Federal Executive Branch
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Surface Transportation Board Issues Decision Involving 4 Companies
WASHINGTON, May 29 -- The U.S. Department of Transportation Surface Transportation Board issued the following order (Docket No. FD 36873) entitled "Union Pacific Corp. and Union Pacific Railroad Co. - Control - Norfolk Southern Corp. and Norfolk Southern Railway Co.":
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ORDER SETTING DISCOVERY CONFERENCE FOR FRIDAY, JUNE 12, 2026, AT 9:00 A.M. CENTRAL TIME
This discovery matter is before the undersigned pursuant to a ruling by the Surface Transportation Board. See Decision (Aug. 28, 2025).
On April 30, 2026, Union Pacific Corporation (UPC) and Union Pacific Railroad Company (UP) (collectively,
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WASHINGTON, May 29 -- The U.S. Department of Transportation Surface Transportation Board issued the following order (Docket No. FD 36873) entitled "Union Pacific Corp. and Union Pacific Railroad Co. - Control - Norfolk Southern Corp. and Norfolk Southern Railway Co.":
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ORDER SETTING DISCOVERY CONFERENCE FOR FRIDAY, JUNE 12, 2026, AT 9:00 A.M. CENTRAL TIME
This discovery matter is before the undersigned pursuant to a ruling by the Surface Transportation Board. See Decision (Aug. 28, 2025).
On April 30, 2026, Union Pacific Corporation (UPC) and Union Pacific Railroad Company (UP) (collectively,Union Pacific) and Norfolk Southern Corporation (NSC) and Norfolk Southern Railway Company (NS) (collectively, Norfolk Southern) (Union Pacific and Norfolk Southern collectively, Applicants) filed a Revised Application with the Board. The proposed Transaction seeks Board approval under 49 U.S.C. Sec.Sec. 11323-11325 for (i) the acquisition of control by UPC of NSC, and through NSC of NS and NS's rail carrier subsidiaries, and (ii) the resulting common control by UPC of UP and NS and the consolidation of the rail operations of UP and NS. (Rev. Appl. 1-12.)
The Board accepted the Revised Application as complete on May 28, 2026. See Union Pac. Corp.--Control--Norfolk S. Corp. (Dec. No. 21), FD 36873 et al., slip op. at 11-17 (STB served May 28, 2026). While the Board found the Revised Application complete, the Board stated that "[b]ased on the Board's initial assessment, the Board concludes that information in the Revised Application lacks clarity and detail and does not yet afford parties a meaningful opportunity to comment on the merits of the Transaction. And the Board's own review of the Transaction's consistency with the public interest, including its consideration of the contours of potential conditions, would suffer." Id. at 18. The Board required Applicants to supplement their Revised Application with information detailed in the Board's decision. Id. at 19.
The Board also held the proceedings in abeyance; however, it expressly permitted discovery to continue and set its expectations:
Abeyance of the proceedings does not affect discovery, including in proceedings before the ALJ. See Decision No. 17, FD 36873 et al. Continued discovery is essential to developing a record that allows for full consideration of this unprecedented proposed Transaction, and the Board is troubled by comments highlighting Applicants' purported unwillingness to engage in discovery. (See, e.g., BNSF Comments 8, May 8, 2026; CPKC Comments 19, May 8, 2026.) However, while disputes remain to be addressed by the ALJ, Applicants have expressed interest in entering discovery guidelines to "ensure that discovery proceeds smoothly and disputes are resolved efficiently," and the Board expects that Applicants and other parties will adhere to any discovery guidelines imposed and expeditiously respond to discovery requests. (Applicants Mot. to Enter Prop. Discovery Guidelines 1, May 4, 2026.)
Id. at 19 (emphasis added).
The Surface Transportation Board regulations provide for broad discovery. These regulations provide that "[p]arties may obtain discovery under this subpart regarding any matter, not privileged, which is relevant to the subject matter involved in a proceeding." 49 C.F.R. Sec. 1114.21(a)(1). The Board has recognized that this regulation allows for broad discovery. See Canadian Pac. Ry.--Control--Kan. City S. (Decision No. 7), FD 36500, slip op. at 4 (Aug. 2, 2021) (acknowledging authority to seek material relevant to subject matter of proceeding under 49 C.F.R. Sec. 1114.21 and interpreting scope of relevance in discovery "[b]roadly"). An order may be entered for good cause and which justice requires, to protect from "annoyance, embarrassment, oppression, or undue burden or expense, or to prevent the raising of the issues untimely or inappropriate to the proceeding." 49 C.F.R. Sec. 1114.21(c). Protective orders may include that discovery not be had or that discovery be had only on specified conditions. 49 C.F.R. Sec. 1114.21(c)(1)-(2).
Applicants requested a discovery conference by letter, dated May 13, 2026. On May 14, 2026, BNSF Railway Company (BNSF) joined Applicants' request. Canadian Pacific Railway Company and CSXT Transportation, Inc., joined the request through their own letters, dated May 15, 2026. By its letter, dated May 27, 2026, BNSF also requested that its Second Motion to Compel be heard at the discovery conference.
The ALJ agrees that a discovery conference will expedite and streamline the discovery process. To ensure that the discovery conference itself is efficient, the ALJ sets the following requirements.
Replies to any pending discovery motions shall be filed by the ordered deadline.
In advance of the discovery conference, counsel must send a letter to the ALJ by the ordered deadline.
At the discovery conference, regarding Applicants' Motion to Enter Proposed Discovery Guidelines, please be prepared to discuss whether:
a) any changes might be warranted for requested non-party discovery pursuant to 49 U.S.C. Sec. 1321,/1 and
b) Applicants' request to limit the number of discovery requests to 50 written discovery requests is warranted considering the number of issues, including those properly regarding the Transaction's merits, outlined by the Board's Decision No. 21, 11-17 (served May 28, 2026). If the Board stated that the matter is one for the merits, then generally, the issue is subject to discovery. See 49 C.F.R. Sec. 1114.21(a)(1).
It is ordered:
1. Applicants' request for a discovery conference is granted.
2. BNSF's request to hear its Second Motion to Compel at the discovery conference is also granted. Counsel must list BNSF's Second Motion to Compel among the issues to be heard in their letter to the ALJ before the discovery conference.
3. All replies to any pending discovery motions (and only discovery motions) are due on or before Tuesday, June 9, 2026, at 5:00 p.m. Central Time.
4. Counsel must send a letter to the ALJ (preferably jointly) with a brief description of the issues to be resolved and a list of who will attend for each party, on or before Tuesday, June 9, 2026, at 5:00 p.m. Central Time.
5. A discovery conference is scheduled for Friday, June 12, 2026, at 9:00 a.m. Central Time (10 a.m. Eastern Time). Conference information will be sent before that time.
6. This decision is effective on the date of service.
By the Board, Jenifer J. Soulikias, Administrative Law Judge.
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Footnote:
1/ This section was previously found at 49 U.S.C. Sec. 721 but renumbered in 2015. See Pub. L. 114-110.
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Original text here: https://dcms-external.s3.amazonaws.com/DCMS_External_PROD/1779990366185/53082.pdf
CPSC Issues Recall Alert Involving VL2020 Lithium Coin Batteries
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: VL2020 Lithium Coin Batteries
Hazard: The recalled coin batteries are not in child-resistant packaging and do not bear the warning labels required under Reese's Law. When button cell or coin batteries are swallowed, the ingested batteries can cause serious injuries, internal chemical burns, and death.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 8,000
Consumer Contact: Proudly American Store by email at proudlyamericanstorerecall@gmail.com.
Recall Details
Description:
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: VL2020 Lithium Coin Batteries
Hazard: The recalled coin batteries are not in child-resistant packaging and do not bear the warning labels required under Reese's Law. When button cell or coin batteries are swallowed, the ingested batteries can cause serious injuries, internal chemical burns, and death.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 8,000
Consumer Contact: Proudly American Store by email at proudlyamericanstorerecall@gmail.com.
Recall Details
Description:This recall involves Panasonic-branded lithium coin batteries. The three-volt silver batteries were sold in clear plastic bags with one or two batteries. The brand name and "VL2020" are embossed on the battery. Panasonic is not alleged to have engaged in any wrongdoing.
Remedy: Consumers should stop using the coin batteries immediately, place them in an area that children cannot access and contact Proudly American Store for a full refund. Consumers will be asked to dispose of the batteries according to local hazardous waste guidelines.
Note: Button cell batteries are hazardous. Batteries should be disposed of or recycled by following local hazardous waste procedures.
Incidents/Injuries: None reported
Sold Online At: Amazon.com from May 2025 through February 2026 for about $11.
Importer(s): Proudly American Store, of Canada
Manufactured In: Indonesia
Recall number: 26-510
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Original text here: https://www.cpsc.gov/Recalls/2026/Lithium-Coin-Batteries-Recalled-Due-to-Battery-Ingestion-Violates-Federal-Statute-for-Child-Resistant-Packaging-of-Coin-Batteries-Imported-by-Proudly-American-Store-of-Canada
CPSC Issues Recall Alert Involving SLF Sauna Blankets
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: SLF Sauna Blankets
Hazard: The recalled sauna blankets can overheat, posing fire and burn hazards.
Remedy: Replace
Recall Date: May 28, 2026
Units: About 3,600
Consumer Contact: Tzumi Electronics at 866-363-2237 from 9 a.m. to 5 p.m. ET, Monday through Friday, by email at saunablanketrecall@tzumi.com, or online at www.tzumi.com/recalls.
Recall Details
Description: This recall involves SLF Sauna Blankets, model number 30065TAR with serial number WF2236430065. The sauna
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: SLF Sauna Blankets
Hazard: The recalled sauna blankets can overheat, posing fire and burn hazards.
Remedy: Replace
Recall Date: May 28, 2026
Units: About 3,600
Consumer Contact: Tzumi Electronics at 866-363-2237 from 9 a.m. to 5 p.m. ET, Monday through Friday, by email at saunablanketrecall@tzumi.com, or online at www.tzumi.com/recalls.
Recall Details
Description: This recall involves SLF Sauna Blankets, model number 30065TAR with serial number WF2236430065. The saunablankets were sold in one size, measuring 70 inches long by 31 inches wide. The sauna blankets are black with white accent handles and were sold with a control panel and wireless remote to adjust the time and temperature.
Remedy: Consumers should stop using the recalled Sauna Blankets immediately and contact Tzumi Electronics for a replacement. Consumers should visit www.tzumi.com/recalls to confirm eligibility. If confirmed, unplug the sauna blanket, cut the power cord, write "Recalled" on the sauna blanket controller and submit photos showing the serial number and "Recalled" marking per the instructions at www.tzumi.com/recalls.
Incidents/Injuries: Tzumi Electronics has received six reports of the products overheating, including five reports of minor property damage to furniture.
Sold At: In-store at Target, Macy's, and Snappy and online at Target.com from February 2025 through February 2026 for about $130.
Importer(s): Tzumi Electronics of New York, New York
Manufactured In: China
Recall number: 26-511
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Original text here: https://www.cpsc.gov/Recalls/2026/Tzumi-Electronics-Recalls-SLF-Sauna-Blankets-Due-to-Fire-and-Burn-Hazards
CPSC Issues Recall Alert Involving Misco Sports Light-Up Racket Sets, Model MT2287
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Misco Sports Light-Up Racket Sets, model MT2287
Hazard: The racket sets violate the mandatory standard for toys because the screw on the racket used to secure the battery compartment does not remain attached when opened, and the button cell batteries in the shuttlecock can be easily accessed by children. If button cell or coin batteries are swallowed, the ingested batteries can cause serious injuries, including internal chemical burns, and death.
Remedy: Refund
Recall Date:
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Misco Sports Light-Up Racket Sets, model MT2287
Hazard: The racket sets violate the mandatory standard for toys because the screw on the racket used to secure the battery compartment does not remain attached when opened, and the button cell batteries in the shuttlecock can be easily accessed by children. If button cell or coin batteries are swallowed, the ingested batteries can cause serious injuries, including internal chemical burns, and death.
Remedy: Refund
Recall Date:May 28, 2026
Units: About 2,016
Consumer Contact: Missry Associates at 800-336-4726 from 9 a.m. to 5p.m. ET Monday through Friday, by email at toys@misco.us or online at https://miscotoys.com/#recall or https://miscotoys.com and click on "RECALL" at the top of the page for more information.
Recall Details
Description: This recall involves the Misco Sports Light-Up Racket Set, model MT2287. The set includes two black rackets, one ball and one shuttlecock. "MT2287" and "100125" are printed on the racket handle in white letters.
Remedy: Consumers should stop using the racket set immediately, take the shuttlecock away from children and contact Missry Associates for a full refund. Consumers will be asked to dispose of the racket set with the shuttlecock in the trash and send a photo of the set in the trash to toys@misco.us.
Note: Button cell batteries are hazardous. Batteries should be disposed of or recycled by following local hazardous waste procedures.
Incidents/Injuries: None reported
Sold At: TJ Maxx and Marshalls stores nationwide from February 2026 through March 2026 for about $10.
Importer(s): Missry Associates, Inc., doing business as and Misco Enterprises, of Edison, New Jersey
Manufactured In: China
Recall number: 26-514
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Original text here: https://www.cpsc.gov/Recalls/2026/Missry-Associates-Recalls-Misco-Sports-Light-Up-Racket-Sets-Due-to-Risk-of-Serious-Injury-or-Death-from-Battery-Ingestion-Violate-Mandatory-Standard-for-Toys
CPSC Issues Recall Alert Involving MiniWarGaming and Primal Horizon Disc Magnets
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: MiniWarGaming and Primal Horizon Disc Magnets
Hazard: The magnets violate the mandatory safety standard for magnets because the high-powered magnets fit within CPSC's small parts cylinder and are stronger than permitted, posing a deadly ingestion hazard to children. When high-powered magnets are swallowed, the ingested magnets can attract each other, or other metal objects, and become lodged in the digestive system. This can result in perforations, twisting, and/or blockage
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: MiniWarGaming and Primal Horizon Disc Magnets
Hazard: The magnets violate the mandatory safety standard for magnets because the high-powered magnets fit within CPSC's small parts cylinder and are stronger than permitted, posing a deadly ingestion hazard to children. When high-powered magnets are swallowed, the ingested magnets can attract each other, or other metal objects, and become lodged in the digestive system. This can result in perforations, twisting, and/or blockageof the intestines, blood poisoning and death.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 22,624
Consumer Contact: MiniWarGaming at 888-561-6860 from 9 a.m. to 5 p.m. ET Monday through Friday, email at support@miniwargaming.com, or online at https://forge.miniwargaming.com/pages/recalls or https://forge.miniwargaming.com/ and click "Recall" at the top of the page for more information.
Recall Details
Description: This recall involves MiniWarGaming and Primal Horizon Disc Magnets with the product codes listed in the chart below. The disc magnets are silver and measure between 1/16" to 1/2" wide by 1/32" to 3/32" high. The Primal Horizon disc magnets were sold in clamshells and have the size and quantity printed on the front of the package and the product code printed on the back of the package. The MiniWarGaming disc magnets were sold in plastic bags and clamshells with no markings. [View table in the link at bottom.]
Remedy: Consumers should stop using the magnets immediately and contact MiniWarGaming for instructions on how to obtain a prepaid shipping label and return the products for a full refund.
Incidents/Injuries: None reported
Sold At: Independent hobby/game shops nationwide and online at Forge.miniwargaming.com and Amazon.com from October 2022 through January 2026 for about $15.
Importer(s): MiniWarGaming Inc., doing business as MiniWarGaming Forge and Primal Horizon, of Ontario, Canada
Manufactured In: China
Recall number: 26-508
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Original text here: https://www.cpsc.gov/Recalls/2026/MiniWarGaming-and-Primal-Horizon-Disc-Magnets-Recalled-Due-to-Risk-of-Serious-Injury-or-Death-from-Ingestion-Violate-Mandatory-Standard-for-Magnets-Imported-by-MiniWarGaming
CPSC Issues Recall Alert Involving Giantex Outdoor Lounge Chairs
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Giantex outdoor lounge chairs
Hazard: Consumers can place their fingers in a pinch point when adjusting the lounge chair, posing an amputation risk.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 1,155
Consumer Contact: Giantex toll-free at 844-242-1885 anytime, email at support@giantex.com, or online at https://www.giantex.com/pages/product-recall-notice, or https://www.giantex.com/ and click on "RECALL INFORMATION" at the top of the page for more information.
Recall
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Giantex outdoor lounge chairs
Hazard: Consumers can place their fingers in a pinch point when adjusting the lounge chair, posing an amputation risk.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 1,155
Consumer Contact: Giantex toll-free at 844-242-1885 anytime, email at support@giantex.com, or online at https://www.giantex.com/pages/product-recall-notice, or https://www.giantex.com/ and click on "RECALL INFORMATION" at the top of the page for more information.
RecallDetails
Description: This recall involves Giantex outdoor lounge chairs with model number NP10025NY. The recalled lounge chairs are blue and measure 76-inches long, by 23-inches wide, by 13-inches high. They have a five-position adjustable locking system and the backrest height can be adjusted from 13.5 inches to 26.5 inches. Model number NP10025NY is printed on the front and side of the product packaging.
Remedy: Consumers should stop using the recalled lounge chairs immediately and contact Giantex for a full refund. Consumers will be instructed to either request a prepaid return package or will be asked to destroy the recalled lounge chair by detaching the headrest pillow, cutting the fabric, and providing photographic proof of destruction.
Incidents/Injuries: Giantex has received one report of a consumer's finger being amputated while adjusting the lounge chair.
Sold At: Giantex.com and Amazon.com from August 2023 through October 2025 for between $75 and $90.
Distributor(s): Giantex Inc., of Ontario, California
Manufactured In: China
Recall number: 26-512
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Original text here: https://www.cpsc.gov/Recalls/2026/Giantex-Recalls-Lounge-Chairs-Due-to-Amputation-Hazard
CPSC Issues Recall Alert Involving Giantex & Costway 2-liter and 3-liter Portable Steam Saunas
WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Giantex and Costway 2-liter and 3-liter Portable Steam Saunas
Hazard: The sauna's steam diffuser can be positioned too close to a consumer's body, allowing hot steam to come in contact with user, posing a burn hazard.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 1,000
Consumer Contact: Giantex toll-free at 844-242-1885 anytime, email at support@giantex.com, or online at https://www.giantex.com/pages/product-recall-notice, or https://www.giantex.com/ and click on
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WASHINGTON, May 29 -- The Consumer Product Safety Commission issued the following recall alert:
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Name of Product: Giantex and Costway 2-liter and 3-liter Portable Steam Saunas
Hazard: The sauna's steam diffuser can be positioned too close to a consumer's body, allowing hot steam to come in contact with user, posing a burn hazard.
Remedy: Refund
Recall Date: May 28, 2026
Units: About 1,000
Consumer Contact: Giantex toll-free at 844-242-1885 anytime, email at support@giantex.com, or online at https://www.giantex.com/pages/product-recall-notice, or https://www.giantex.com/ and click on"RECALL INFORMATION" at the top of the page for more information.
Recall Details
Description: This recall involves Giantex and Costway branded portable steam saunas. The saunas were sold as part of a set that includes a folding chair, foot roller, felt mat and remote control. The portable saunas have a steam unit that connects to an enclosure via tubing. The enclosure has an opening for the user's head to remain outside the enclosure. The enclosures were sold in black, copper, beige, blue, green and pink. The name "Giantex" or "Costway" is imprinted on the front of the enclosure. The model numbers and/or SKU are printed on the item packaging. The model numbers and SKUs are: [View table in the link at bottom.]
Remedy: Consumers should stop using the portable steam sauna immediately and contact Giantex for a full refund. Consumers will be asked to destroy the recalled portable steam sauna by cutting the cord to the steam unit after unplugging and submit a photograph of the destroyed product by email to support@giantex.com or online at https://www.giantex.com/pages/product-recall-notice.
Incidents/Injuries: Giantex has received nine reports of incidents involving the recalled saunas where consumers reported burns to their extremities, and one incident of a second-degree burn.
Sold At: The recalled portable steam saunas were sold online at Amazon and Walmart from January 2023 through December 2025 for between $68 and $100.
Distributor(s): Giantex Inc., of Ontario, California
Manufactured In: China
Recall number: 26-506
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Original text here: https://www.cpsc.gov/Recalls/2026/Giantex-Recalls-Giantex-and-Costway-Portable-Steam-Saunas-Due-to-Burn-Hazard