Canadian National Railway Company and Grand Trunk Corporation-Control-EJ&E West Company, 72819-72822 [E7-24835]
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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
—1-year response: pipe operating at a
stress level up to 72 percent of
SMYS—FPR equal to or less than 1.39
and anomalies equal to or greater than
60 percent of pipe wall thickness;
—Scheduled reponse: pipe operating at
a stress level up to 72 percent of
SMYS—FPR greater than 1.39 and
anomalies less than 60 percent of pipe
wall thickness.
(ii) Special permit inspection area:
The response time must be in
accordance with 49 CFR § 192, subpart
O, ASME B31.8S (applicable edition)
and TransCanada’s IMP.
(19) PHMSA may extend either or
both of the original special permit
segments to include contiguous
segments of pipeline up to the limits of
the special permit inspection area
pursuant to the following conditions.
TransCanada must:
(a) Provide at least 90 days advance
written notice to the Director, PHMSA
Eastern Region and PHMSA
Headquarters of a requested extension of
either or both of special permit segment
1 and special permit segment 2 based on
an actual class location change and
include a schedule of inspections and of
any anticipated remedial actions. If
PHMSA Headquarters makes a written
objection before the effective date of the
requested special permit segment (90
days from receipt of the above notice),
the requested special permit segment
extension does not become effective.
(b) Complete all inspections and
remediation of the proposed special
permit segment extension to the extent
required of the original special permit
segment.
(c) Apply all the special permit
conditions and limitations included
herein to all future extensions.
Special Permit Limitations
PHMSA has the sole authority to
make all determinations on whether
TransCanada has complied with the
specified conditions. Should
TransCanada fail to comply with any
conditions of this special permit, or
should PHMSA determine this special
permit is no longer appropriate or that
this special permit is inconsistent with
pipeline safety, PHMSA may revoke this
special permit and require TransCanada
to comply with the regulatory
requirements of 49 CFR 192.611.
mstockstill on PROD1PC66 with NOTICES
Authority: 49 U.S.C. 60118 (c)(1) and 49
CFR 1.53.
Issued in Washington, DC on December 17,
2007.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E7–24776 Filed 12–20–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35087]
Canadian National Railway Company
and Grand Trunk Corporation—
Control—EJ&E West Company
AGENCY:
Surface Transportation Board,
DOT.
Notice of Intent To Prepare an
Environmental Impact Statement (EIS);
Notice of Initiation of the Scoping
Process, Including Notice of Availability
of Draft Scope of Study for
Environmental Impact Statement;
Request for Comments on Draft Scope;
and Notice of Open-House Meetings.
ACTION:
SUMMARY: On October 30, 2007,
Canadian National Railway Corporation
(CNR) and Grand Trunk Corporation
(GTC), a noncarrier holding company
through which CNR controls its U.S. rail
subsidiaries, filed an application with
the Surface Transportation Board
(Board) seeking the Board’s approval of
the acquisition of control of EJ&E West
Company (EJ&EW), a wholly owned
noncarrier subsidiary of Elgin, Joliet and
Eastern Railway Company (EJ&E). In
this document, the action before the
Board will be referred to as the proposal
or the proposed acquisition and CNR
and GTC will be referred to collectively
as CN or as Applicants.
CN is one of Canada’s two major
railroads. It extends from Halifax, Nova
Scotia, to Vancouver and Prince Rupert,
British Columbia. EJ&E is a Class II
railroad that currently operates over 198
miles of track in northeastern Illinois
and northwestern Indiana, consisting
primarily of an arc of roughly 190 miles
around Chicago, IL, extending from
Waukegan, IL, southwards to Joliet, IL,
then eastward to Gary, IN, and then
northwest to South Chicago along Lake
Michigan. EJ&E provides rail service to
approximately 100 customers, including
steel mills, coal utilities, plastics and
chemical producers, steel processors,
distribution centers, and scrap
processors.
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Applicants’ proposed acquisition of
the EJ&E would shift rail traffic
currently moving over CN’s rail lines
inside the EJ&E arc in Chicago to the
EJ&E, which traverses the suburbs
generally to the west and south of
Chicago. Rail traffic on CNR lines inside
the EJ&E arc would generally decrease.
The decreases in rail traffic would be
offset by increases in the number of
trains operating on the EJ&E rail line
outside of Chicago (approximately 15–
27 more trains would operate on various
segments of the EJ&E). Applicants also
proposed to construct six new rail
connections and approximately 19 miles
of new sidings/double tracking.
Applicants give three primary reasons
for seeking approval of the proposed
acquisition: Improved rail operations in
the Chicago area; availability to EJ&E’s
Kirk Yard in Gary, Indiana, and other
smaller facilities in Joliet, Illinois, and
Whiting, Indiana; and improved service
to companies dealing in steel,
chemicals, and petrochemicals, as well
as Chicago area utilities.
To thoroughly assess the potential
environmental impacts that may result
from the proposed acquisition, the
Board, through its Section of
Environmental Analysis (SEA), will
prepare an Environmental Impact
Statement (EIS). The purpose of this
Notice is to give all interested persons
the opportunity to actively participate
in the forthcoming environmental
review, the first step of which is
‘‘scoping.’’ Scoping is an open process
for determining the range of issues that
should be examined and assessed in the
EIS. In addition to announcing that the
Board will prepare an EIS for this
proceeding, this Notice also announces
the availability of a draft scope of study,
requests comments on the draft scope of
study, and presents the schedule of
Open-House meetings to be held in the
project area.
Scoping
Open House meetings will be held at the
dates and locations listed below. Each
location will have an afternoon and an
evening session at the following times:
The afternoon Open House is scheduled
from 1p.m. to 4 p.m. and the evening
Open House is scheduled from 6 p.m. to
8 p.m. There is no need to attend more
than one meeting, but all are welcome
to attend as many meetings as desired.
DATES, TIMES, AND LOCATIONS:
Date
Location
January 8, 2008 ..................................................................
Crown Plaza, Salon A/C Room, 510 E. Route 83, Mundelein, IL 60060, 847–949–
5100.
Makray Memorial Golf Club, Grand Ballroom, 1010 S. NW., Highway, Barrington, IL
60010, 847–381–6500.
January 9, 2008 ..................................................................
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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
Date
Location
January 10, 2008 ................................................................
Jacob Henry Mansion, Ballroom, 15 South Richards Street, Joliet, IL 60433, 815–
722–2465.
Holiday Inn, Willow Room, 500 Holiday Plaza Drive, Matteson, IL, 708–747–3500.
Genesis Convention Center, Gary Lakes Room, One Genesis Center Plaza, Gary,
IN 46402, 219–882–5505.
St. Andrews Golf Club, St. Andrews Room, 3N441 Route 59, West Chicago, IL
60185, 630–231–3100.
Crowne Plaza Chicago-Metro, Ballroom, 733 West Madison, Chicago, IL 60661,
312–602–2106.
January 15, 2008 ................................................................
January 16, 2008 ................................................................
January 17, 2008 ................................................................
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January 22, 2008 ................................................................
The public scoping meetings will be
informal meetings in an open house
format. Interested persons may ask
questions about the proposal and the
Board’s environmental review process,
and discuss the potential environmental
effects of the proposal with SEA staff. In
keeping with the open house format of
the scoping meetings, there will be no
formal presentations made by the
agency. Rather, SEA staff members will
be available to answer questions and
receive comments individually. A court
reporter will be available for those
persons who wish to submit oral
comments. Writing stations will be
available to those who wish to submit
written comments at the Open House.
SEA staff will be available to listen and
make notes of comments. Additional
copies of the draft scope will be
available at all Open House meetings.
The meeting locations comply with
the Americans with Disabilities Act.
Persons who need special
accommodations should telephone
SEA’s toll-free number for the project at
1–800–347–0689. Please leave a
message and someone will return your
call promptly.
SEA will issue a final Scope of Study
shortly after the close of the scoping
comment period. Written comments on
the draft scope are due February 1,
2008. Directions on how to submit
comments of the draft scope are set forth
below.
Summary of the Board’s Review
Processes for this Proceeding: The Board
will review the proposed transaction
through two parallel but distinct
processes: (1) The economic process
that examines the competitive,
transportation, and economic
implications of the acquisition on the
national rail system, and (2) the
environmental process conducted by
SEA that assesses the potential
environmental effects of the proposed
acquisition on the human and natural
environment through preparation of an
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,
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emergency vehicle access, noise,
vibration, and other similar
environmental issues, then the
appropriate forum is SEA’s
environmental review process.
Environmental Review Process: The
National Environmental Policy Act
(NEPA) process is intended to assist the
Board and the public in identifying and
assessing the potential environmental
consequences of a proposed action
before a decision on that proposed
action is made. SEA is responsible for
ensuring that the Board complies with
NEPA and related environmental
statues. The first stage of the EIS process
is scoping. Scoping is an open process
for determining the scope of
environmental issues to be addressed in
the EIS and their potential for
significance.
SEA has developed a draft scope of
study for the EIS for public review and
comment, which incorporates the issues
and concerns raised in the comment
letters SEA has received thus far. SEA
is soliciting written comments on this
draft scope of study. After the close of
the comment period on the draft scope
of study, SEA will review all comments
received and then issue a final scope of
study (final scope) for the EIS.
Following the issuance of the final
scope, SEA will prepare a Draft EIS
(DEIS) for the project. The DEIS will
address those environmental issues and
concerns identified during the scoping
process. It will also contain SEA’s
preliminary recommendations for
environmental mitigation measures.
Upon its completion, the DEIS will be
made available for public and agency
review and comment for 45 days. SEA
will then prepare a Final EIS (FEIS) that
will address the comments on the DEIS
from the public and agencies. Then, in
reaching its decision in this case, the
Board will take into account the DEIS,
the FEIS, the public comments, and the
environmental analysis and
recommendations, including any
environmental mitigation proposed by
SEA.
The Procedural Schedule set for this
proceeding in Decision No. 2 establishes
the date of April 25, 2008 for the
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Board’s proposed final decision. This
date will be extended if additional time
is needed to complete the full EIS
process.
Submitting Comments on the Draft
Scope: SEA encourages broad
participation in the EIS process. All
interested agencies, organizations,
communities, and members of the
public are invited to participate in the
scoping process by reviewing and
commenting on the draft scope of the
EIS. Written comments on the draft
scope of the EIS may be submitted to the
Board within the comment period, as
described below, no later than February
1, 2008. To file comments on the draft
scope and participate in the
environmental review process, it is not
necessary to be a Party of Record (as
detailed in Decision 21). If you wish to
submit written comments regarding the
attached proposed draft scope, please
send your comments to:
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423,
Attention: Phillis Johnson-Ball,
Environmental Filing, STB Finance
Docket No. 35087.
Environmental comments may also be
filed electronically on the Board’s Web
site, https://www.stb.dot.gov, by clicking
on the ‘‘E_FILING’’ link.
Please refer to STB Finance Docket
No. 35087 in all correspondence,
including E-filings, addressed to the
Board.
Following these directions will help
ensure that your comments are
considered in the environmental review
process for this proposed acquisition.
SEA will add your name to its mailing
list for distribution of the final scope of
the EIS, the DEIS, and Final EIS (FEIS).
Interested persons who wish to receive
individual copies of Board decisions,
orders, and notices served in this
proceeding but do not want to be a party
of record are encouraged to contact the
Board’s copy contractor as soon as
possible: Document Solutions, 9332
Annapolis Rd., Suite 103, Lanham, MD
20706, telephone number (202) 306–
4004, or e-mail address:
1 Board Decision No. 2 was issued November 26,
2007.
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asapdc@verizon.net. All Board
decisions, orders, and notices in this
proceeding will also be available on the
Board’s Web site at https://
www.stb.dot.gov under ‘‘E-Library,’’ and
‘‘Decisions & Notices’’ or ‘‘Filings.’’
If deemed necessary, alternative
configurations of proposed connections may
be considered. Proposed modifications to the
proposed transaction as requested by other
parties in their inconsistent or responsive
applications will also be addressed in the
EIS.
FOR FURTHER INFORMATION CONTACT:
Environmental Impact Analysis
Analysis in the EIS will address proposed
activities and their potential environmental
impacts, as appropriate. Existing rail
operations are the baseline from which the
potential environmental impacts of the
proposed transaction will be evaluated. SEA
will evaluate only the potential
environmental impacts of operational and
physical changes that are directly related to
the proposed transaction. SEA will not
consider environmental impacts relating to
existing rail operations and existing railroad
facilities.3
The scope of the analysis will include the
following types of activities:
1. Anticipated changes in level of
operations on rail lines (e.g., an increase in
average trains per day) for those rail line
segments that meet or exceed the Board’s
thresholds for environmental review in 49
CFR 1105.7.
2. Proposed changes in activity at rail yards
to the extent such changes may exceed the
Board’s thresholds for environmental
analysis in 49 CFR 1105.7.
3. Proposed physical construction of
improved rail connections, siding extensions,
and installation of second rail track (doubletracking).
Phillis Johnson-Ball, Section of
Environmental Analysis, Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001, 1–800–
347–0689 (project information line) .
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339. The Web site for the
Surface Transportation Board is https://
www.stb.dot.gov.
By the Board, Victoria J. Rutson, Chief,
Section of Environmental Analysis.
Vernon A. Williams,
Secretary.
Appendix A
Draft Scope of the EIS
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Proposed Action and Definition of
Alternatives
Applicants’ proposed acquisition of the
EJ&E would result in shifting of rail traffic
from rail lines in Chicago to rail lines on the
EJ&E. Rail traffic on CNR lines inside the
EJ&E arc would generally decrease. These
decreases in rail traffic would be offset by
substantial increases in the number of trains
operated on the EJ&EW line outside Chicago.
The increase in train traffic on the EJ&E
would vary from approximately 15 to 27
additional trains per day. Applicants state
that the proposed transaction would not
impair CNR’s ability to handle commuter
trains, passenger trains, or trackage/haulage
trains currently operating on its lines.
Finally, on the integrated CNR/EJ&EW
system, four train pairs would be added to
EJ&E terminals: Three inbound and three
outbound switch trains at Kirk Yard, and one
inbound and one outbound switch train at
East Joliet Yard. Applicants’ projections for
the changes in rail operations as a result of
the acquisition are set forth in the
Application, available on the Board’s Web
site. The proposed transaction also includes
construction of seven rail connections, siding
extensions, and installation of second track
(double-tracking).
Reasonable or feasible alternatives that will
be evaluated in the EIS are (1) approval of the
transaction as proposed; (2) disapproval of
the proposed transaction in whole (NoAction alternative); or (3) approval of the
proposed transaction with conditions,
including environmental mitigation
conditions.2
2 The Board has broad authority to impose
conditions in railroad control transactions under 49
U.S.C. 11324 (c). However, the Board’s power to
impose conditions is not limitless: there must be a
sufficient nexus between the condition imposed
and the transaction before the agency, and the
condition imposed must be reasonable. See United
States v. Chesapeake & O. Ry., 426 U.S. 500, 514–
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Environmental Impact Categories
The EIS will address potential impacts on
the environment that will include the areas
of safety, transportation systems, land use,
energy, air quality, noise, biological
resources, water resources, socioeconomic
effects related to physical changes in the
environment, environmental justice, and
cultural and historic resources, as described
below.
1. Safety
The EIS will:
A. Consider at-grade rail crossing accident
probability and safety factors. This will
generally include grade crossings with
average daily traffic levels of 2,500 or more
trips. Accident probability analysis will
address the potential for rail and vehicle
accidents.
B. Consider increased probability of train
accidents and derailments due to increased
traffic on a system-wide basis.
C. Address potential effects of increased
freight traffic on commuter and intercity
passenger service operations.
15 (1976); Consolidated Rail Corp. v. ICC, 29 F.3d
706, 714 (D.C. Cir. 1994).
3 In proceedings similar to this proposed
acquisition, the Board’s practice consistently has
been to mitigate only those environmental impacts
that result directly from the transaction. The Board,
like its predecessor, the Interstate Commerce
Commission, has not imposed mitigation to remedy
preexisting conditions such as those that might
make the quality of life in a particular community
better, but are not a direct result of the merger (i.e.,
congestion associated with the existing rail line
traffic, or the traffic of other railroads).
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D. Discuss the potential environmental
impacts of the proposed transaction on
public health and safety with respect to the
transportation of hazardous materials,
including:
(1) Changes in the types of hazardous
materials and quantities transported or rerouted;
(2) Nature of the hazardous materials being
transported;
(3) Applicants’ safety practices and
protocols;
(4) Applicants’ relevant safety data on
derailments, accidents and hazardous
materials spills;
(5) Contingency plans to address accidental
spills;
(6) Probability of increased spills given
railroad safety statistics and applicable
Federal Railroad Administration
requirements; and
(7) Location and types of hazardous
substances at hazardous waste sites or
hazardous materials spills on the right-ofway of any proposed connection or rail line
abandonment site.
E. Address local truck traffic increases
attributable to increased intermodal
activities.
F. Address safety issues associated with
the integration of differing rail operating
systems and procedures.
2. Transportation Systems
The EIS will:
A. Describe system-wide and localized
effects of the proposed operational changes,
construction of improved connections, siding
extensions, and installation of second track,
and evaluate potential impacts on commuter
rail service and intercity passenger (Amtrak)
service.
B. Evaluate those commuter rail line
segments that would experience increased
freight traffic as a result of the proposed
transaction for the capability of the rail line
segments to accommodate the reasonably
foreseeable addition of commuter trains.
C. Discuss potential effects on proposed
passenger rail service where such future rail
operation inception or expansion is
reasonably foreseeable (i.e., where capital
improvements are planned, approved, and
funded).
D. Discuss potential diversions of freight
traffic from trucks to rail and from rail to
trucks, as appropriate.
E. Address vehicular delays at rail
crossings and intermodal facilities due to
increases in rail-related operations as a result
of the proposed transaction. Estimates of
typical delays at grade crossings will be made
for crossings that have vehicle traffic levels
of 2,500 ADT or more and that exceed train
traffic increases of three trains per day for
non-attainment areas or eight trains per day
for attainment areas.
F. Discuss potential effects of increased
train traffic on railroad bridges that cross
navigation channels to the extent that such
bridges allow only one mode of
transportation to pass at a time.
3. Land Use and Socioeconomics
The EIS will:
A. Describe whether the proposed
construction of improved rail connections,
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siding extensions, and installation of second
track (double-tracking) are consistent with
existing land use plans.
B. Describe environmental impacts
associated with the proposed construction of
improved rail connections, siding extensions,
and installation of second track (doubletracking) as to acres of prime farmland
potentially removed from production.
C. Discuss consistency of proposed
construction of improved rail connections,
siding extensions, and installation of second
track (double-tracking) with applicable
zoning requirements.
D. Address socioeconomic issues related to
changes in the physical environment as a
result of the proposed transaction.
E. Propose mitigative measures to
minimize or eliminate potential project
adverse impacts to social and economic
resources, as appropriate.
4. Energy
The EIS will:
A. Describe the potential environmental
impact of the proposed transaction on
transportation of energy resources and
recyclable commodities to the extent that
such information is available.
B. Evaluate potential changes in fuel use
arising from the transaction.
5. Air Quality
The EIS will:
A. Evaluate air emissions increases where
the proposed post-acquisition activity would
exceed the Board’s environmental thresholds
in 49 CFR 1105.7(e)(5)(i), for air quality
nonattainment areas as designated under the
Clean Air Act. Thresholds are as follows
since the Chicago Metropolitan area is a
nonattainment area:4
(1) A 50 percent increase in rail traffic
(measured in gross-ton miles annually) or an
increase of three trains a day on any segment
of rail line affected by the proposal; or
(2) An increase in rail yard activity of at
least 20 percent or more in carload activity
(rail car switching and block swapping).
(3) Increase in truck traffic greater than 10
percent of ADT or 50 trucks per day.
B. Discuss the net increase in emissions
from increased railroad operations associated
with the proposed transaction. Net emissions
changes will be calculated for counties with
projected transaction-related emissions
increases of:
• 100 tons per year or more of any
pollutant
C. Discuss the following information
regarding the anticipated transportation of
4 Nonattainment areas are areas that do not
comply with one or more ambient air quality
standards. Ozone non-attainment areas are further
classified as Marginal, Moderate, Serious, Severe, or
Extreme Areas. These classifications are based on
the level, in parts per million (ppm), of ozone
measured for each area. Moderate areas are defined
as .092 to .107 ppm, Serious Areas are defined as
containing 0.107 ppm to 0.120 ppm, and Severe
Areas are defined as containing 0.120 to 0.187 ppm.
The Chicago area is currently classified as moderate
non-attainment for ozone and non-attainment for
PM2.5
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ozone depleting materials (such as nitrogen
oxide and freon):
(1) Materials and quantity;
(2) Applicants’ safety practices;
(3) Applicants’ safety record (to the extent
available) on derailments, accidents, and
spills;
(4) Contingency plans to address accidental
spills; and
(5) Likelihood of an accidental release of
ozone depleting materials in the event of a
collision or derailment.
D. Discuss potential air emissions increases
from vehicle delays at rail crossings where
the rail crossing is projected to experience an
increase in rail traffic over the thresholds
described above in Section 5(A) for
attainment and maintenance areas, and in
Section 5(B) for non-attainment areas, and
which have an average daily vehicle traffic
level above 2,500. Such increases will be
factored into the net emissions estimates for
the affected area.
E. Examine local impacts from the
transaction caused by increases or decreases
in diesel particulate emissions.
6. Noise and Vibration
The EIS will:
A. Describe potential noise and vibration
impacts of the proposed transaction for those
areas that exceed the Board’s environmental
thresholds identified in Section 5A of the Air
Quality discussion.
B. Identify whether the proposed
transaction-related increases in rail traffic
will cause an increase to a noise level of 65
decibels Ldn or greater. If so, an estimate of
the number of sensitive receptors (e.g.,
schools and residences) within such areas
will be made.
C. Identify transaction-related activities
that have the potential to result in an
increase in noise level of 3 decibels Ldn or
more which occur in areas exposed to less
than 65 dBA Ldn.
D. Assess potential vibration effects based
on Federal Transit Administration (FTA)
vibration methodology in areas where it
appears there may be vibration sensitive
receptors within or immediately adjacent to
the railroad right of way.
7. Biological Resources
The EIS will:
A. Discuss the potential environmental
impacts of proposed construction of
improved rail connections, siding extensions,
and installation of second track (doubletracking) on federal endangered or threatened
species or designated critical habitats.
B. Discuss the effects of proposed
construction of improved rail connections,
siding extensions, and installation of second
track (double-tracking) on wildlife
sanctuaries or refuges, and national or state
parks or forests.
8. Water Resources
The EIS will:
A. Discuss whether potential impacts from
proposed construction of improved rail
connections, siding extensions, and
installation of second track (double-tracking)
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may be inconsistent with applicable federal
or state water quality standards.
B. Discuss whether permits may be
required under Sections 404 or 402 of the
Clean Water Act (33 U.S.C. 1344) for any
proposed construction of improved rail
connections, siding extensions, and
installation of second track (double-tracking),
and whether any such projects have the
potential to encroach upon any designated
wetlands or 100-year floodplains.
9. Environmental Justice
The EIS will:
A. Report on the demographics in the
immediate vicinity of any area where major
activity such as construction of improved rail
connections, siding extensions, and
installation of second track (double-tracking)
is proposed.
B. Report on the demographics in the
vicinity of rail lines with projected rail traffic
increases above eight trains per day.
C. Evaluate whether such activities
potentially have a disproportionately high
and adverse health effect or environmental
impact on any minority or low-income group.
10. Cultural and Historic Resources
The EIS will:
A. Address potential impacts from
proposed construction of improved rail
connections, siding extensions, and
installation of second track (double-tracking)
on cultural and historic resources that are on,
or immediately adjacent to, a railroad rightof-way.
11. Secondary and Cumulative Effects
The EIS will:
A. Address secondary and cumulative
effects of environmental impacts that have
regional or system-wide ramifications. This
analysis will be done for environmental
impacts that warrant such analysis given the
context and scope of the proposed
transaction. The environmental effects to be
analyzed include air quality and energy.
B. Evaluate secondary and cumulative
effects, as appropriate, for other projects or
activities that relate to the proposed
transaction, where information is provided to
the Board that describes (1) those other
projects or activities, (2) their
interrelationship with the proposed
transaction, (3) the type and severity of the
potential environmental impacts; and SEA
determines that there is the likelihood of
significant environmental impacts. This
information must be provided to the Board
within sufficient time to allow for review and
analysis within the schedule for the
preparation of the EIS.
C. Discuss the potential environmental
impacts of construction or facility
modification activities within railroad-owned
property affected by the proposed merger,
and additional environmental impacts
related to the proposed transaction but not
subject to Board approval, in order to identify
secondary and cumulative impacts.
[FR Doc. E7–24835 Filed 12–20–07; 8:45 am]
BILLING CODE 4915–00–P
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72819-72822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24835]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35087]
Canadian National Railway Company and Grand Trunk Corporation--
Control--EJ&E West Company
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of Intent To Prepare an Environmental Impact Statement
(EIS); Notice of Initiation of the Scoping Process, Including Notice of
Availability of Draft Scope of Study for Environmental Impact
Statement; Request for Comments on Draft Scope; and Notice of Open-
House Meetings.
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SUMMARY: On October 30, 2007, Canadian National Railway Corporation
(CNR) and Grand Trunk Corporation (GTC), a noncarrier holding company
through which CNR controls its U.S. rail subsidiaries, filed an
application with the Surface Transportation Board (Board) seeking the
Board's approval of the acquisition of control of EJ&E West Company
(EJ&EW), a wholly owned noncarrier subsidiary of Elgin, Joliet and
Eastern Railway Company (EJ&E). In this document, the action before the
Board will be referred to as the proposal or the proposed acquisition
and CNR and GTC will be referred to collectively as CN or as
Applicants.
CN is one of Canada's two major railroads. It extends from Halifax,
Nova Scotia, to Vancouver and Prince Rupert, British Columbia. EJ&E is
a Class II railroad that currently operates over 198 miles of track in
northeastern Illinois and northwestern Indiana, consisting primarily of
an arc of roughly 190 miles around Chicago, IL, extending from
Waukegan, IL, southwards to Joliet, IL, then eastward to Gary, IN, and
then northwest to South Chicago along Lake Michigan. EJ&E provides rail
service to approximately 100 customers, including steel mills, coal
utilities, plastics and chemical producers, steel processors,
distribution centers, and scrap processors.
Applicants' proposed acquisition of the EJ&E would shift rail
traffic currently moving over CN's rail lines inside the EJ&E arc in
Chicago to the EJ&E, which traverses the suburbs generally to the west
and south of Chicago. Rail traffic on CNR lines inside the EJ&E arc
would generally decrease. The decreases in rail traffic would be offset
by increases in the number of trains operating on the EJ&E rail line
outside of Chicago (approximately 15-27 more trains would operate on
various segments of the EJ&E). Applicants also proposed to construct
six new rail connections and approximately 19 miles of new sidings/
double tracking. Applicants give three primary reasons for seeking
approval of the proposed acquisition: Improved rail operations in the
Chicago area; availability to EJ&E's Kirk Yard in Gary, Indiana, and
other smaller facilities in Joliet, Illinois, and Whiting, Indiana; and
improved service to companies dealing in steel, chemicals, and
petrochemicals, as well as Chicago area utilities.
To thoroughly assess the potential environmental impacts that may
result from the proposed acquisition, the Board, through its Section of
Environmental Analysis (SEA), will prepare an Environmental Impact
Statement (EIS). The purpose of this Notice is to give all interested
persons the opportunity to actively participate in the forthcoming
environmental review, the first step of which is ``scoping.'' Scoping
is an open process for determining the range of issues that should be
examined and assessed in the EIS. In addition to announcing that the
Board will prepare an EIS for this proceeding, this Notice also
announces the availability of a draft scope of study, requests comments
on the draft scope of study, and presents the schedule of Open-House
meetings to be held in the project area.
DATES, TIMES, AND LOCATIONS: Scoping Open House meetings will be held
at the dates and locations listed below. Each location will have an
afternoon and an evening session at the following times: The afternoon
Open House is scheduled from 1p.m. to 4 p.m. and the evening Open House
is scheduled from 6 p.m. to 8 p.m. There is no need to attend more than
one meeting, but all are welcome to attend as many meetings as desired.
------------------------------------------------------------------------
Date Location
------------------------------------------------------------------------
January 8, 2008......................... Crown Plaza, Salon A/C Room,
510 E. Route 83, Mundelein,
IL 60060, 847-949-5100.
January 9, 2008......................... Makray Memorial Golf Club,
Grand Ballroom, 1010 S. NW.,
Highway, Barrington, IL
60010, 847-381-6500.
[[Page 72820]]
January 10, 2008........................ Jacob Henry Mansion, Ballroom,
15 South Richards Street,
Joliet, IL 60433, 815-722-
2465.
January 15, 2008........................ Holiday Inn, Willow Room, 500
Holiday Plaza Drive,
Matteson, IL, 708-747-3500.
January 16, 2008........................ Genesis Convention Center,
Gary Lakes Room, One Genesis
Center Plaza, Gary, IN 46402,
219-882-5505.
January 17, 2008........................ St. Andrews Golf Club, St.
Andrews Room, 3N441 Route 59,
West Chicago, IL 60185, 630-
231-3100.
January 22, 2008........................ Crowne Plaza Chicago-Metro,
Ballroom, 733 West Madison,
Chicago, IL 60661, 312-602-
2106.
------------------------------------------------------------------------
The public scoping meetings will be informal meetings in an open
house format. Interested persons may ask questions about the proposal
and the Board's environmental review process, and discuss the potential
environmental effects of the proposal with SEA staff. In keeping with
the open house format of the scoping meetings, there will be no formal
presentations made by the agency. Rather, SEA staff members will be
available to answer questions and receive comments individually. A
court reporter will be available for those persons who wish to submit
oral comments. Writing stations will be available to those who wish to
submit written comments at the Open House. SEA staff will be available
to listen and make notes of comments. Additional copies of the draft
scope will be available at all Open House meetings.
The meeting locations comply with the Americans with Disabilities
Act. Persons who need special accommodations should telephone SEA's
toll-free number for the project at 1-800-347-0689. Please leave a
message and someone will return your call promptly.
SEA will issue a final Scope of Study shortly after the close of
the scoping comment period. Written comments on the draft scope are due
February 1, 2008. Directions on how to submit comments of the draft
scope are set forth below.
Summary of the Board's Review Processes for this Proceeding: The
Board will review the proposed transaction through two parallel but
distinct processes: (1) The economic process that examines the
competitive, transportation, and economic implications of the
acquisition on the national rail system, and (2) the environmental
process conducted by SEA that assesses the potential environmental
effects of the proposed acquisition on the human and natural
environment through preparation of an 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: The National Environmental Policy Act
(NEPA) process is intended to assist the Board and the public in
identifying and assessing the potential environmental consequences of a
proposed action before a decision on that proposed action is made. SEA
is responsible for ensuring that the Board complies with NEPA and
related environmental statues. The first stage of the EIS process is
scoping. Scoping is an open process for determining the scope of
environmental issues to be addressed in the EIS and their potential for
significance.
SEA has developed a draft scope of study for the EIS for public
review and comment, which incorporates the issues and concerns raised
in the comment letters SEA has received thus far. SEA is soliciting
written comments on this draft scope of study. After the close of the
comment period on the draft scope of study, SEA will review all
comments received and then issue a final scope of study (final scope)
for the EIS.
Following the issuance of the final scope, SEA will prepare a Draft
EIS (DEIS) for the project. The DEIS will address those environmental
issues and concerns identified during the scoping process. It will also
contain SEA's preliminary recommendations for environmental mitigation
measures. Upon its completion, the DEIS will be made available for
public and agency review and comment for 45 days. SEA will then prepare
a Final EIS (FEIS) that will address the comments on the DEIS from the
public and agencies. Then, in reaching its decision in this case, the
Board will take into account the DEIS, the FEIS, the public comments,
and the environmental analysis and recommendations, including any
environmental mitigation proposed by SEA.
The Procedural Schedule set for this proceeding in Decision No. 2
establishes the date of April 25, 2008 for the Board's proposed final
decision. This date will be extended if additional time is needed to
complete the full EIS process.
Submitting Comments on the Draft Scope: SEA encourages broad
participation in the EIS process. All interested agencies,
organizations, communities, and members of the public are invited to
participate in the scoping process by reviewing and commenting on the
draft scope of the EIS. Written comments on the draft scope of the EIS
may be submitted to the Board within the comment period, as described
below, no later than February 1, 2008. To file comments on the draft
scope and participate in the environmental review process, it is not
necessary to be a Party of Record (as detailed in Decision 2\1\). If
you wish to submit written comments regarding the attached proposed
draft scope, please send your comments to:
---------------------------------------------------------------------------
\1\ Board Decision No. 2 was issued November 26, 2007.
---------------------------------------------------------------------------
Surface Transportation Board, 395 E Street, SW., Washington, DC
20423, Attention: Phillis Johnson-Ball, Environmental Filing, STB
Finance Docket No. 35087.
Environmental comments may also be filed electronically on the
Board's Web site, https://www.stb.dot.gov, by clicking on the ``E--
FILING'' link.
Please refer to STB Finance Docket No. 35087 in all correspondence,
including E-filings, addressed to the Board.
Following these directions will help ensure that your comments are
considered in the environmental review process for this proposed
acquisition. SEA will add your name to its mailing list for
distribution of the final scope of the EIS, the DEIS, and Final EIS
(FEIS). Interested persons who wish to receive individual copies of
Board decisions, orders, and notices served in this proceeding but do
not want to be a party of record are encouraged to contact the Board's
copy contractor as soon as possible: Document Solutions, 9332 Annapolis
Rd., Suite 103, Lanham, MD 20706, telephone number (202) 306-4004, or
e-mail address:
[[Page 72821]]
asapdc@verizon.net. All Board decisions, orders, and notices in this
proceeding will also be available on the Board's Web site at https://
www.stb.dot.gov under ``E-Library,'' and ``Decisions & Notices'' or
``Filings.''
FOR FURTHER INFORMATION CONTACT: Phillis Johnson-Ball, Section of
Environmental Analysis, Surface Transportation Board, 395 E Street,
SW., Washington, DC 20423-0001, 1-800-347-0689 (project information
line) . Assistance for the hearing impaired is available through the
Federal Information Relay Service (FIRS) at 1-800-877-8339. The Web
site for the Surface Transportation Board is https://www.stb.dot.gov.
By the Board, Victoria J. Rutson, Chief, Section of
Environmental Analysis.
Vernon A. Williams,
Secretary.
Appendix A
Draft Scope of the EIS
Proposed Action and Definition of Alternatives
Applicants' proposed acquisition of the EJ&E would result in
shifting of rail traffic from rail lines in Chicago to rail lines on
the EJ&E. Rail traffic on CNR lines inside the EJ&E arc would
generally decrease. These decreases in rail traffic would be offset
by substantial increases in the number of trains operated on the
EJ&EW line outside Chicago. The increase in train traffic on the
EJ&E would vary from approximately 15 to 27 additional trains per
day. Applicants state that the proposed transaction would not impair
CNR's ability to handle commuter trains, passenger trains, or
trackage/haulage trains currently operating on its lines. Finally,
on the integrated CNR/EJ&EW system, four train pairs would be added
to EJ&E terminals: Three inbound and three outbound switch trains at
Kirk Yard, and one inbound and one outbound switch train at East
Joliet Yard. Applicants' projections for the changes in rail
operations as a result of the acquisition are set forth in the
Application, available on the Board's Web site. The proposed
transaction also includes construction of seven rail connections,
siding extensions, and installation of second track (double-
tracking).
Reasonable or feasible alternatives that will be evaluated in
the EIS are (1) approval of the transaction as proposed; (2)
disapproval of the proposed transaction in whole (No-Action
alternative); or (3) approval of the proposed transaction with
conditions, including environmental mitigation conditions.\2\
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\2\ The Board has broad authority to impose conditions in
railroad control transactions under 49 U.S.C. 11324 (c). However,
the Board's power to impose conditions is not limitless: there must
be a sufficient nexus between the condition imposed and the
transaction before the agency, and the condition imposed must be
reasonable. See United States v. Chesapeake & O. Ry., 426 U.S. 500,
514-15 (1976); Consolidated Rail Corp. v. ICC, 29 F.3d 706, 714
(D.C. Cir. 1994).
---------------------------------------------------------------------------
If deemed necessary, alternative configurations of proposed
connections may be considered. Proposed modifications to the
proposed transaction as requested by other parties in their
inconsistent or responsive applications will also be addressed in
the EIS.
Environmental Impact Analysis
Analysis in the EIS will address proposed activities and their
potential environmental impacts, as appropriate. Existing rail
operations are the baseline from which the potential environmental
impacts of the proposed transaction will be evaluated. SEA will
evaluate only the potential environmental impacts of operational and
physical changes that are directly related to the proposed
transaction. SEA will not consider environmental impacts relating to
existing rail operations and existing railroad facilities.\3\
---------------------------------------------------------------------------
\3\ In proceedings similar to this proposed acquisition, the
Board's practice consistently has been to mitigate only those
environmental impacts that result directly from the transaction. The
Board, like its predecessor, the Interstate Commerce Commission, has
not imposed mitigation to remedy preexisting conditions such as
those that might make the quality of life in a particular community
better, but are not a direct result of the merger (i.e., congestion
associated with the existing rail line traffic, or the traffic of
other railroads).
---------------------------------------------------------------------------
The scope of the analysis will include the following types of
activities:
1. Anticipated changes in level of operations on rail lines
(e.g., an increase in average trains per day) for those rail line
segments that meet or exceed the Board's thresholds for
environmental review in 49 CFR 1105.7.
2. Proposed changes in activity at rail yards to the extent such
changes may exceed the Board's thresholds for environmental analysis
in 49 CFR 1105.7.
3. Proposed physical construction of improved rail connections,
siding extensions, and installation of second rail track (double-
tracking).
Environmental Impact Categories
The EIS will address potential impacts on the environment that
will include the areas of safety, transportation systems, land use,
energy, air quality, noise, biological resources, water resources,
socioeconomic effects related to physical changes in the
environment, environmental justice, and cultural and historic
resources, as described below.
1. Safety
The EIS will:
A. Consider at-grade rail crossing accident probability and
safety factors. This will generally include grade crossings with
average daily traffic levels of 2,500 or more trips. Accident
probability analysis will address the potential for rail and vehicle
accidents.
B. Consider increased probability of train accidents and
derailments due to increased traffic on a system-wide basis.
C. Address potential effects of increased freight traffic on
commuter and intercity passenger service operations.
D. Discuss the potential environmental impacts of the proposed
transaction on public health and safety with respect to the
transportation of hazardous materials, including:
(1) Changes in the types of hazardous materials and quantities
transported or re-routed;
(2) Nature of the hazardous materials being transported;
(3) Applicants' safety practices and protocols;
(4) Applicants' relevant safety data on derailments, accidents
and hazardous materials spills;
(5) Contingency plans to address accidental spills;
(6) Probability of increased spills given railroad safety
statistics and applicable Federal Railroad Administration
requirements; and
(7) Location and types of hazardous substances at hazardous
waste sites or hazardous materials spills on the right-of-way of any
proposed connection or rail line abandonment site.
E. Address local truck traffic increases attributable to
increased intermodal activities.
F. Address safety issues associated with the integration of
differing rail operating systems and procedures.
2. Transportation Systems
The EIS will:
A. Describe system-wide and localized effects of the proposed
operational changes, construction of improved connections, siding
extensions, and installation of second track, and evaluate potential
impacts on commuter rail service and intercity passenger (Amtrak)
service.
B. Evaluate those commuter rail line segments that would
experience increased freight traffic as a result of the proposed
transaction for the capability of the rail line segments to
accommodate the reasonably foreseeable addition of commuter trains.
C. Discuss potential effects on proposed passenger rail service
where such future rail operation inception or expansion is
reasonably foreseeable (i.e., where capital improvements are
planned, approved, and funded).
D. Discuss potential diversions of freight traffic from trucks
to rail and from rail to trucks, as appropriate.
E. Address vehicular delays at rail crossings and intermodal
facilities due to increases in rail-related operations as a result
of the proposed transaction. Estimates of typical delays at grade
crossings will be made for crossings that have vehicle traffic
levels of 2,500 ADT or more and that exceed train traffic increases
of three trains per day for non-attainment areas or eight trains per
day for attainment areas.
F. Discuss potential effects of increased train traffic on
railroad bridges that cross navigation channels to the extent that
such bridges allow only one mode of transportation to pass at a
time.
3. Land Use and Socioeconomics
The EIS will:
A. Describe whether the proposed construction of improved rail
connections,
[[Page 72822]]
siding extensions, and installation of second track (double-
tracking) are consistent with existing land use plans.
B. Describe environmental impacts associated with the proposed
construction of improved rail connections, siding extensions, and
installation of second track (double-tracking) as to acres of prime
farmland potentially removed from production.
C. Discuss consistency of proposed construction of improved rail
connections, siding extensions, and installation of second track
(double-tracking) with applicable zoning requirements.
D. Address socioeconomic issues related to changes in the
physical environment as a result of the proposed transaction.
E. Propose mitigative measures to minimize or eliminate
potential project adverse impacts to social and economic resources,
as appropriate.
4. Energy
The EIS will:
A. Describe the potential environmental impact of the proposed
transaction on transportation of energy resources and recyclable
commodities to the extent that such information is available.
B. Evaluate potential changes in fuel use arising from the
transaction.
5. Air Quality
The EIS will:
A. Evaluate air emissions increases where the proposed post-
acquisition activity would exceed the Board's environmental
thresholds in 49 CFR 1105.7(e)(5)(i), for air quality nonattainment
areas as designated under the Clean Air Act. Thresholds are as
follows since the Chicago Metropolitan area is a nonattainment
area:\4\
---------------------------------------------------------------------------
\4\ Nonattainment areas are areas that do not comply with one or
more ambient air quality standards. Ozone non-attainment areas are
further classified as Marginal, Moderate, Serious, Severe, or
Extreme Areas. These classifications are based on the level, in
parts per million (ppm), of ozone measured for each area. Moderate
areas are defined as .092 to .107 ppm, Serious Areas are defined as
containing 0.107 ppm to 0.120 ppm, and Severe Areas are defined as
containing 0.120 to 0.187 ppm. The Chicago area is currently
classified as moderate non-attainment for ozone and non-attainment
for PM2.5
---------------------------------------------------------------------------
(1) A 50 percent increase in rail traffic (measured in gross-ton
miles annually) or an increase of three trains a day on any segment
of rail line affected by the proposal; or
(2) An increase in rail yard activity of at least 20 percent or
more in carload activity (rail car switching and block swapping).
(3) Increase in truck traffic greater than 10 percent of ADT or
50 trucks per day.
B. Discuss the net increase in emissions from increased railroad
operations associated with the proposed transaction. Net emissions
changes will be calculated for counties with projected transaction-
related emissions increases of:
100 tons per year or more of any pollutant
C. Discuss the following information regarding the anticipated
transportation of ozone depleting materials (such as nitrogen oxide
and freon):
(1) Materials and quantity;
(2) Applicants' safety practices;
(3) Applicants' safety record (to the extent available) on
derailments, accidents, and spills;
(4) Contingency plans to address accidental spills; and
(5) Likelihood of an accidental release of ozone depleting
materials in the event of a collision or derailment.
D. Discuss potential air emissions increases from vehicle delays
at rail crossings where the rail crossing is projected to experience
an increase in rail traffic over the thresholds described above in
Section 5(A) for attainment and maintenance areas, and in Section
5(B) for non-attainment areas, and which have an average daily
vehicle traffic level above 2,500. Such increases will be factored
into the net emissions estimates for the affected area.
E. Examine local impacts from the transaction caused by
increases or decreases in diesel particulate emissions.
6. Noise and Vibration
The EIS will:
A. Describe potential noise and vibration impacts of the
proposed transaction for those areas that exceed the Board's
environmental thresholds identified in Section 5A of the Air Quality
discussion.
B. Identify whether the proposed transaction-related increases
in rail traffic will cause an increase to a noise level of 65
decibels Ldn or greater. If so, an estimate of the number
of sensitive receptors (e.g., schools and residences) within such
areas will be made.
C. Identify transaction-related activities that have the
potential to result in an increase in noise level of 3 decibels
Ldn or more which occur in areas exposed to less than 65
dBA Ldn.
D. Assess potential vibration effects based on Federal Transit
Administration (FTA) vibration methodology in areas where it appears
there may be vibration sensitive receptors within or immediately
adjacent to the railroad right of way.
7. Biological Resources
The EIS will:
A. Discuss the potential environmental impacts of proposed
construction of improved rail connections, siding extensions, and
installation of second track (double-tracking) on federal endangered
or threatened species or designated critical habitats.
B. Discuss the effects of proposed construction of improved rail
connections, siding extensions, and installation of second track
(double-tracking) on wildlife sanctuaries or refuges, and national
or state parks or forests.
8. Water Resources
The EIS will:
A. Discuss whether potential impacts from proposed construction
of improved rail connections, siding extensions, and installation of
second track (double-tracking) may be inconsistent with applicable
federal or state water quality standards.
B. Discuss whether permits may be required under Sections 404 or
402 of the Clean Water Act (33 U.S.C. 1344) for any proposed
construction of improved rail connections, siding extensions, and
installation of second track (double-tracking), and whether any such
projects have the potential to encroach upon any designated wetlands
or 100-year floodplains.
9. Environmental Justice
The EIS will:
A. Report on the demographics in the immediate vicinity of any
area where major activity such as construction of improved rail
connections, siding extensions, and installation of second track
(double-tracking) is proposed.
B. Report on the demographics in the vicinity of rail lines with
projected rail traffic increases above eight trains per day.
C. Evaluate whether such activities potentially have a
disproportionately high and adverse health effect or environmental
impact on any minority or low-income group.
10. Cultural and Historic Resources
The EIS will:
A. Address potential impacts from proposed construction of
improved rail connections, siding extensions, and installation of
second track (double-tracking) on cultural and historic resources
that are on, or immediately adjacent to, a railroad right-of-way.
11. Secondary and Cumulative Effects
The EIS will:
A. Address secondary and cumulative effects of environmental
impacts that have regional or system-wide ramifications. This
analysis will be done for environmental impacts that warrant such
analysis given the context and scope of the proposed transaction.
The environmental effects to be analyzed include air quality and
energy.
B. Evaluate secondary and cumulative effects, as appropriate,
for other projects or activities that relate to the proposed
transaction, where information is provided to the Board that
describes (1) those other projects or activities, (2) their
interrelationship with the proposed transaction, (3) the type and
severity of the potential environmental impacts; and SEA determines
that there is the likelihood of significant environmental impacts.
This information must be provided to the Board within sufficient
time to allow for review and analysis within the schedule for the
preparation of the EIS.
C. Discuss the potential environmental impacts of construction
or facility modification activities within railroad-owned property
affected by the proposed merger, and additional environmental
impacts related to the proposed transaction but not subject to Board
approval, in order to identify secondary and cumulative impacts.
[FR Doc. E7-24835 Filed 12-20-07; 8:45 am]
BILLING CODE 4915-00-P
