DOCKET NO.  TR-970860 Page 1
BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of   ) 
THE BURLINGTON NORTHERN AND ) DOCKET NO.  TR-970860
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 Steilacoom, 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 Steilacoom, 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repealed.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.  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 Steilacoom 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 the freight and passenger train speed 
limits in the city of Steilacoom at 50 mph.  The Railroad has agreed to keep 
the speed limit at 50 mph from Mile Post 14.3 to 15.7.  Curve geometries 
indicate that a permanent speed restriction of 60 mph is appropriate for 
passenger trains from Mile Post 15.7 to 16.6.

  Commission staff has investigated the conditions in Steilacoom as they relate 
to the proposed speed limits.   The public crossing in Steilacoom is under 
construction as is the ferry landing immediately north of the public crossing.  
Speed limits at that crossing should not be increased due to the construction 
and the traffic patterns at the crossing.  A private pedestrian crossing at a 
city park is on a blind curve.  Speed limits should not be increased in that 
area.  As a result of these conditions, the petitioners have agreed to a speed 
limit of 50 mph in the areas near these crossings.  There are no other 
substantial safety problems along the tracks related to train speeds.

  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 those mentioned above.  The investigation 
discloses that operation of passenger and freight trains at 50 mph from the 
northern corporate limits to Union Avenue will not create a safety hazard under 
current conditions if the Railroad and Amtrak comply with FRA restrictions and 
their own internal standards.  Operation of passenger and freight trains at 79 
mph and 60 mph respectively in the area west and south of Union Avenue will not 
create a safety hazard under the same conditions.  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 permanent speed restriction for passenger trains is more than 10 
mph less than the maximum possible speeds.  The Commission and city should be 
notified when Amtrak  intends to operate trains in the specified area at speeds 
greater than 10 mph above the proposed permanent speed restriction.  Such 
advance notification will give the Commission an opportunity to investigate 
potential safety conditions.  Thirty days is sufficient notice to allow such 
investigation and does not impose an undue burden on the Railroad, Amtrak or 
interstate commerce.  The permanent speed restriction for freight trains is 
within 10 mph of the maximum and need not be noted.

  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 Steilacoom 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 Steilacoom 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 50 mph from Mile Post 14.3 to 
Mile Post 15.7 and 79 mph from Mile Post 15.7 to Mile Post 16.6.

  b. The maximum freight train speed shall be 50 mph from Mile Post 14.3 to 
Mile Post 15.7 and 60 mph from Mile Post 15.7 to Mile Post 16.6.

  c.  Amtrak shall notify the Commission and the city 30 days prior to 
increasing train speeds more than 10 mph above the permanent speed restriction 
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 24th day of September 1997.



  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner