DOCKET NO. TR-970843 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) THE BURLINGTON NORTHERN AND ) DOCKET NO. TR-970843 SANTA FE RAILWAY COMPANY and ) the NATIONAL RAILROAD ) ORDER GRANTING PETITION TO PASSENGER CORPORATION for ) CHANGE TRAIN SPEED LIMITS Modification of Order Regulating the ) ON CONDITION Speed of Passenger and Freight Trains in ) in Krupp, Washington. ) ) ) ....................................................................... ) The Burlington Northern & 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(Amtrak) request that orders regulating the speed of passenger and freight train speeds in Krupp, Washington be repealed.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 Krupp, the tracks extend from Railroad Mile Post 1568.55 to 1569.8. 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 Krupp 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 (79 mph for passenger trains and 60 mph for freight trains) provides notice to the city, the public and the Commission of the maximum possible speeds at which the Railroad and/or Amtrak could operate. The Commission has previously set train speed limits in the city of Krupp at 79 mph for passenger trains and 50 mph for freight trains. Actual operating speeds for passenger trains are currently 70 mph for passenger trains. The signals and gates for the one public crossing in Krupp need to be upgraded before higher speeds are effected. A project to do so has previously been approved by the Commission. The Railroad and Amtrak have agreed to limit passenger train speeds to 70 mph and freight train speeds to 50 mph through the mentioned crossing until the project is completed and inspected by Commission staff. Commission staff has investigated the conditions in Krupp 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 other than the signal warning devices at the crossing mentioned above. The investigation discloses that operation of passenger trains at 79 mph and freight trains at 60 mph in the city of Krupp will not create a safety hazard under current conditions (after the signal project is completed) if the Railroad and Amtrak comply with FRA restrictions and their own internal standards. FRA rules limit passenger train speeds to 74 mph on Railroad curve 1570. The Railroad and Amtrak can increase the passenger train speed on that curve to 79 mph without a significant impact on safety conditions if changes to the curve geometry allows such speed under FRA rules. Curve geometries do not limit freight train speeds. 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 Krupp 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 Krupp between Railroad Mile Posts 1568.55 and 1569.8. at those allowed by the Federal Railroad Administration shall be, and the same is hereby, granted in modified form as follows: a. The freight train speed limit shall be 60 mph through the city of Krupp; however, freight train speeds shall not exceed 50 mph until: the previously approved project to upgrade the signals and gates at the railroad-highway grade crossing in the city is completed; the Commission and city are notified in writing of the upgrades; and the Commission issues a letter to the petitioners stating that the upgraded crossing has been inspected and approved. b. The passenger train speed limit shall be 79 mph through the city of Krupp; however, passenger train speeds shall not exceed 70 mph until: the previously approved project to upgrade the signals and gates at the railroad-highway grade crossing in the city is completed; the Commission and city are notified in writing of the upgrades; and the Commission issues a letter to the petitioners stating that the upgraded crossing has been inspected and approved. DATED at Olympia, Washington, and effective this 26th day of June 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner