BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Petitioner, vs. SEDRO-WOOLLEY, WASHINGTON AND THE BURLINGTON NOTHERN SANTA FE RAILROAD COMPANY, Respondents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DOCKET TR-001213 ORDER GRANTING PETITION TO INSTALL “EXEMPT” SIGNS AT THE TOWNSHIP ROAD HIGHWAY-RAIL GRADE CROSSING D.O.T. 085016G W.U.T.C. 2C 22.00 BACKGROUND 1 On August 10, 2000, the Washington Utilities and Transportation Commission filed a petition on its own motion seeking authority to direct the installation of “Exempt” signs at a grade crossing. The crossing is located at the intersection of the tracks of the Burlington Northern Santa Fe Railroad Company (BNSF) and Township Road, in Sedro-Woolley, Washington. 2 The Respondents consented to the entry of an order by the Commission without further notice or hearing. DISCUSSION 3 Township Road, in the vicinity of the crossing, is classified as a rural major collector, with approximately 1,000 vehicles that use the crossing daily. The crossing is also part of a designated bus route for school buses that serve the surrounding communities. 4 The track intersecting Township Road is a spur that is owned by BNSF. The track is overgrown with vegetation and ends 330 feet east of the Township Road crossing. Representatives of BNSF acknowledged that the track is inactive and that the railroad does not intend to resume operations on the line. Furthermore, BNSF expressed interest in removing the segment of track that crosses Township Road in the future, when funding for the removal is available. 5 The crossing is equipped with passive warning devices, including crossbucks and advance warning signs. Regardless of the fact that the track is not active, RCW 46.61.350 directs that school buses, other buses carrying passengers for hire, and transporters of hazardous materials must stop at all passive highway-rail grade crossings except “...Any railroad grade crossing at which an official traffic control device as designated by the Utilities and Transportation Commission pursuant to RCW 81.53.060 (Exempt sign) gives notice that the stopping requirement imposed by this section does not apply.” 6 Drivers of buses that are currently required to make stops at the Township Road crossing have requested that the Commission direct the installation of Exempt signs due to the unnecessary nature of the stopping requirement at the crossing. The installation of Exempt signs will relieve buses and other vehicles required to stop at the crossing of this obligation and would contribute to the improved flow of traffic in the vicinity. 7 Commission Staff filed this petition upon an investigation of a request from bus drivers that serve the vicinity where the crossing is located, and recommended that the installation be directed. 8 The Commissioners have reviewed the petition and have been fully advised in the matter. They believe that granting the petition, subject to the conditions set forth below, is in the public interest, and direct the Secretary to issue the order. ORDER 9 THE COMMISSION GRANTS the petition for installation of Exempt signs at the highway-rail grade crossing located at the intersection of Township Road and the Tracks of the Burlington Northern Santa Fe Railroad Company in Sedro-Woolley, Washington, designated as WUTC 2C 22.00, subject to the following conditions: 1. The railroad must install an R15-3 sign, bearing the word “EXEMPT” below the crossbuck signs for each approach, as specified in the U.S. Department of Transportation Manual on Uniform Traffic Control Devices. 2. The road authority must install a supplemental W10-1a sign, bearing the word “EXEMPT” below the crossbuck signs for each approach, as specified in the U.S. Department of Transportation Manual on Uniform Traffic Control Devices. 3. Upon completing the installation herein authorized, Respondents must report completion to the Commission. Acceptance of the installation is subject to an inspection and report by the Commission, verifying that the installation is in full compliance with law and regulation, and the conditions specified herein. Dated at Olympia, Washington, and effective this 8th day of November, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary