DOCKET NO.  TR-970842 Page 1



BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of   ) 
THE BURLINGTON NORTHERN AND ) DOCKET NO.  TR-970842
SANTA FE RAILWAY COMPANY and )
the NATIONAL RAILROAD    ) ORDER GRANTING IN PART A
PASSENGER CORPORATION for  ) PETITION TO CHANGE
Modification of Order Regulating the  )          TRAIN SPEED LIMITS           
Speed of Passenger and Freight Trains in ) 
in Hatton, Washington.    )
      ) 
      ) 
....................................................................... 
)                                                               

 The Burlington Northern and Santa Fe Railway Company (Railroad) and the 
National Railroad Passenger Corporation (Amtrak) request that orders regulating 
the speed of passenger and freight train speeds in Hatton, Washington be 
repealed.  In the alternative, the Railroad and Amtrak request that speeds be 
set at the maximum limits allowed by the Federal Railroad Administration (FRA) 
without reference to specific speeds.

 The Railroad owns the tracks involved in this petition.  Within the city 
limits of Hatton, the tracks extend from Railroad Mile Post 100.7 TO 101.3.  
The Railroad operates freight trains on its tracks.  Amtrak operates passenger 
trains on the tracks controlled by the Railroad.  The Railroad sets the actual 
operating speeds for freight trains and the maximum speeds for all trains using 
its tracks.   Amtrak sets the actual operating speeds for passenger trains 
within the maximum limits approved by the Railroad.

 The Commission is authorized to set speed limits for trains within the city 
limits of Hatton under RCW 81.48.030 and 81.48.040.  Limits are to be set 
commensurate with the hazards presented and the practical operation of the 
trains.  Federal law limits the Commission’s authority to set speed limits 
lower than those allowed by the FRA to situations in which an essentially local 
safety condition exists, but only if the limits set by the Commission are 
consistent with federal regulations and do not impose an undue burden on 
interstate commerce. The Commission may also limit train speeds at the request 
or agreement of the Railroad and/or Amtrak.

 Eliminating state imposed speed limits is not in the public interest.  It is 
also not in the public interest to issue an order allowing trains to travel at 
the “maximum speeds allowed by FRA” without reference to actual speeds.  
Identifying in the order the actual maximum speeds allowed by FRA provides 
notice to the city, the public and the Commission of the maximum speeds at 
which the Railroad and/or Amtrak will operate in the city.


 The Commission has previously set train speed limits in the city of Hatton at 
50 mph for both passenger trains and freight trains. In September 1997, 
petitioners intend to set permanent speed restrictions of 60 mph for passenger 
trains and 50 mph for freight trains.

 Commission staff has investigated the conditions in Hatton as they relate to 
the proposed speed limits.  City officials and citizens have had substantial 
opportunity to participate in the investigation and the Commission’s process of 
considering the petition.  City officials and citizens have not alerted the 
Commission to any unreasonably dangerous conditions. The investigation 
discloses that operation of passenger trains at 79 mph and freight trains at 60 
mph in the city of Hatton will not create a safety hazard under current 
conditions if the Railroad and Amtrak comply with FRA restrictions and their 
own internal standards.  The investigation also reveals that the speed limits 
requested by the petitioners are needed to maintain operational efficiency and 
the capacity to move substantial amounts of freight. 

 The proposed freight train permanent speed restriction is within 10 mph of the 
maximum possible speed.  The proposed passenger train permanent speed 
restriction is more than 10 mph less than the maximum possible speed.  The 
Commission and city should be notified when Amtrak intends to operate passenger 
trains through the city at speeds greater than 10 mph above the proposed 
permanent speed restrictions.  Such advance notification will give the 
Commission an opportunity to investigate potential safety conditions.  Thirty 
days is sufficient to allow such investigation and does not impose an undue 
burden on the Railroad, Amtrak or interstate commerce.

  The Commissioners, having reviewed the petition and being fully advised in 
the matter, believe that denying the petition in part, and granting in modified 
form the request for speed limits at those allowed by the FRA subject to the 
conditions set forth below, is in the public interest.

       O R D E R

  WHEREFORE, IT IS HEREBY ORDERED that the petition of the Railroad and Amtrak 
to rescind all orders setting train speeds in the city of Hatton shall be, and 
the same is hereby, denied.

  IT IS FURTHER ORDERED that the petition of the Railroad and Amtrak to set the 
train speed limits in the city of Hatton between Railroad Mile Post 100.7 and 
101.3 at those allowed by the Federal Railroad Administration shall be, and the 
same is hereby, granted in modified form as follows:

   a.  The maximum passenger train speed shall be 79 mph.

  b.  The maximum freight train speed shall be 60 mph.
  
  c.  Amtrak shall notify the Commission and the city 30 days prior to 
increasing train speeds more than 10 mph above the internal permanent speed 
restrictions referenced above.  The notice shall include the proposed speed, 
the estimated date on which the speed will be increased, and the change in 
circumstances which allows the increased speed.  This is a notice requirement 
only and shall not limit the ability of the Railroad and/or Amtrak to increase 
speeds up to the maximums set forth above.


 DATED at Olympia, Washington, and effective this 30th day of July 1997.



  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      SHARON L. NELSON, Chairman



      WILLIAM R. GILLIS, Commissioner