Surface Transportation Board Issues Guidance on Participation in Economic & Environmental...

Surface Transportation Board Issues Guidance on Participation in Economic &
Environmental Analyses of the Proposed Canadian National Railway Acquisition
of Elgin, Joliet & Eastern Railway

WASHINGTON, Jan. 15 /PRNewswire/ -- In response to inquiries from the
public, The Surface Transportation Board (Board) is providing additional
guidance on how to participate in the economic and environmental analyses of
the proposed acquisition of the Elgin, Joliet & Eastern Railway Company by
Canadian National Railway Corporation and Grand Trunk Corporation.
The Board will review the proposed transaction through two parallel but
distinct processes: (1) a process that examines the competitive,
transportation, and economic implications of the acquisition on the national
rail system, and (2) a process conducted by the Board's Section of
Environmental Analysis (SEA) that assesses the potential environmental effects
of the proposed acquisition on the human and natural environment through
preparation of an Environmental Impact Statement (EIS). Interested persons may
participate in either, or both, processes, but if interests are focused on
potential impacts on communities, including grade crossing safety, air
emissions, emergency vehicle access, noise, vibration, and other similar
environmental issues, then the appropriate forum is SEA's environmental review
process.
Environmental review process. SEA's environmental review process is
intended to assist the Board and the public in identifying, assessing, and if
appropriate, mitigating, the potential environmental consequences of a
proposed action before a decision on the proposed action is made. The
environmental review process includes the following steps:
Notice of Intent. The Board will publish in the Federal Register, likely
in late December 2007, a Notice of Intent to prepare an EIS. The NOI also will
be mailed to all parties on the environmental distribution list, which
includes anyone who has sent the Board a letter on the proposed CN-EJE
transaction, and will be posted on our Web site. The NOI will also include
information about the next phase of the environmental review process, known as
"scoping."
Scoping. Scoping is an open process for determining the breadth of
environmental issues to be addressed in the EIS. The scoping process will
include a number of open house meetings to be held in mid to late January in
the project area, at which members of the public will have the opportunity to
discuss their interests and concerns with SEA staff.
Members of the public can also submit written comments to SEA at this
stage of the process.
Draft EIS. Following scoping, SEA will prepare a Draft EIS (DEIS) and will
distribute it widely for public review and comment. Once the DEIS is released,
the public will have at least 45 days to submit comments.
During the public comment period, additional public meetings may be held.
If members of the public are unable to travel to meetings, they may send in
written comments at any time during the comment period. Both oral and written
comments will be given equal attention.
Final EIS. SEA will then prepare a Final EIS (FEIS) that considers
comments on the DEIS and makes final recommendations to the Board. In reaching
its decision whether to approve the transaction, deny it, or approve it with
mitigating conditions, the Board will take into account the DEIS, the FEIS,
and all the environmental comments (both oral and written) that are received.
Review of competitive and economic issues. Filings addressing the
competitive and economic aspects of the proposed transaction must be filed
with the Board in Finance Docket No. 35087 in accordance with the schedule
outlined in Decision No. 2, available on the Board's Web site as indicated
below. Any person who wishes to participate in this aspect of the Board's
review process as a Party of Record (POR) must file a notice of intent to
participate by December 13, 2007. (POR is a legal status requiring formal
service of all submissions on all other PORs. There is no need to become a POR
to participate actively in the environmental review process.) All economic and
competition-related comments, protests, requests for conditions, and any other
evidence and argument in opposition to the transaction must be filed by
January 28, 2008. Parties will then be given the opportunity to file responses
and rebuttal in support of the transaction by March 13, 2008. If a public
hearing or oral argument is held, it will be held on a date determined by the
Board.
Following completion of both the economic/competitive review process and
the EIS process, the Board will issue a final decision approving the
transaction, denying it, or approving it with mitigation conditions.
For further information on deadlines and dates, please see the Board's
decision in Canadian National Ry. and Grand Trunk Corp.-Control-EJ&E West Co.,
STB Finance Docket No. 35087
(www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/38540?OpenDocument),
which is available for viewing and downloading on the agency's Web site at
http://www.stb.dot.gov under "E-Library," then under "Decisions & Notices,"
beneath the date "11/26/07." Printed copies of the Board decision also are
available for a fee by contacting ASAP Document Solutions, 9332 Annapolis Rd.,
Suite 103, Lanham, MD 20706, telephone (202) 306-4004, or via
asapdc@verizon.net.
SOURCE Surface Transportation Board

John Foyer, +1-312-546-3523, jfoyer@mww.com, for Surface Transportation Board;
or Victoria Rytson of Surface Transportation Board, +1-202-245-0295,
rytsonv@stb.dot.gov