BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
In the Matter of the Petition of                   )         
                                                       )
                                                       )
THE BURLINGTON NORTHERN AND       )         DOCKET NO. TR-990654 
SANTA FE RAILWAY COMPANY for        ) 
Modification of Order Regulating the          )         ORDER GRANTING 
Speed of Passenger and Freight Trains          )          PETITION TO CHANGE 
in Sumner, 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 Sumner, 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 Sumner 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 Sumner at rates varying from 40 mph to 50 mph depending on the 
location within the city. The passenger train speed limit is 65 mph. The speed 
limits set by the FRA for the class of tracks maintained through Sumner are 60 
mph for freight trains and 79 mph for passenger trains. 
         Commission Staff has investigated the conditions in Sumner as they 
relate to the proposed speed limits. There is no reason to postpone speed 
increases except for the area between railroad mile post 28.0 (immediately 
north of Williams Avenue) to the southern boundary of the city. Speed limits in 
that area should not be increased until certain conditions are met. All of the 
crossings in Sumner 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 at all crossings 
except Maple Street (Zehnder Street needs barriers only on the west side), and 
changing traffic flow on an alley between Maple and Main Street to ensure that 
vehicles cannot possibly enter the crossings when a train approaches. 
         A traffic light should be constructed at the intersection of Wood and 
Zehnder Street, and a repeater signal installed on the west side of the Zehnder 
Street crossing. The lights should be interconnected with the railroad crossing 
warning devices. An extra set of warning lights should be mounted to warn 
drivers on Pease Road of approaching trains.
         Sound Transit is planning to construct a commuter rail station in 
Sumner. It presents a potential safety hazard for pedestrians unless fencing is 
constructed between the tracks that will funnel pedestrian traffic to 
crossings. As a condition of speed increases, the Railroad should not allow any 
trains to stop at the station before the fencing is completed. Also, 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.
         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 30, 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 Sumner 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 south of railroad mile post         28.0. 
                  d. Speed limits for the area south of railroad mile post 28.0 
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 at 
Williams Avenue, the west side of the Zehnder                 Street crossing, 
and at Main Street.
                           2. The Railroad shall inspect the circuitry at all 
crossings to ensure that it is capable of operating                 properly at 
the higher speeds.
                           3. A traffic light shall be constructed at the 
intersection of Wood and Zehnder Streets, and a                       repeater 
signal installed on the west side of the Zehnder Street crossing. The signals 
shall be                  interconnected with the crossing warning system. An 
extra set of warning lights shall be installed                directed towards 
Pease Road.
                  e. The Railroad shall not allow the commuter rail station to 
be operated until fencing between the tracks is        constructed. 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.        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