Northwestern Pacific Railroad; Notice of Partial Relief from Emergency Order No. 21

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Emergency Order No. 21, Notice No. 2]

Northwestern Pacific Railroad; Notice of Partial Relief from

Emergency Order No. 21

AGENCY: Federal Railroad Administration, Department of Transportation.

ACTION: Notice of Partial Relief.

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SUMMARY: This notice provides partial relief for the Northwestern

Pacific Railroad from the limitations of Federal Railroad

Administration Emergency Order No. 21. The relief allows the

Northwestern Pacific Railroad to re-open to rail traffic approximately

1.5 miles of its line near Willits, California, including trackage

between the junction with the California Western Railroad and the

Willits Depot, as well as Tracks 20, 24, 25, 26, 27, 709, and 711 in

Willits Yard. The purpose of the partial relief is to allow the

California Western Railroad to renew its operations over NWP tracks to

Willits Depot and turn its trains at Willits. The remainder of the NWP

line, from Arcata, California, to mile post 63.4 between Schellville

and Napa Junction, California, remains closed pending further relief

from the emergency order.

Authority

Authority to enforce Federal railroad safety laws has been

delegated by the Secretary of Transportation to the Federal Railroad

Administrator. 49 CFR 1.49. Railroads are subject to FRA's safety

jurisdiction under the Federal railroad safety laws, 49 U.S.C. 20102,

20103. FRA is authorized to issue emergency orders where an unsafe

condition or practice ``causes an emergency situation involving a

hazard of death or personal injury.'' 49 U.S.C. 20104. These orders may

impose such ``restrictions and prohibitions . . . that may be necessary

to abate the situation.'' (Ibid.) Likewise, FRA is authorized to grant

relief from an emergency order when the agency deems that the unsafe

condition or practice which gave rise to the emergency order no longer

exists.

Background

The NWP operates on a 286-mile line between mile post 295.5 near

Arcata, California and mile post 63.4 between Schellville, California

and Napa Junction, California. The North Coast Railroad Authority, a

California public agency formed pursuant to California Government Code

Section 93000 et seq., owns and operates that portion of the NWP

between Healdsburg, mile post 68, and Arcata. Another portion over

which the NWP operates and for which it is responsible for maintenance,

Healdsburg to mile post 63.4 near Napa Junction, is owned by the

Northwestern Pacific Railroad Authority, a joint powers agency

representing the Golden Gate Bridge, Highway and Transportation

District, the County of Marin, and the North Coast Railroad Authority.

Railways, Inc. is the operating agent for the North Coast Railroad

Authority, doing business as the NWP.

The NWP connects to the California Western Railroad, among other

railroads, which operates both freight and passenger trains, to

Willits. Prior to the issuance of Emergency Order No. 21, the

California Western operated over about one mile of NWP trackage in

order to interchange freight operations with the NWP at Willits and to

reach its passenger terminal in Willits.

The NWP is subject to the jurisdiction of FRA. In 1997, FRA, in

partnership with the California Public Utilities Commission (CPUC),

reviewed NWP's compliance with Federal safety statutes and regulations.

The review revealed widespread noncompliance, including hundreds of

track defects and a general failure to perform periodic tests of

locomotive air brake equipment. On June 11, 1997, FRA, CPUC, and the

NWP signed a safety compliance agreement which detailed 11 action items

for the NWP to perform. On June 28, 1998, upon finding that the NWP had

failed to comply with most of the agreement, the Federal Railroad

Administrator issued Compliance Order 98-1 directing NWP to perform the

corrections listed in the compliance agreement. When FRA later found

that the NWP failed to comply with the directives in the compliance

order, and the defects on the rail line posed an imminent and

unacceptable threat to public safety, the Federal Railroad

Administrator issued Emergency Order No. 21 on November 25, 1998. The

emergency order closed all railroad operations except the operation of

work trains for the specific and sole purpose

[[Page 30558]]

of effecting repairs on the railroad. The closure included the trackage

near Willits over which the California Western Railroad operated.

Emergency Order No. 21 detailed requirements the NWP must meet in

order to gain full relief from the order. The railroad must:

(1) Properly repair and inspect all grade crossing signals and

certify to the Federal Railroad Administrator that all necessary

repairs and inspections have been performed and that all required tests

are up-to-date.

(2) Adopt a set of grade crossing signal standards and instructions

acceptable by FRA.

(3) Update, correct and/or redraw circuit plans for each grade

crossing signal system to meet compliance with 49 CFR 234.201 and

234.203. A list of locations of the updated, corrected or redrawn

circuit plans should be submitted to FRA.

(4) Provide proper and adequate test equipment for signal

maintainers.

(5) Repair all track not subject to Emergency Order No. 14 to class

1 track standards as detailed in 49 CFR part 213.

Note: Emergency Order No. 14 requires the Northwestern Pacific

Railroad to repair certain segments of track to class 1 track

standards for the hauling of passengers and all hazardous materials.

Otherwise, the railroad may designate the track still subject to

that order as excepted.

(6) Clear all vegetation from drainage facilities and away from

signs and signals and track bed so that the track meets the

requirements of 49 CFR 213.37;

(7) Furnish FRA with a 12-month track maintenance plan.

(8) Establish a program of employee training on the Federal Track

Standards to ensure that employees performing inspection, maintenance,

and restoration work are qualified in accordance with 49 CFR 213.7.

(9) Certify in writing that each individual conducting track

inspections has sufficient knowledge, skills, and ability to

successfully conduct the types of inspections which will be performed

by that individual. Records of that certification are to be maintained

by the railroad.

(10) Obtain approval from the Federal Railroad Administrator that

all of the requirements of this Emergency Order have been met and

properly performed.

The emergency order also allows for partial relief for designated

portions of the NWP's line. The NWP is required to first meet all of

the system-wide requirements, as listed in items 2, 4, 7, 8, and 9. The

NWP may then obtain partial relief for any portion of its line for

which all of the requirements of the emergency order are met.

On May 20, 1999, in accordance with the terms of the emergency

order, the NWP formally requested that FRA grant it partial relief from

the emergency order for the 1.5 miles of track in Willits, California,

over which the California Western Railroad needs to operate to Willits

Depot and turn its train. At this time, the NWP has been fount to meet

all of the systemic requirements of Emergency Order No. 21, namely:

The NWP adopted a set of grade crossing signal standards

and instructions that is acceptable to FRA;

The NWP has entered into a contract with MEC Rail Systems,

a signal maintenance company, for the testing and maintenance of NWP

signals. In response to the agreement, MEC Rail Systems purchased

proper and adequate test equipment for signal maintainers for use on

the NWP;

The NWP has furnished to FRA a 12-month track maintenance

plan that includes all of the necessary information required by

Emergency Order No. 21;

The NWP has established a program of employee training on

the Federal Track Safety Standards. Railways, Inc. has adopted for use

on the NWP the Railway Educational Bureau's Track Foreman's Training

Program. Individual testing of roadmaster and office engineer

candidates has begun;

The NWP has certified that the sole employee responsible

for track inspections, a chief engineer for Rail-Ways, Inc., has

sufficient knowledge, skills and ability to successfully conduct track

inspections. Any employees who become responsible for track inspections

subsequent to the granting of this partial relief will be certified by

the NWP as well.

NWP's compliance at this time with the systemic requirements of the

emergency order makes the railroad eligible to request partial relief

for the designated segment of track in Willits. However, FRA will

monitor the railroad's continuing compliance with these systemic

requirements.

On May 25, 1999, FRA inspected the track for which the NWP has

requested relief from the emergency order. FRA found the track to meet

Class 1 track standards in accordance with 49 CFR part 213. On May 27,

1999, FRA inspected the grade crossing signal systems on the track for

which NWP has requested relief from the emergency order and found that

all necessary repairs, inspections and tests had been performed.

Relief

In light of the foregoing, I grant NWP partial relief from

Emergency Order No. 21. NWP trackage between its junction with the

California Western Railroad and the Willits Depot, as well as Tracks

20, 24, 25, 26, 27, 709, and 711 in Willits Yard may open immediately

to rail traffic. The issuance of this Notice does not preclude

imposition of another emergency order governing the segment of track

should conditions of the track or rail operations deteriorate to the

extent that I believe they pose an imminent and unacceptable threat to

public safety.

Issued in Washington on May 28, 1999.

S. Mark Lindsey,

Acting Administrator.

[FR Doc. 99-14454 Filed 6-7-99; 8:45 am]

BILLING CODE 4910-06-P