DOCKET NO.  TR-970867 Page 1

BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of   ) 
THE BURLINGTON NORTHERN AND ) DOCKET NO.  TR-970867
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 Vader, Washington.    )
      ) 
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)                                                               

 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 Vader, 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repealed.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 Vader 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 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 Vader at 
75 mph for both passenger and freight trains.  Since the freight train speed is 
higher than that authorized by the FRA, the limit should be changed to 60 mph 
to comply with federal standards.

 Commission staff has investigated the conditions in Vader 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 Vader will not create a safety hazard under existing 
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 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, 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 Vader 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 Vader 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.

 DATED at Olympia, Washington, and effective this 9th day of July, 1997.


  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner