enough to consider. Not developed enough to evaluate. The Board's own language: several aspects remain unclear or underdeveloped.

The supplementation list is long and operational. Enhanced competition. Market-share projections. Service assurance. Car supply. Downstream effects on every other railroad. Passenger rail operations. Impacts on shippers and communities. The Board did not ask for more financial modeling. It asked for the substance the modeling rests on — and it declined to set a procedural schedule that would burden commenting parties before the applicants fill the gaps. Discovery continues during the pause. The Environmental Impact Statement, once the case leaves abeyance, will carry at least twelve in-person public meetings and several virtual sessions.

The market read it plainly. Norfolk Southern closed down nearly five percent on the day, the pause taken as a lengthening of the timeline and a rise in deal risk. The Wall Street Journal called it imperiling the schedule of the transaction. The financial press read it correctly.

The bystanders are no longer standing by. BNSF, the carrier with the most to lose from a transcontinental competitor, issued a statement endorsing the Board's caution outright — noting the decision "highlights the significant gaps that still exist" on competition, shipper access, service assurance, and downstream effects. And the opposition is widening into a coalition of record: Mississippi DOT and the North Texas Commission both filed notices of intent to participate on the day of the ruling, joining the six-state attorneys-general bloc that wrote the Board this week to say the market-share data they need is buried in appendices.

The Board would not rule on a good story. It demanded the work. Whether the applicants can supply by July 27 what the filing has so far only asserted — that is the next reading, and the field will be watching the territory, not the timeline.

Section VIII

From the Ballast Line

■ From the Ballast Line

Cemetery Road crossing, just up the hill west of night-quieted Davenport. The train stopped and secured, cut away, I'd left the rig and come up to help tend the mule team — crankcase oil in two of the three, governor oil, compressor oil topped off, sand in the leader. BB monitored the stick while we eyeballed the other levels. Bantam, sharp as a thumbtack, spry, that cold January night in 2021 eighty-one years old and ever forestalling his retirement. BB is the kind of engineer who has beaten a grade so many times he knows the win in his gut before the science confirms it.

Eastern Washington was a mess of miserable that night — relentless gale-force winds swirling a deluge of drizzle, the usual dust turned to a quagmire that oozed around my Keen boots and permeated my gloves and drenched my exposed face. In the thick of it, cold and getting colder minute by minute, I asked myself what I was doing out there. Why I like doing this when I could be at a desk in a warm cubicle, some arse-sitting, paper-shuffling, "Yes, Boss" job. But acute vigilance is paramount in that environment. A slip of mind or foot can cost you a limb or your life. I shit you not.

It's a lifestyle, not a job. You'll hear seasoned Rails muse it, and it's a brotherhood that friends and family find hard to reconcile. The pay is blue-collar good and the attrition climbs anyway, because the line asks more than a wage can answer for. No fun and games out here. But immeasurably compensated all the same — priceless, in my book at least, even as costly as it has been on the body, the mind, the will.

Section IX

On the Labor Front

■ On the Labor Front
BLET
BLET Division 98 in Lincoln, Nebraska gathered on May 13 to honor the late Local Chairman Vern Gordon, who passed away unexpectedly in July 2025 after years of service on the BNSF/MRL General Committee of Adjustment. The tributes from members who worked alongside him—not above him—tell you everything about the kind of officer the craft needs and keeps losing.
SMART-TD
Local Chairman John Lynch of SMART-TD Local 1494 in Chicago has retired after 32 years of railroad service and decades of union leadership. Thirty-two years means he started before PSR, before PTC, before two-person crew debates—he saw the entire transformation of Class I operations from the cab and the union hall.
SMART-TD
BNSF engineer and SMART-TD member Richie Hazlewood of Local 771 in Needles, California, was killed in a motorcycle accident on May 21 after more than 30 years of service. The Transcon lost a veteran hand, and the craft lost a brother. Rest well.
Section X

Regulatory Wire

■ Regulatory Wire
FRA
Amtrak has petitioned FRA for an extension of its waiver from ECP brake system requirements on passenger equipment—a request that effectively acknowledges the technology remains impractical for passenger operations as currently configured. The waiver has been renewed before; the underlying regulatory mandate remains on the books, unenforced and increasingly theoretical.
FRA
The Housatonic Railroad has petitioned FRA for extension of its hours-of-service waiver, a relief mechanism that short lines depend on because federal HOS rules were written for Class I crew management systems, not for a railroad where the same person may perform multiple safety-critical functions in a single shift. The waiver process itself is the workaround for a regulatory framework that does not scale down gracefully.
PHMSA
PHMSA published its periodic notice of actions on hazardous materials special permits—grants and denials that govern how specific shippers and carriers handle regulated commodities that move by rail. The details matter most to the compliance officers who file the applications, but the aggregate trend in special permit activity is a proxy for how much hazmat volume the regulatory system is processing.
Section XI

Equipment & Fleet

■ Equipment & Fleet
LOCOMOTIVE
Northern Central Railway of York has petitioned FRA for an amendment to its safety glazing waiver on a locomotive—the kind of request that only a heritage or tourist operation files, because no Class I carrier would seek relief from glazing standards on active road power. These waivers keep historic equipment in service, but they also reveal how prescriptive FRA's locomotive standards are when applied to operations that look nothing like a coal train on the Allegheny grade.
LOCOMOTIVE
MBTA has requested FRA approval to begin field testing of Interoperable Train Control PTC on its North Side Fitchburg and Haverhill Lines using CSX locomotives—a test that matters because interoperability between commuter and freight PTC systems remains the hardest unsolved integration problem in the national PTC deployment. If CSX power can operate seamlessly on MBTA-hosted territory, it validates the interoperability framework. If it can't, the workarounds will be instructive.
RAILCAR
Durbin & Greenbrier Valley Railroad has petitioned FRA for continued relief from certain railcar stenciling requirements—a compliance matter that seems trivial until you consider that stenciling regulations govern the information emergency responders use to identify car contents during a derailment. The waiver exists because DGVR's fleet includes equipment where full compliance would require repainting cars that are otherwise mechanically sound, a cost that small operators cannot always justify.
Section XII

Career Opportunities

■ Career Opportunities on the Property
Genesee & Wyoming Inc. • Jacksonville, FL
via Genesee & Wyoming
OmniTRAX • Denver, CO
via OmniTRAX
Iowa Interstate Railroad • Chicago, IL
via Iowa Interstate Railroad
Amtrak • Philadelphia, PA
via Amtrak
July 27 is sixty days out. That's when UP and NS must file supplemental information that either rescues this merger application or confirms what the abeyance order already suggests. Between now and then, watch the short line operators and regional shippers who will be filing their own analyses of what a two-carrier West looks like. The field always knows before Washington does.
Section XIII

Railroading Quote

■ Railroading Quote of the Week
What we fear doing most is usually what we most need to do.
— Tim Ferriss
Author
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