[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Extensions of Remarks]
[Page E1671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE TAKING RESPONSIBLE ACTION FOR COMMUNITY SAFETY ACT

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                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                        Thursday, July 31, 2008

  Mr. OBERSTAR. Madam Speaker, today I join the gentlewoman from 
Illinois, Ms. Bean, and 19 of our colleagues in introducing the Taking 
Responsible Action for Community Safety Act.
  The bill will ensure that the Surface Transportation Board (``STB'') 
has the legal authority and policy direction to deal with railroad 
mergers that have the potential to cause serious safety, environmental, 
and other quality of life problems for affected communities.
  A recently filed merger application has called attention to the need 
for enhancing the authority of the STB.
  The application was filed by the Canadian National Railway (``CN''), 
seeking the Board's approval to acquire control of the 198-mile Elgin, 
Joliet, and Eastern (``EJ&E'') rail line.
  Communities affected by the merger have alleged serious impacts from 
the new operations which are planned for the merged carrier. This 
acquisition could adversely impact more than 40 communities along the 
EJ&E line, and result in rail traffic increases of 15 to 24 trains per 
day. For example, in Barrington, Illinois, the number of freight trains 
will increase from 5 to 20. In Plainfield, Illinois, the CN train total 
will reach 42 per day.
  The communities impacted by the proposed acquisition have raised 
significant concerns related to public safety, grade crossing safety, 
hazardous materials transportation safety, noise, and economic job 
loss. For example, the EJ&F line includes 133 grade level crossings 
that intersect with existing roadways. Increased traffic on the line 
may not only adversely impact motorist safety but emergency response 
time and vehicle access, a growing concern for many communities across 
the nation.
  Under current law, the STB has very limited power to consider these 
concerns. The STB is now required to approve all mergers and 
consolidations between a Class I railroad (such as CN) and a Class II 
railroad (such as EJ&E) unless the Board finds that the merge is likely 
to cause a substantial lessening of competition, create a monopoly, or 
restrain trade in freight surface transportation in any region of the 
United States; and that the anticompetitive effects of the transaction 
outweigh the public interest in meeting significant transportation 
needs.
  The STB does have authority to impose conditions to address community 
concerns on any approval of a merger between a Class I railroad and 
Class II railroad. However, the STB has decided to significantly limit 
the types of conditions it will impose. Under its regulations, the STB 
will not impose conditions that may ``undermine or defeat'' a 
transaction, even if those conditions are critical to ensuring the 
safety and health of communities.
  The bill we are introducing today will enable the STB to thoroughly 
consider the public interest when evaluating a proposed railroad merger 
or consolidation which includes at least one Class I railroad.
  Specifically, the bill requires the STB to consider, in a merger or 
consolidation proceeding, the safety and environmental effects of the 
proposed transaction, including the effects on local communities, such 
as public safety, grade crossing safety, hazardous materials 
transportation safety, emergency response time, noise, and 
socioeconomic impacts. It also requires the STB to consider the effects 
of the proposed transaction on intercity passenger rail and commuter 
rail.
  The bill prohibits the STB from approving or authorizing a merger or 
consolidation if it finds that the transaction is inconsistent with the 
public interest because the transaction's impacts on safety and on the 
affected communities outweigh the transaction's transportation 
benefits. Further, the bill authorizes the STB to impose conditions to 
mitigate the effects of the transaction on local communities when such 
conditions are in the public interest.
  With these new powers and policy directives, the STB will have 
greatly enhanced ability to protect local communities against the 
adverse effects of rail mergers. I urge my colleagues to support this 
important legislation.

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