Agenda Date: August 27, 1997 Item Number: Docket Numbers: TR-970837, TR-970838, TR-970849, TR-970856, TR-970857, TR-970863, TR-970864, TR-970869 Cities Affected: Cashmere, Cheney, Wenatchee, Gold Bar, Sultan, Centralia, Chehalis, Kelso Company Name: The Burlington Northern and Santa Fe Railway Company National Railroad Passenger Corporation Staff: Alan Scott, Rail Operations Manager Penny Hansen, Public Involvement Coordinator The following applies to all of the cities mentioned above. Discussion about each city is attached separately. General Recommendation: Deny the railroads’ request to repeal the orders setting train speed limits in each city. Approve the alternative request to set speed limits at the maximum levels allowed by the Federal Railroad Administration in modified form as follows: Increase the passenger train speed to 79 mph and the freight train speed to 60 mph in each city. Current internal permanent speed restrictions set by the railroads should be noted but not specifically ordered. The Burlington Northern & Santa Fe Railway Company should be required to notify the commission and each affected city 30 days prior to increasing freight train speeds more than 10 mph above the noted permanent speed restriction; and Amtrak should be required to notify the commission and each affected city 30 days prior to increasing passenger train speeds more than 10 mph above the noted permanent speed restriction. Background: The National Railroad Passenger Corporation (Amtrak) and The Burlington Northern & Santa Fe Railway Company (BNSF) petitioned the Washington Utilities and Transportation Commission to repeal the commission orders setting speed limits for passenger and freight trains within each city. In the alternative, the petition requests that the limits be changed to those allowed by the Federal Railroad Administration (FRA) for the class of tracks maintained through the cities. BNSF is the owner of the tracks involved in the petitions. It sets the operating speeds for freight trains. Amtrak operates passenger trains on BNSF tracks and sets operating speeds for passenger trains within the limits approved by BNSF. Increased freight train speeds are needed to support the growth of the Ports of Seattle, Tacoma and Vancouver which are served by the freight business handled by BNSF. Increased speeds Dockets: TR-970837, TR-970838, TR-970849, TR-970856, TR-970857, TR-970863, TR-970864, TR-970869 August 27, 1997 Page 1 will improve the efficiency of freight train operations as well as increase the capacity of the lines serving the ports. Increased passenger train speeds will improve the efficiency and service levels of Amtrak operations. FRA limits are 79 mph for passenger trains and 60 mph for freight trains. Internal policies of BNSF and Amtrak require lower speeds depending on track curvature and other operating considerations. The commission is authorized by state law to set and regulate train speed limits within certain classes of cities within the state. This authority is limited by federal law. The commission may set speeds lower than those allowed by the FRA if the lower speed is necessary to eliminate or reduce a local safety hazard, or upon agreement of the railroad or the limitations requested in the petition. Eliminating state imposed speed restrictions would preclude the commission from being able to review safety conditions within a city prior to further significant increases in train speeds. Staff believes that checking crossing protection and circuitry, curve geometries and general safety conditions is important to the safety of the citizens of each city, and fulfills the commission’s obligation to set train speeds under state law. Train speeds should be set rather than eliminated, and any future significant increases reviewed according to the criteria just mentioned. Staff recommends that the limits on speed set by the railroads within each city be noted in the order; however, the railroads should not be required to file another petition to increase limits if physical or policy limitations change. Staff requests only that the order require the railroad to provide advance notice of any significant speed increases within a covered city. Noting the current speed limitations allows each community to know the current maximum operating speed to which its citizens will be exposed. Requiring the minimal obligation of advance notice of significant changes allows the communities to be aware of exposure to increased speeds, and allows commission staff to investigate current conditions for safety problems. Staff has concluded that speed increases of up to 10 mph are not sufficiently significant to cause a safety concern; however, increases of more than 10 mph have that potential. Commission staff informed the mayor of each city by letter of the railroads’ petition. Informal public meetings were held in the winter and spring of 1997 in Monroe, Cheney, Ritzville, Wilson Creek, Wenatchee, Stevenson, Kalama, and Centralia to solicit information about citizen concerns and safety problems. Staff inspected the grade crossings and general conditions along the tracks in each city. Grade crossing circuitry information was obtained from BNSF, and curve geometry data was obtained from the FRA. The mayor of each city was informed by letter of the details and results of the investigation along with staff’s recommendation. Other General Comment: At the informal public meeting held in Wenatchee, the following comment was made that is general in nature: A couple shared their experience with the railroad. The husband stood to ask the railroad questions about its safety record. He specifically asked about crossing gates and lights and the malfunction protections designed for them. He then shared his experience with the railroad. He was traveling home with his four year old daughter. He came to a crossing (in Yakima) and the gates and lights were not activated so he proceeded to cross the tracks. About in the middle of the crossing his car was hit by the train and his daughter was killed on impact. Later in the meeting his wife stood to address some more safety issues with the railroad. She too shared her experience with the railroad. She pulled a 11x18 portrait of her four year old daughter to show the panel and the other participants at the meeting why they shouldn’t trust the “fail proof” safety devices. The couple indicated that after the investigation of the accident it was found to be caused by faulty equipment. The couple attended this meeting to show a human side of the proposals to increase train speeds and believe the speeds should not be increased any where in the state. Conclusion: Deny the railroads’ request to repeal the orders setting train speed limits in each city. Approve the alternative request to set speed limits at the maximum levels allowed by the Federal Railroad Administration in modified form as follows: Increase the passenger train speed to 79 mph and the freight train speed to 60 mph in each city. Current internal permanent speed restrictions set by the railroads should be noted but not specifically ordered. The Burlington Northern & Santa Fe Railway Company should be required to notify the commission and each affected city 30 days prior to increasing freight train speeds more than 10 mph above the noted permanent speed restriction; and Amtrak should be required to notify the commission and each affected city 30 days prior to increasing passenger train speeds more than 10 mph above the noted permanent speed restriction. TR-970837 City of Cashmere Introduction: The freight train speed limit is 40 mph. It was set in 1990 in cause number TR-2248. The passenger train speed limit is also 40 mph, and was set in 1995 in cause number TR-2316. The permanent speed restrictions which should be used for purposes of notice of future speed increases are 40 mph for both passenger and freight trains. Public Comment: The following comments were made at the informal public hearing held in Wenatchee: A Cashmere School District representative indicated that the crossings at Division Street, Main Street, and Monitor has poor visibility. The vegetation in the Monitor area is bad. He stated that school buses have been caught between the crossings because of the bad visibility. He believes that trucks and buses do not have enough time to safely cross the tracks. Another resident also agreed that the Division Street is a dangerous crossing. Trains are being parked in the am/pm at the switching yards which doesn’t help the visibility. The Mayor of the City of Cashmere stated concerns about the train speeds proposed. Currently, the Mayor indicated that with the existing curve and track configurations that the trains could not operate at the currently authorized speeds. The City is concerned about this proposal due to the curvature of the tracks which could possibly cause a derailment, and that pedestrians cross the tracks at locations other than protected crossings. Discussion: The crossings in Cashmere have appropriate gates and signals. No unusual problems were noted at the crossings. There are not any other obvious safety problems near the tracks in the city. The city has expressed concern about trespassing; however, an inspection of the area did not reveal a clear inducement that could cause a major problem. The city also expressed concerns about sight distances at crossings; however, the crossings have gate arms which eliminates the need for good sight distances. The Monitor area mentioned in the public comment is outside the city of Cashmere. Conclusion: Speed limits should be increased to 79 mph for passenger trains and 60 mph for freight trains. The permanent speed restrictions for passenger and freight trains should be noted in the order, and the railroads should be required to give thirty days notice of speed increases of more than 10 mph above the restrictions. TR-970838 City of Cheney Introduction: The freight train speed limit is 35 mph. It was set in 1952 in cause number T-8834. The passenger train speed limits were set in 1989 in cause number TR-2249 at: 45 mph from Mile Post 15.1 to Mile Post 15.9; 75 mph from Mile Post 15.9 to Mile Post 17.4. The permanent speed restrictions which should be used for purposes of notification of future speed increases are 45 mph for passenger trains and 35 mph for freight trains. These should be identified in the order for the area from Mile Post 15.1 to 15.9. Discussion: The crossings in Cheney have appropriate signals and gates except for the crossing at Washington Street. There are only crossbucks at that crossing. A petition to close that crossing, which has extremely low vehicular traffic, has been filed with the Commission. All parties favor closure and are close to working out details of incentive payments and a frontage road. There are not any other obvious safety problems near the tracks in the city. At the informal public meeting held in Cheney, concern about whistle blowing was expressed. As indicated above, this is not an issue that can be addressed in a speed case. A second concern involved an area where children use the tracks as a jumping ramp for bicycles. Investigation revealed that this area is on a spur track. The track is sufficiently far from the mainline to make inadvertent encroachment onto the mainline unlikely. The city was urged to work with the owner of the spur, institute Operation Lifesaver programs, and to increase law enforcement activities to prevent bicycle use of the spur track. City officials indicated that the crossing at “H” Street is configured so that if a school bus stops at the main line, the rear of the bus remains on a spur track. Investigation has revealed that the signals and gates are set up at the mainline. The situation is awkward but not considered dangerous because of the very low train speeds on the spur and the infrequency of use. Increasing train speeds on the main line does not increase the danger. The city was urged to work with the owner of the spur line to coordinate train usage of the spurs with school bus usage of the crossing. Conclusion: Train speed limits should be set in Cheney at 79 mph for passenger trains and 60 mph for freight trains. The permanent speed restrictions mentioned above should be noted in the order, and the railroads should be required to notify the commission and the city 30 days prior to increasing speeds more than 10 mph above such restrictions. TR-970849 City of Wenatchee Introduction: The freight and passenger train speed limit is 35 mph between Orondo Avenue and Chehalis Street, and 70 mph in all other areas of the city. The limits were set in 1951 in cause number T-8614. The railroad has agreed to limit speeds to 45 mph between 9th Avenue and roughly one-half mile south of Chehalis Street. This area includes the core downtown area of Wenatchee. The permanent speed restrictions which should be used for purposes of notification of future speed increases are 45 mph for passenger trains and 40 mph for freight trains from Mile Post 1648.7 to 1649.6; and 50 mph for passenger trains and 45 mph for freight trains from Mile Post 1651.3 to 1652.9. Public Comment: The following comments were made at the informal public meeting held in Wenatchee: A representative from the Wenatchee Downtown Association stated the Wenatchee’s downtown area is changing drastically. The Convention Center has approx. 200,000 people annually attending major events. The trains block the crossings at lunch time. The crossings that are blocked are the only access out of the business area. This creates a problem for people who need to leave to get their lunch let alone to the disruption it causes operating businesses. She indicated that people are going around the arms at North and Orondo streets. There are a lot of people crossing at both North and Orondo. The Convention center is located on 5th street which is very populated at times. The Assistant Chief of Fire and Rescue spoke of two experiences from train incidents. One with hazardous materials which was emitting green nauseous fumes when he arrived at the scene. He stated concern about the various types of hazardous materials which are being shipped through Wenatchee. He is concerned about the lack of information on the types of materials the freight trains are hauling. The department wouldn’t know if it should evacuate the town and to begin emergency procedures until it knows the contents of the train. With higher speeds the potential for a catastrophe is much greater - the tracks pass a large propane, gas and ammonia storage area. A derailment at higher speeds will send the rail cars in every direction and the speed or the cars will drastically be increased creating more damage. The fire department is very concerned about the convention center and the level of tourist activities which are either very close to the tracks or requires traffic to cross the tracks. A representative from the City of Wenatchee agreed with concerns stated by the Fire Department. He indicated that the railroad bisects the community. The impact to the people of the city is its major concern. He stated that a Public Utility District has a park on both sides of the river which contain a 11 mile trail system, a boat ramp, sporting events and various other activities. The City is concerned about the industrial area - this area is scheduled to have more businesses brought there which will increase traffic to cross the tracks. The City would like to see the addition of two grade crossings - one on the North side and the other on the South side. The trucks have to cross the tracks from Eagle Hardware - this is the biggest hardware store in Wenatchee which will have a lot of traffic crossing the tracks to shop too. On August 20, 1997, staff received a letter from the mayor of Wenatchee objecting to the speed increases. The letter reiterated the concerns expressed above. It also emphasized the problems of people walking across the tracks near the convention center. When trains block the crossings, people are also crawling through the trains to get to the other side. Discussion: All of the crossings in Wenatchee have appropriate signals and gates. The tracks are separated from the downtown district and housing and park areas by industries and warehouses. Obvious significant safety concerns were not found along the tracks. There is a wide separation between the convention center and the tracks, and the tracks and the park along the river. Public crossings are available in the area, including an undercrossing. However, partly due to the trespassing concerns and concerns about trains blocking crossings, and partly due to operational considerations, the railroad has agreed to hold speeds to 45 mph in the core area of the city. That includes the convention center area as well. Fear of derailments was also expressed at the public meeting. The possibility of derailments cannot be considered by a state in setting speed limits because that concern was addressed by the federal government in setting the federal maximums mentioned above. Conclusion: The speed limits in Wenatchee should be changed to 79 mph for passenger trains and 60 mph for freight trains except in the downtown core area where limits should be set at 45 mph for both passenger and freight trains. The permanent speed restrictions mentioned above should be noted in the order, and the railroads should be required to notify the commission and the city 30 days prior to increasing speeds more than 10 mph above such restrictions. TR-970856 City of Gold Bar Introduction: The freight and passenger train speed limit is 75 mph. It was set in 1951 in cause number T-8618. No permanent speed restrictions are proposed for the city of Gold Bar. Public Comment: The Commission received two letters opposed. Those opposed believe the increased speed proposals are excessive. A resident stated the train whistles are very loud during the middle of the night. Discussion: The city of Gold Bar does not have any public crossings. There are parks and a park and ride lot near the tracks. In most places there is a natural separation between the facilities and the tracks. Staff has not been informed of any problems in these areas. No other significant safety concerns could be identified along the tracks in the city. Conclusion: Train speeds should be increased to 79 mph for passenger trains and 60 mph for freight trains. TR- 970857 City of Sultan Introduction: The freight train speed limit is 50 mph. It was set in cause number T-8186 in 1947. The passenger train speed limit is 65 mph, which was set in 1990 in cause number TR-2248. The permanent speed restriction which should be used for purposes of notification of future speed increases is 60 mph for passenger trains from Mile Post 1760.5 to 1761.5. The freight permanent speed restriction is within 10 mph of the maximum possible speed. Discussion: The public crossings in Sultan have appropriate signals and gates. The two private crossings do not have active warning systems, and there has been a fatal accident at each one. Sight distances are not optimal, but are sufficient for drivers and pedestrians to make an informed decision about whether it is safe to cross. The accidents involved emergency services workers. It appears that in each case the worker’s attention was distracted from the tracks. Subsequent to the accidents the railroad has instituted sounding train horns for the crossings. There have been no further accidents. City officials were concerned about the crossing at 3rd Street. The distance between the tracks and the main highway is short. Investigation reveals that the distance is small, but it is large enough to store one large vehicle such as a logging truck or a bus without the vehicle being hung up on the tracks. There have been no accidents at this crossing. If there was a traffic signal at the main highway, this crossing would be considered for an intertie; however, in the interim, the situation is not sufficiently dangerous to warrant a speed restriction. There are parks along the tracks; however, there are natural barriers between the public usage areas and the tracks. City officials were not interested in fencing these areas. There were no other significant safety concerns along the tracks. Conclusion: Train speed limits should be set at 79 mph for passenger trains and 60 mph for freight trains. The permanent speed restrictions mentioned above should be noted in the order, and the railroads should be required to notify the commission and the city 30 days prior to increasing speeds more than 10 mph above such restrictions. TR-970863 City of Centralia Introduction: The speed limit in Centralia for freight trains was set by the commission in 1988 (TR-2143) at 40 mph except that it is 50 mph from Mile Post 52.2 to Mile Post 53.1. The passenger train speed limit was set by the commission in 1990 (TR-2251) as follows: 65 mph from Mile Post 52.1 to Mile Post 53.7; 40 mph from Mile Post 53.7 to Mile Post 55.2; and 65 mph from Mile Post 55.2 to Mile Post 55.8. The permanent speed restrictions which should be used for purposes of notification of future speed increases are 55 mph for passenger trains and 45 mph for freight trains from Mile Post 53.7 to 54.3. Discussion: The public vehicle crossings have appropriate signals and gates. There are several pedestrian crossings without signals or gates; however, sight distance is sufficient for safety purposes. The pedestrian crossing at Chestnut Street creates some concern because it is used by children going to and from Washington Elementary School; however, staff believes that it is not sufficiently unusual or dangerous to warrant a speed restriction. The city has been advised about Operation Lifesaver programs, and it was suggested that parent monitoring of the Chestnut Street crossing before and after school might be useful. There are also a number of apparent trespasser crossings; however, staff has not been advised that there is a large problem. Staff suggested that the city monitor these areas, increase enforcement, use Operation Lifesaver programs, and block these crossings if necessary. On August 20, 1997, a letter was received from the Centralia School District. The assistant superintendent expressed further concern about the pedestrian and trespasser crossings mentioned above. He suggested fencing to resolve the situation. One problem with that solution is that it would block public pedestrian crossings arranged for by the city. Without the city agreeing to remove those crossings, fencing would not solve the problem. The assistant superintendent also indicated that use of parent volunteers is not a viable solution. No other significant problems were noted along the tracks in the city. Conclusion: Speed limits in Centralia should be increased to 60 mph for freight trains and 79 mph for passenger trains. The permanent speed restrictions mentioned above should be noted in the order, and the railroads should be required to notify the commission and the city 30 days prior to increasing speeds more than 10 mph above such restrictions. TR-970864 City of Chehalis Introduction: The freight train speed limit is 40 mph, which was set in 1988 in cause number TR-2143. The passenger train speed limits were set in cause numbers TR-2143 (1988) and TR-2251 (1990) at: 65 mph from Mile Post 55.8 to Mile Post 57.6; 50 mph from Mile Post 57.6 to Mile Post 58.0; 65 mph from Mile Post 58.0 to Mile Post 58.1; and 75 mph from Mile Post 58.1 to Mile Post 58.3. No permanent speed restrictions are proposed for this city. Discussion: The public crossings in Chehalis have appropriate signals, gates, and activation circuitry. Investigation did not reveal any significant safety problems near the tracks. Conclusion: The speed limits should be changed to 79 mph for passenger trains and 60 mph for freight trains. TR-970869 City of Kelso Introduction: The freight train speed limit is 40 mph, which was set in 1952 in cause number T-8511. The passenger train speed limits were set in 1989 in cause number TR-2251 at; 45 mph from Mile Post 95.0 to Mile Post 96.6; 40 mph from Mile Post 96.6 to Mile Post 98.0; and 60 mph from Mile Post 98.0 to Mile Post 102.2. The permanent speed restrictions which should be used for purposes of notification of future speed increases are 50 mph for passenger trains and 45 mph for freight trains from Mile Post 95.3 to 97.2; and, 60 mph for passenger trains from Mile Post 97.2 to 100.6. Discussion: The public crossings in Kelso have appropriate signals, gates, and activation circuitry. City officials expressed concern about the Allen Street crossing because of accidents which have occurred there and false activations of the warning system. Investigation revealed that the crossing is awkward. There is a steep grade approaching it from the east, and a side street which connects to the road very close to the crossing. Traffic is very heavy over this crossing and it backs up over the crossing because of a traffic signal one block away. Despite these problems, there does not appear to be a major problem. All warning signals and signs are visible, and the gates block the approaches to the crossing. Constant warning circuitry is installed which will keep the warning time the same when the speeds increase. The traffic light is intertied with the crossing. Observations during rush hour indicated that the intertie properly allows traffic to clear the tracks before the arrival of a train. The city was advised about the federal regulations regarding false activations, and about procedures to follow if one occurs. The city also expressed concern about trespassers crossing the tracks to get to the river. Apparent trespasser crossings were noted in several areas north of the Allen Street crossing, but they did not appear to be used extensively. The city was encouraged to monitor these areas and to take appropriate law enforcement and education measures. Conclusion: Train speed limits should be set at 79 mph for passenger trains and 60 mph for freight trains. The permanent speed restrictions recommended above should be noted in the order, and the railroads should be required to notify the commission and the city 30 days prior to increasing speeds more than 10 mph above such restrictions.