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Latest News
Background
What Are the City's Concerns?
Public Involvement
Frequently Asked Questions
Call to Action Public Meeting (July 23, 2008)
Public Open House Materials (February 13, 2008)
City Comments on the Request for Review Process Time Limits
City Comments on the Environmental Impact Study
Sign Up for the EJ&E/CN e-Newsletter
Latest News - Updated March 31, 2009
CANADIAN NATIONAL BEGINS RUNNING TRAINS ON EJ&E RAILROAD; ONLINE REGISTRATION OF RAIL COMPLAINTS NOW AVAILABLE; CITY OF NAPERVILLE JOINS TRAC IN APPEAL OF STB DECISION
CN Begins Running Trains on EJ&E Railroad
Following the STB’s decision approving the acquisition, Canadian National (CN) finalized their acquisition of the EJ&E on February 1, 2009. On March 10, Canadian National began rerouting trains from its Chicago tracks onto the EJ&E tracks. Two daily freight trains, one in each direction, have been switched over to the EJ&E. CN has indicated that they anticipate an additional four trains will be transitioned to the EJ&E over the next few weeks. CN officials will continue to notify the city prior to additional trains being transitioned.
Register Your Rail Complaint Online
With additional freight trains now running along the EJ&E Railroad as a result of Canadian National Railway’s (CN’s) recent acquisition of the railroad, a new online complaint form is available for the public to register railroad complaints with the U.S. Surface Transportation Board (STB). Complaints may be submitted via the Web site www.fightrailcongestion.com. The online complaint form will allow TRAC (The Regional Answer to Canadian National) to monitor where the region is experiencing difficulties with freight traffic on the railroad. The City of Naperville is a member of TRAC, which is a coalition of municipalities, townships, and counties that are impacted by an increase in freight traffic on the railroad. Complaints that are registered with the STB may provide information that the agency can act upon as part of a 5 year monitoring and oversight period, which was established as a condition of approval for the rail transaction.
City of Naperville Joins TRAC Appeal of STB Decision
On December 24, 2008 the Surface Transportation Board (STB) issued its decision approving Canadian National’s (CN) acquisition of the EJ&E Railroad. The STB’s approval includes measures requiring that CN comply with their voluntary mitigation measures as well as with any negotiated agreements between CN and local municipalities. The STB decision also establishes additional mitigation measures required by the Board in addition to those already submitted by the CN.
Mitigation measures directly impacting the City of Naperville include the STB’s decision to require CN to pay 67% of the cost to engineer and construct a grade separated crossing at Ogden Avenue. Additionally, CN will be required to provide safety and education programs and materials to impacted communities. The STB also imposed a 5-year monitoring and oversight condition so that the STB may assess the impacts of the transaction and the effectiveness of the conditions being imposed as a part of the final decision.
The City of Naperville, along with The Regional Answer to Canadian National (TRAC) – a group of communities opposing the CN acquisition, has filed an appeal of the STB’s decision. The basis of the appeal is that the STB did not effectively address the environmental impacts associated with the purchase, and it is anticipated that the appeal process will take six to eight months.
A copy of the STB’s decision can be viewed online.
Background
In fall 2007, the Canadian National Railroad (CN) announced their proposed acquisition of the Elgin, Joliet & Eastern (EJ&E) Railroad, which runs along the western perimeter of the city. In November, the Surface Transportation Board (STB) determined that the proposed acquisition would be classified as a "minor" transaction, as opposed to a major transaction, but would require an Environmental Impact Study (EIS). The major/minor classification was based on impacts to the railroad industry, not local community impacts.
Following is a map of the railroad and its crossings:
CN projects rail traffic to increase from 15.7 to 42.3 trains per day on the rail segment that runs along Naperville’s western boundary. As increased train traffic presents community challenges and may impact our residents’ quality of life, city staff has been engaged in all related processes since the inception of the pending railway transaction.
What Are the City's Concerns?
Based on meetings and discussions, the city's top concerns relative to the acquisition include:
- Implications on the city's proposed Quiet Zone designation and train noise in general
- Proposed increase in hazardous cargo carried along this rail line.
- Impacts on the proposed STAR Line system
- Street traffic congestion due to increased train traffic
The city has submitted comments on the scope of the EIS for consideration by the STB.
TRAC
Twenty-five communities and agencies throughout the region, including Naperville, Barrington, Aurora, Frankfort, DuPage County, Will County and many others affected by the potential acquisition of the EJ&E by Canadian National have come together to create The Regional Answer to Canadian National. TRAC provides a unified voice opposing the acquisition, clearly communicating concerns related to the transaction and identifying the key negotiation points for discussion with any entity that would propose to significantly increase freight traffic on the EJ&E.
On April 1, 2008, the City Council authorized the expenditure of up to $10,000 for lobbyist and public relations expenses to represent the city's concerns and opposing the Canadian National Proposed Acquisition of the EJ&E. Several other agencies have also dedicated funds, or are in the process of dedicating funds to the effort.
Process for STB Consideration
The STB can approve the transaction as proposed by CN; disapprove the transaction; or approve the transaction with conditions, including environmental conditions, to offset or reduce the potential impacts of the proposed acquisition. The Section of Environmental Analysis (SEA) is the office within the STB that is responsible for directing the environmental review process, conducting the independent analysis of all environmental data, and making an environmental recommendation to the Board. The SEA recommendation to the Board will include an Environmental Impact Statement (EIS). The Board will consider the entire environmental record, including all public comments submitted during the environmental review process, before making a final decision
A consultant working for the STB is currently completing the EIS. The draft EIS is anticipated to be released for public comment in late summer 2008. When the EIS is released, the STB will hold public meetings in the region to allow for public review and comment on the document. It is critical that the STB allow enough time for effective public review of the document. It is also critical that the residents and businesses affected by this transaction take the opportunity to be involved in the process. The City of Naperville will publicize the dates and times of these meetings as soon as they are available.
Public Involvement
The STB and your federal legislators need to hear from you about how the impacts of this transaction, including congestion and noise, will affect your life. You are encouraged to write to the STB to relay your concerns. A link to a sample letter is provided below. You can use that letter or draft one that communicates your personal concerns about the transaction. Please copy your federal legislators so they know how important of an issue this is to the Chicagoland region. Without your voice, the STB will not understand the impact on our community.
Letters should be sent to:
The Honorable Anne K. Quinlan, Acting Secretary
Surface Transportation Board
395 E. Street SW
Washington, DC 20423-001
Docket # 35087
Canadian National Railway Company and
Grand Trunk Corporation - Control-
EJ & E West Company
Copies should be sent to:
The Hon. Richard Durbin
United States Senate
John C. Kluczynski Federal Building
230 S. Dearborn Street - Ste. 3892
Chicago, IL 60604
The Hon. Judy Biggert, IL-13
United States House of Representatives
6262 South Route 83 # 305
Willowbrook, IL 60527
Frequently Asked Questions
Who is the Surface Transportation Board (STB)?
The STB was created by the ICC Termination Act of 1995, Pub L. No. 104-88, 109 Stat. 803 (1995), on January 1, 1996, to assume some (but not all) functions of the Interstate Commerce Commission (ICC), particularly those related to the regulation of freight railroads. The Board is an independent federal regulatory agency with jurisdiction over certain surface transportation matters, including mergers and acquisitions.
What is the Section of Environmental Analysis and What Does it Do?
The Section of Environmental Analysis (SEA) is the office within the Board responsible for directing the environmental review process, conducting an independent analysis of all environmental data, and making an environmental recommendation to the Board.
As part of the environmental review process for this proposed acquisition, SEA will complete an Environmental Impact Statement (EIS). The Board will consider the entire environmental record, including all public comments submitted during the environmental review process, before making a final decision.
SEA is composed of a highly trained staff of administrative, legal and environmental specialists. SEA is headed by the Chief of the Section of Environmental Analysis.
How do I Find Information on Projects Currently Before the Board?
Visit the Board's Web site at www.stb.dot.gov. The Board maintains an electronic public docket and information system designed to expand public access.
Call to Action Public Meeting Held JULY 23, 2008
The City of Naperville along with the City of Aurora and Village of Plainfield hosted a Call to Action Public Meeting which took place on Wednesday, July 23 at Waubonsie Valley High School’s Gold Campus, 1305 Long Grove Drive, Aurora. For more information on the event, contact Karyn Robles, Transportation Team Leader, at (630) 548-1133 or roblesk@naperville.il.us.
At the Call to Action Public Meeting, residents were asked to sign two letters and add their personal comments expressing their concerns about the proposed acquisition, to be sent to the Surface Transportation Board and to our Congressional representatives. If you were unable to attend the meeting, you can use one of these letters or draft one that communicates your personal concerns about the transaction.
Following are the materials posted during the July 23, 2008 Call to Action Public Meeting:
Public Open House Materials (February 13, 2008)
On February 13, 2008, the City of Naperville hosted a public open house regarding the proposed acquisition of the EJ&E Railroad by CN. Following are the materials posted during that meeting:
Following is the Naperville Notice distributed during this meeting:
City of Naperville’s Comments of the Request for Review Process Time Limits
On May 30, 2008, the City of Naperville sent its comments to the Surface Transportation Board opposing the Canadian National's request for time limits to be set for the NEPA review process and final decision. Following is a copy of the letter that was submitted:
City of Naperville's Comments on the EIS
On February 15, 2008, the City of Naperville sent its comments on the draft scope of the Environmental Impact Study to the Surface Transportation Board. Following is a copy of the letter that was submitted:
City of Naperville's Comments on the Draft Environmental Impact Statement
On September 30, 2008, the City of Naperville sent its comments regarding the Draft Environmental Impact Statement (DEIS) to the Surface Transportation Board. The Draft Environmental Impact Statement (EIS) was released by the STB on Friday, July 25, 2008. The draft EIS evaluates the potential environmental impacts such as impacts to wetlands and wildlife, noise and future traffic operations, which could result from the proposed acquisition of the EJ&E Railroad by the CN. A copy of the Draft EIS can be viewed online.
Following is a copy of the letter that was submitted:
Sign Up for CN/EJ&E e-News
As a courtesy to its residents and businesses interested in news about the proposed acquisition of the EJ&E Railroad by the CN Railroad, the City of Naperville will periodically provide e-mail updates regarding the project.
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