Comment EI-16086
Received or sent (printed as 9/23/2008)
The basis of this filing is CN has stated 90% of the cargo forecast does not take into account that during the specified period of the DEIS a known event occurred that, if history repeats, will impact 50% of their purpose and need assertions. The Third Lock of the Panama Canal will return to the global shipper the option of an all water route via the 14,500 TEU vessels. This construction began on September 3, 2007 and will be open in 2013/14. The CN FD 35087 was submitted two weeks after the PCA ground breaking occurred - CN has an obligation to take all likely information into account for the STB purpose and need to be justified. Month before the FD35087 U.S. DOT filed regulations in 2007 with an effective date of 1/1/09 for HazMat restrictions. CN submitted a forecast showing 20% of their forecast includes HazMat cargo. If CN had complied with the U.S. DOT requirement to meek with all effected communities by 6/1/08 to review the 27 risk factors then there forecast would have been validated as something the believed to be truthful and accurate. No meetings have been requested or held. The Ethanol Products are of course hydroscopic and will destroy the sole source water supply for the communities along the EJ&EW. The Supreme Court has ruled that NO Great Water will be diverted beyond the current authorized users. The CN approach to congestion with other railroads does not in their application show the impact they already have paid for shown in the attached presentation from a researcher sponsored by CN. The approach used by CN in the DEIS ignore the RTC simulation process and uses instead the CN single railroad internal model which is useful perhaps in Canada but not when there are multiple railroad carriers in crossing the EJ&EW. CN has slanted information with multiple formulas for carbon index to comply with the Chicago Area wide restrictions. Which formula is trusted and correct. CN has reported a seasonality impact of 5X for 12 weeks during the late summer and early fall on their website www.cn.ca and shows a linear forecast in the FD35087. CN has in the DEIS stated that they will be using the current route during the stated three construction season. If they as they have state in public, DEIS public event, that they are really planning to double track the EJ&EW the construction detours most likely will go into 2013. With the Panama Canal Third Lock opening immediately thereafter the FD35087 Purpose and Needs are further in question. The CIGMA study on the impact of the Panama Canal give the Intermodal Industry experts analysis of the Third Lock. The author is associated with the Port of Long Beach and L.A. The option that best matches the the current legal action against the STB and the attached evidence support a moratorium for a minimum of 5 years. The CN potential windfall profits from their sale of the St. Charles Airline and Lake Front ROW should be allocated toward any offsetting cost of mitigation to create a Sealed Safety Corridor along the EJ&EW if the moratorium is released. The architects of the McCormick place have designed the building in a way to close off the opening and repurpose the interior space. This fact represents a valuation basis of multiple millions to CN. The Mercy Hospital negotiations adjacent to the CN ROW show the STB the third party market valuation of the Lake Michigan Lake front acreage. Is the real purpose and need of CN to relocate to maximize their corporate profits without any significant offsetting mitigation to those communities impacted. The Presidential Order regarding social justice in the DEIS ignored the 211,000 latino population that the U.S. Government sponsored Study at Norte Dame = Latino Study Department documented within the route of the EJ&EW. The HDR and STB had the link to this important study in my 1/28/08 filing on this transaction. The data used in the DEIS is dated and incorrect. The DEIS is responsible to address impact only to the EJ&EW route and not to residents which currently have move next to a class 1 railroad. This is absolutely in contradiction to President Clintons Presidential Order. http://www.pancanal.com/eng/plan/documentos/propuesta/acp-expansion-proposal.pdf The Panama Canal Expansion was approved by 77% the voters of Panama on Oct 6, 2006. This will remove the designation of Post PanaMax vessels and almost all vessels will be able to navigate this shorten route. The impact on CN's forecast is ignored. The 90% of the Non Chicago destination must be factored by the STB to determine if CN has knowingly overstate their purpose and needs. The Third Lock impact is well known and reported clearly CN had a responsibility to the STB to forecast with this competitive information.
Submitted by: Richard Burkhart · T.R.A.C. · Deer Park, Il
The Board publishes this comment in its environmental-comment table for this proceeding. It is quoted here as printed; nothing is inferred from it, and it states the commenter's own position in their own words, not this record's.
The text 08.pdf ↓ 20ThesisJeremiahDirnberger RR.pdf ↓ CIGMA 2008 Panama.pdf ↓ CN Mark Dingler September 12 2008 UofI.pdf ↓
Permanent address docketyard.org/d/FD-35087/comment/EI-16086
File docketyard.org/document/2785023f539a60b17df9603fed6649874500677bf0d31dbe7510e4f0541a9aad.pdf
File docketyard.org/document/15c3d8db3e6b8f51d16480aad386d48a10fcd3e1cc2c9ad15b0cff8b9bf5189d.pdf
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File docketyard.org/document/909ee5ce4c90bfa3dcde62ec049bf3a02c7786e36ef17df2ec06ebbe83baee8a.pdf · back to the docket sheet