BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of  ) 
THE NATIONAL RAILROAD  )  
PASSENGER CORPORATION  ) DOCKET NO.  TR-991834
for a temporary increase in train speed )      
limits in certain cities.    ) ORDER GRANTING PETITION TO
       ) TEMPORARILY INCREASE TRAIN             )     SPEED LIMITS 
       )
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . .)

 The National Railroad Passenger Corporation (Amtrak), through the Washington 
State Department of Transportation, requests that train speed limits be 
increased temporarily in the cities of Edmonds, Mukilteo, Mt. Vernon, Ferndale, 
and Blaine.  Amtrak requests that the limits be increased to the maximum 
allowed under the Federal Railroad Administration rules for trains with “tilt” 
technology for the period December 1, 1999, through December 4, 1999.  The 
increases will apply only to passenger trains using Talgo passenger cars (cars 
with “tilt” technology) purchased by the Washington State Department of 
Transportation.
 
 The Commission is authorized under RCW 81.48.030 and 81.48.040 to set speed 
limits for trains within the limits of the cities listed above.  Limits are to 
be set commensurate with the hazards presented and the practical operation of 
the trains.  The Commission may raise and lower such limits from time to time 
as conditions warrant.  Federal law, however, restricts the Commission’s 
authority to set speed limits lower than those allowed by the Federal Railroad 
Administration to situations in which an essentially local safety condition 
exists, and 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 a 
railroad.

 Federal Railroad Administration rules restrict train speeds in curves based 
upon curve geometries.  The higher the outside rail the faster a train can 
travel safely.  The rules allow trains to travel at speeds such that the 
outside rail is three inches lower than the elevation at which all forces are 
perpendicular to the plane of the rails (three inches of cant deficiency).  New 
technology (“tilt” trains) allows trains to safely negotiate curves at speeds 
higher than those allowed by Federal Railroad Administration rules.  After 
extensive testing, the Federal Railroad Administration granted Amtrak a waiver 
to travel at speeds such that the outside rail is six inches lower than the 
elevation at which all forces are perpendicular to the plane of the rails.  The 
ability to negotiate curves with six inches of cant deficiency allows much 
higher speeds. 

 Shortly after the waiver was granted to Amtrak on January 7, 1998, Amtrak 
began to operate revenue service passenger trains between Tacoma and Vancouver 
at the greater speeds allowed by the waiver and certain  speed limit increases 
granted by the Commission.  However, speeds were not increased between Seattle 
and Blaine.  

 Amtrak will be seeking speed limit increases in the Seattle to Blaine corridor 
from the Commission in the year 2000.  Before it can do so, it must retest the 
tracks and tilt trains at the speeds allowed by the federal waiver.  Petitioner’
s request in this docket is designed to allow it to perform the needed tests.  
It proposes to run one train from Seattle to Blaine and back on December 1, 
1999, at test speeds, and one train on December 2, 1999.  If problems occur or 
postponements are necessary, December 3 and December 4 need to be available for 
completing the tests.  Test speeds will not exceed 79 mph.  Amtrak intends to 
travel at 79 mph through Edmonds, 70 mph through Mukilteo, between 68 mph and 
79 mph in Mt. Vernon, between
52 mph and 79 mph in Ferndale, and at 58 mph in Blaine.
 
 The federal waiver granted to Amtrak imposes conditions on testing that 
eliminate almost all safety concerns.  Additionally, all public crossings over 
which the tests will be conducted will be controlled by flaggers as well as 
automatic crossing signals.  There are no essentially local safety conditions 
that warrant imposition of lower speed limits for the short duration of the 
proposed testing as long as the federal requirements are followed.  However, 
staff believes that it is reasonable to require Amtrak to notify the law 
enforcement agencies in the effected cities, and to perform all testing during 
daylight hours.  

 The Commissioners, having reviewed the petition and being fully advised in the 
matter, believe that granting the petition, subject to the conditions set forth 
below, is in the public interest.

       O R D E R

 THE COMMISSION ORDERS that the petition of Amtrak to temporarily increase the 
speed limits in Edmonds, Mukilteo, Ferndale, Mt. Vernon, and Blaine to those 
allowed by the Federal Railroad Administration is granted subject to the 
following conditions:

 1.  Increased speeds shall be effective only from December 1, 1999, and 
December 4, 1999.  Speeds shall not exceed 79 mph. 

 2.  Increased speed limits apply only to nonrevenue passenger trains for which 
all cars are equipped with “tilt” technology, and only for purposes of 
retesting required by the Federal Railroad Administration waiver dated January 
7, 1998, which was filed with the petition in this docket.

 3.  All conditions and safety precautions contained in the Federal Railroad 
Administration waiver shall be followed.  The waiver is attached to this order 
and incorporated by this reference.

 4.  Amtrak or its agents shall flag all public crossings through which testing 
will be conducted in the effected cities.

 4.  Testing shall be conducted only during daylight hours.

 5.  Amtrak shall notify the chief law enforcement officer of each city of the 
temporary speed increases.


 DATED at Olympia, Washington, this 30th day of November, 1999.


  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      CAROLE WASHBURN
      Executive Secretary