BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 

For Modification of Order Regulating the Speed of Passenger and Freight Trains 
in Winlock, Washington
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		DOCKET NO. TR-970866
		
		ORDER GRANTING PETITION TO VACATE ORDERS SETTING TRAIN SPEED LIMITS IN WINLOCK

BACKGROUND

1 The Burlington Northern and Santa Fe Railway Company (Railroad) requests that 
orders regulating
the speed of passenger and freight trains in Winlock be vacated to permit the 
Railroad to set the maximum limits at those allowed by the Federal Railroad 
Administration (FRA).

2 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.  The Union 
Pacific Railroad also operates freight trains on the tracks at the speeds set 
for Railroad’s trains.

3 The Commission is authorized to set speed limits for trains under RCW 
81.48.030 and 81.48.040 
commensurate with the hazards presented and the practical operation of the 
trains.  However, because the Federal Railroad Administration (FRA) has 
promulgated speed limits for trains at 49 CFR Sec. 213.9, federal law limits 
the Commission’s authority to issue or maintain in effect train speed orders to 
situations in which an additional or more stringent order is necessary to 
eliminate or reduce an essentially local safety hazard; the order is not 
incompatible with a law, regulation, or order of the United States government; 
and the order does not unreasonably burden interstate commerce (49 U.S.C. 
§20106). The Commission may also limit train speeds at the request or agreement 
of the Railroad.

4 The Commission previously set speed limits in the city of Winlock for freight 
trains in docket T-7813
(setting freight train speed limits at 50 mph) and for passenger trains in 
docket TR-2251 (setting passenger train speed limits at 75 mph from the 

5 south corporate limits to Mile Post 71.7, and 50 mph from Mile Post 71.7 to 
the north corporate
limits).  The speed limits set by the FRA for the class of tracks maintained 
through Winlock are 60 mph for freight trains and 79 mph for passenger trains.

6 Commission Staff investigated the conditions in Winlock as they relate to the 
proposed speed limits. 
Identified safety problems at Walnut and Campbell Streets were corrected by a 
joint project of the Railroad, the Washington State Department of 
Transportation, and the city of Winlock.  No other evidence of essentially 
local safety hazards was identified or brought to Staff’s attention.

FINDINGS

7 The Commissioners, having reviewed the petition and being fully advised in 
the matter, find that no 
essentially local safety hazards exist within the city limits of Winlock for 
passenger train speeds of 79 mph and freight train speeds of 60 mph.  The 
Commission finds that it is in the public interest to grant the petition and 
vacate previous speed limit orders in the city of Winlock.  However, the 
Railroad should be required to notify the Commission in writing at least 90 
days before increasing speeds above 79 mph for passenger trains and 60 mph for 
freight trains so that Commission Staff can investigate conditions in Winlock 
with city officials to determine whether an essentially local safety condition 
exists for the higher speeds proposed by the Railroad.

O R D E R

  THE COMMISSION ORDERS:

8 The petition of the Railroad is granted.  Existing Commission orders 
pertaining to train speed limits in 
the city of Winlock are vacated.

9 The Railroad shall notify the Commission in writing at least 90 days before 
increasing speeds above 
79 mph for passenger trains and 60 mph for freight trains.

DATED at Olympia, Washington, and effective this 13th day of June 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



     MARILYN SHOWALTER,  Chairwoman


RICHARD HEMSTAD, Commissioner