The proposed merger between Union Pacific (UP) and Norfolk Southern (NS) is proceeding at the Surface Transportation Board (STB) and questions remain over how the merger would impact rail crossings across the country. The deadline for local governments to tell the STB that they may want to provide input on how the merger would affect their community is September 30.
Local governments have to file a “Notice of Intent to Participate” with STB in order to officially have the option to share information with the STB about what impacts the UP-NS merger would have on your community. If you do not file, you cannot participate, but filing does not mean that you have to submit anything more or that you have to support or oppose the merger. Filing by September 30 preserves your opportunity to participate as you learn more.
Cities, counties and other entities have noted the potential impact of increased freight loads and the resulting traffic and infrastructure implications. If you believe your city or community would be impacted by merging two of the nation’s remaining six large railroads, you can submit a “Notice of Intent to Participate” with the STB using the instructions below. If you need further assistance or have questions about the potential impact, contact Federal Relations Manager Molly McLoughlin.
Learn more about the impact in Georgia using the STB interactive map.
The National League of Cities is holding a webinar on Monday September 28, 12:00pm-12:45pm, for a brief tutorial on how participate. Register here.
How to Give STB Notice of Your Intent to Participate
All the information about the merger including the application which explains impacts by area is available at the STB’s landing page for the merger. If your community has rail crossings, you have the opportunity to register to participate in the process. Here’s what your city needs to know.
While most local governments are still reviewing the full merger application and environmental impact, giving notice of your participation now lets your community decide before November what your impact and level of engagement will be rather than being cut out of the process. To participate, there are three next steps to take:
- E-file Your Notice to Participate by September 30
- Serve Your Notice to Participate by September 30
- Follow the Proceedings and Prepare to Give Input by November 18
Step 1: E-file Your Notice to Participate by September 30
To provide your “Notices of Intent to Participate” (NOIP) in the STB’s process:
- Prepare your NOIP using this easy template, Notice of Intent to Participate and Certification of Service forms (PDF). If you would like a word copy emailed to you, email the NLC advocacy team.
- Go to the STB website and navigate to “Efilings” and then “Formal Filings”.
- On the Formal Filings webpage, check “Yes, I have complied with the Board’s service requirement.” (See Step 2)
- Email a copy of your Notice of Intent to Participate form (PDF) to the service list.
- Enter the Docket number for the UP-NS proposed merger: FD 36873.
- For the filing fee description, select “No Fee Required.”
- For party information, type your contact information, using your business address. Often a city attorney or an administrative contact will submit the filing on your city's behalf because the person who submits the party information will be added to the public service list which often sends email from eservice@stb.gov.
- Drop your Notice of Intent to Participate form in the attachment box and check “Public” so it will be made public as they do not include any Confidential information.
- Check the box that you understand information in the filing will be available from the Board’s website.
- Click “Submit Formal Filing.” You will receive a confirmation email from the STB.
For any questions regarding STB filings, please call 202-245-0350.
Step 2: Serve Your Notice to Participate by September 30
Steps 1 and 2 should be done together. Step 2 is to share your NOIP with the two railroads and authorities for awareness. As of August 18, only these four individuals are required to receive your Notice of Intent to Participate and Certification of Service forms (PDF) and the certificate of service by email or mail:
- Michael L. Rosenthal, representing UP
- Raymond A. Atkins, representing NS
- Sean Duffy, Secretary of Transportation, United States Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590
- Attorney General of the United States, c/o Assistant Attorney General, Antitrust Division, Room 3109, Department of Justice, Washington, DC 20530
Please note the STB provides a distribution list of all parties that have responded in the “Dockets” section using the Docket code FD 36873. You have the option to notify all other parties, but it is not required.
Step 3: Follow the Proceedings and Prepare to Give Input by November 18
Once your community has submitted notice, the name and email registered will be posted on the STB website and begin receiving notifications from STB and other Parties of Record. Your city should begin reviewing the merger application for local impact, such as through the environmental impact map.
Review the STB projected timeline for additional details, but November 18, 2026, is the projected date for when comments will be due to the STB for the revised application, including protests, requests for conditions, and any other evidence and argument in opposition. Also, the STB will likely hold a public hearing where local governments can participate and details would be provided later on how participation will work.