04.21.10

Durbin, Bean: While Canadian National Continues to Ignore Safety Rules Surface Transportation Board Should Respond Decisively

[WASHINGTON, D.C.] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Congresswoman Melissa Bean (D-IL) today urged the Surface Transportation Board (STB) to consider exercise its statutory authority on Canadian National (CN) after hearing of the company’s dangerous underreporting of more than 1,400 blocked crossings.
 
“CN should not be allowed to under report the true impact of its operations at roadway crossings,” the Illinois members wrote.  “Community officials and first responders need accurate, complete information to properly plan and implement mitigation efforts to deal with crossings that are consistently blocked for ten minutes or more.  Failure to report these blocked crossings could literally endanger people’s lives.”
 
In reaction to local concern, the STB ordered a third-party audit of CN’s compliance with STB mandates – community outreach, reporting on crossings, safety upgrades, among others.  According to the audit, released earlier today, CN is not reporting instances when very slow moving trains are blocking crossings.  There were a total of 1,457 instances in just a two-month period on the EJ&E mainline when the crossing had been blocked for a total of 10 minutes or more.
 
Durbin and Bean commended STB Chairman Dan Elliot and his staff for their aggressive oversight of CN’s compliance: “Thank you for your continued attention to the communities affected by the Canadian National (CN) Railway Company’s acquisition of the Elgin, Joliet and Eastern (EJ&E) railroad.  Your recent trips to the area and outreach to our constituents living and working along the EJ&E are appreciated.”
 
In addition to the audit, the STB issued a decision based on the audit’s findings.  Their decision calls for a public hearing on April 28, 2010 to discuss the implications of CN’s lack of compliance with STB’s mandates.  In the meantime, the STB has ordered CN to accurately report all blocked crossing data.

[Full text of letter below]


Dear Chairman Elliot

We would like to thank you for your continued attention to the communities affected by the Canadian National (CN) Railway Company’s acquisition of the Elgin, Joliet and Eastern (EJ&E) railroad.  Your recent trips to the area and outreach to our constituents living and working along the EJ&E are appreciated.  The STB decision you announced today is further evidence of a disturbing trend of CN flouting STB safety rules and reporting. We are writing to encourage you to conduct vigorous oversight of CN and consider the use of penalties and fines if CN is found to have violated your orders.

The audit has found that CN has not reported over 1,400 blocked crossing incidents over the last two months of 2009.  CN should not be allowed to under report the true impact of its operations at grade-level crossings of roadways.  Community officials and first responders need accurate, complete information to properly plan and implement mitigation efforts to deal with crossings that are consistently blocked for ten minutes or more.  Failure to report these blocked crossings could literally endanger people’s lives.
 
This significant omission builds on CN’s record of rejecting its Board-mandated responsibilities.  As you know, CN is currently challenging STB’s requirement that CN fund a portion of two grade separations in Lynwood and Aurora, Illinois.
 
The hearing you have scheduled for later this month can provide an opportunity to hold CN accountable for their actions.  We encourage you to use this opportunity to consider whether CN has knowingly omitted this important information to the Board and exercise the authorities given to you under the law.
 
Your recent oversight and audit shows, yet again, that despite its promises, CN has not shown that it has the interests of Illinois residents in mind. Their recent corporate actions consistently put the bottom line ahead of the affected communities.  Your recent findings cast doubt not only on the legitimacy of CN’s reporting, but calls into question the reliability of other commitments and agreements CN has made.
 
We encourage you to use your full authority to see CN meets its requirements and we will continue working with you to ensure that happens.
 
Sincerely,

Dick Durbin
U.S. Senator
 
Melissa Bean
U.S. Representative