DOCKET NO. TR-970863 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) THE BURLINGTON NORTHERN AND ) DOCKET NO. TR-970863 SANTA FE RAILWAY COMPANY and ) the NATIONAL RAILROAD ) ORDER GRANTING IN PART PASSENGER CORPORATION for ) A PETITION TO CHANGE Modification of Order Regulating the ) TRAIN SPEED LIMITS Speed of Passenger and Freight Trains ) in Centralia, 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(Amtrak) request that orders regulating the speed of passenger and freight train speeds in Centralia, Washington be repealed.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 Centralia 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 train speed limits in the city of Centralia at between 40 mph and 50 mph depending on the location within the city. The passenger train speed limits vary from 40 mph to 65 mph depending on the location in the city. Curve limitations indicate that permanent speed restrictions for purposes of notification of increased speeds should be 55 mph for passenger trains and 45 mph for freight trains between Mile Posts 53.8 and 54.3. Commission staff has investigated the conditions in Centralia as they relate to the proposed speed limits. The crossings in Centralia have appropriate signals, gates and activation circuits. There are no 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. The investigation discloses that operation of passenger trains at 79 mph and freight trains at 60 mph in the city of Centralia 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 permanent speed restrictions are more than 10 mph less than the maximum possible speeds. The Commission and city should be notified when the railroads intend to operate trains through the specified area 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 notice 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 Centralia 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 Centralia at those allowed by the Federal Railroad Adminis- tration 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 (for passenger trains) and the Railroad (for freight trains) shall notify the Commission and the city 30 days prior to increasing passenger 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 day of September 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner