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STB Finance Docket No. 35087, et al. The Board’s schedule, which is set out fully below, projects completion of the Final EIS between December 1, 2008, and January 31, 2009, with issuance of a final decision subject to the time periods in the CEQ regulations at 40 CFR 1506.10(b)(2). With this schedule, the Board plans to complete the EIS process in less time than the time NEPA review has taken in other cases with similar issues. 22 The goals of both NEPA and sections 11324-25 will be met under the timeline the Board is setting because the proceeding should be concluded in a reasonably expeditious manner without jeopardizing the ability to conduct a thorough and complete environmental review process. As always, the Board reserves the right to adjust this schedule as facts and circumstances require or if the Board determines that adherence to this schedule would hinder its ability to fulfill its obligations under NEPA. Finally, several parties have addressed the appropriate length of comment period on the Draft EIS, which is being issued today. The CEQ regulations require a minimum of 45 days for public review and comment in a Draft EIS, which is the time period suggested by applicants in their proposed schedule. Barrington and a number of others have requested a 120-day comment period (or longer) to file comments on the Draft EIS. On June 10, 2008, applicants opposed those requests. The parties have not shown that the delay that would be caused by a 120-day comment period would be warranted here. On the other hand, the minimum 45-day time limit set forth in the CEQ regulations might not allow for careful review and comment on all of the analysis in the multi-volume Draft EIS. Thus, the Draft EIS provides for a 60-day comment period. That period is appropriate for this transaction; it should provide adequate time for interested parties, agencies, government entities, and members of the general public to analyze and comment on all aspects of the Draft EIS, while allowing for a reasonably expeditious completion of this proceeding. 3. The Board’s Schedule. Having considered the extensive record that is before the Board on this matter, the NEPA regulations, and other relevant legal authority governing the transaction, the Board finds that the following schedule is appropriate under the circumstances. As noted, the Board reserves the right to adjust this schedule as necessary. 22 Applicants note that the Conrail merger, one of the most complicated merger transactions to come before the Board, only took 11 months from the date of the filing of the application to serve the Final EIS. But the environmental review process in Conrail actually took at least 18 months because substantial environmental work was ongoing by SEA (and, separately, by the applicants) beginning in early 1997, some six months before the application was filed. 7
STB Finance Docket No. 35087, et al. Draft EIS served July 25, 2008 Publication of Notice of August 1, 2008 Availability of Draft EIS in the Federal Register by the United States Environmental Protection Agency (EPA) SEA Public Meetings on Weeks of August 25, 2008 and September 8, 2008 Draft EIS Draft EIS comments due Final EIS served Final decision served September 30, 2008 (60 days after publication of EPA’s Notice of Availability) Projected between December 1, 2008, and January 31, 2009 As soon as possible, pursuant to the CEQ regulations at 40 CFR 1506.10(b)(2) This decision will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. Applicants’ request for the establishment of time limits for the remaining NEPA review and issuance of the final decision is granted, but the schedule requested by applicants is not adopted. 2. The Board adopts the schedule set forth above and denies all other requests for alternative schedules. 3. This decision is effective on its service date. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Commissioner Buttrey commented with a separate expression. Anne K. Quinlan Acting Secretary 8
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meeting on September 3. I have encl
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