BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
In the Matter of the Petition of                   )         
                                                       )
                                                       )
THE BURLINGTON NORTHERN AND      )         DOCKET NO. TR-990655 
SANTA FE RAILWAY COMPANY for       ) 
Modification of Order Regulating the          )         ORDER GRANTING 
Speed of Passenger and Freight Trains          )          PETITION TO CHANGE 
in Auburn, Washington                            )          TRAIN SPEED 
LIMITS                   
                                                       )         
...................................................................... ) 
         The Burlington Northern and Santa Fe Railway Company (Railroad) 
requests that orders regulating the speed of passenger and freight train speeds 
in Auburn, Washington be modified to set the maximum limits at those allowed by 
the Federal Railroad Administration (FRA).
         The Railroad owns the tracks involved in this petition. The Railroad 
operates freight trains on its tracks. The National Railroad Passenger 
Corporation (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. Sound Transit plans to operate commuter trains on the tracks owned by 
the Railroad, and will be subject to the same limits that apply to Amtrak. 
         The Commission is authorized to set speed limits for trains within the 
city limits of Auburn 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.
         The Commission has previously set the freight train speed limits in 
the city of Auburn at rates varying from 40 mph to 60 mph depending on the 
location within the city. The passenger train speed limits vary from 40 to 75 
mph depending on the location within the city. The speed limits set by the FRA 
for the class of tracks maintained through Auburn are 60 mph for freight trains 
and 79 mph for passenger trains. 
         Commission Staff has investigated the conditions in Auburn as they 
relate to the proposed speed limits. There is no reason to postpone speed 
increases except for the area north of railroad mile post 21.6 (3rd Street SW). 
Speed limits between the northern boundary of the city and railroad mile post 
21.6 should not be increased until certain conditions are met. All of the 
crossings except for one private crossing in Auburn have signals and gates. The 
Railroad represented that the activation circuits for the signals are capable 
of operating properly at the higher speeds; however, they agreed to reinspect 
all circuits before allowing trains to operate at higher speeds. The Railroad 
agreed that the safety improvements recommended in the crossing diagnostic 
study performed by Hoy Richards & Associates for Sound Transit will be 
constructed before speeds increase. The recommended improvements include median 
barriers on the west approach to the crossing on 37 th Street and on both sides 
of the West Main Street crossing. The private crossing shall be closed.
         Sound Transit is planning to construct a commuter rail station in 
Auburn. It presents a potential safety hazard for pedestrians unless fencing is 
constructed between the tracks that will funnel pedestrian traffic to 
crossings. Additionally, a pedestrian overpass will be constructed when a 
parking garage is built. As a condition of speed increases, the Railroad should 
not allow any trains to stop at the station before the fencing is completed. 
The Railroad should be required to inform the Commission at least 30 days 
before the station becomes operational so that Commission Staff may inspect the 
station and its surroundings for pedestrian safety. Also, the pedestrian 
overpass must be constructed in conjunction with construction of the parking 
garage.
         City officials and citizens have had substantial opportunity to 
participate in the investiga tion and the Commission's process of considering 
the petition. The City Council passed and submitted an ordinance stating that 
it would not oppose speed increases if appropriate safety improvements were 
completed. Citizens had the opportunity to inform the Commission of any 
unreasonably dangerous conditions at a public meeting on August 31, 1999, and 
at any time by calling or writing the Commission. Staff's investigation and 
input from citizens did not reveal essentially local safety conditions other 
than any that would be eliminated by the improvements mentioned above. 
         The Commissioners, having reviewed the petition and being fully 
advised in the matter, believe that it is in the public interest to grant the 
petition to set speed limits at those allowed by the FRA, subject to the 
conditions set forth below.
                                                        O R D E R
                  IT IS HEREBY ORDERED that the petition of the Railroad to set 
the train speed limits in the city of Auburn at those allowed by the Federal 
Railroad Administration shall be granted subject to the following conditions:
                  a. The maximum passenger train speed shall be 79 mph.
                  b. The maximum freight train speed shall be 60 mph.
                  c. The increased speed limits are effective immediately 
except for the area north of railroad mile post 21.6. 
                  d. Speed limits for the area north of railroad mile post 21.6 
shall not increase until Staff verifies by          declaration filed with the 
Commission that the following conditions have been met:
                           1. Permanent median barriers must be constructed on 
the west approach of the 37th Street crossing                  and on both 
approaches to the West Main Street crossing. 
                           2. The Railroad shall inspect the circuitry at all 
crossings to ensure that it is capable of operating                  properly 
at the higher speeds.
                           3. The private crossing must be closed.
                  e. The Railroad shall not allow the commuter rail station to 
be operated until fencing between the tracks is        constructed. Until the 
tracks can be moved far enough apart to allow construction of a six foot high 
fence,        a three foot high fence will be sufficient so long as security 
guards are present on the platform when         commuter trains are present to 
prevent people from crossing the tracks. The Railroad shall notify the         
Commission 30 days before the commuter rail station becomes operational to 
allow Commission Staff to         inspect the facility and immediate environs 
for pedestrian safety. A pedestrian overpass must be          constructed in 
conjunction with construction of the proposed parking garage. Staff will verify 
satisfaction         of this condition by declaration filed with the Commission.
                  DATED at Olympia, Washington, and effective this day of June, 
2000 
                  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                     MARILYN SHOWALTER,         
Chairwoman
                                                     RICHARD HEMSTAD, 
Commissioner 
                                                     WILLIAM R. GILLIS, 
Commissioner