FRA Certification Helpline: (216) 694-0240

(The following story by Andre Salles appeared on the Suburban Chicago News website on August 2.)

CHICAGO — Under new legislation proposed this week, the federal Surface Transportation Board would have to consider the impact of any railway sale on local communities before approving it.

HR-6707, known as the Taking Responsible Action for Community Safety (TRACS) Act, would add language to the laws governing the STB, the board that approves any sale or merger of railway companies and lines in the United States.

The proposal was drafted by members of the Illinois congressional delegation, in response to the potential purchase by the Canadian National Railway of the Elgin, Joliet and Eastern rail line.

Specifically, the measure would demand that the STB explore the impacts of any rail transaction on surrounding communities, including grade-crossing safety, hazardous materials transportation safety and emergency response time, and deny those transactions if the impact outweighs the benefits to the rail industry.

Among those involved in drafting the legislation were Illinois Reps. Melissa Bean, Judy Biggert, Bill Foster and Don Manzullo, along with House Transportation Committee Chairman Rep. James Oberstar and Rep. Peter Visclosky of Indiana.

In a press release, Bean makes no bones about the fact that this legislation is part of the Illinois delegation’s ongoing fight against Canadian National’s purchase of the EJ&E. The EJ&E line runs through suburban areas, including the East Side of Aurora, and the number of freight trains in some areas along the line would quadruple under CN’s proposal.

The STB just issued a draft version of an environmental impact study on the potential sale. Although the study looks at grade-crossing safety, environmental concerns and emergency response time, among other issues, the STB is not legally bound to consider any of that information in its approval decision.

Rather, under the current language, the STB only has to determine whether the sale would cause a monopoly, or adversely affect rail transportation.

The new bill also would provide the STB with more authority to demand improvements along rail lines as a condition of a sale or merger.

Neither Canadian National nor the STB provided comment for this story.

The bill likely will be a topic of discussion at a congressional field hearing set for next week in Chicago.