[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67979-67980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32650]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 14, Notice No. 5]
Northwestern Pacific Railroad; Amendment to Prohibit the
Transportation of Hazardous Materials between Willits, California and
Ft. Seward, California
The Federal Railroad Administration (FRA) of the United States
Department of Transportation (DOT) has determined that public safety
compels issuance of this amendment to Emergency Order No. 14
prohibiting the Northwestern Pacific Railroad (NWP) of Eureka,
California, from transporting, or permitting anyone to transport,
hazardous materials over any track from mile post 145.5 near Willits,
California to mile post 216.6 near Ft. Seward, California.
Background
FRA issued Emergency Order No. 14 on June 7, 1990, when the
railroad was known as the Eureka Southern Railroad. The Emergency Order
prohibits transportation of passengers until the track complies with
class 1 track standards and prohibits transportation of hazardous
materials until the track complies with class 1 track standards or is
designated by the railroad as excepted track. The Emergency Order
originally covered the rail line from Willits to
[[Page 67980]]
Eureka, mile post 284.1. However, because of improved conditions, FRA
lifted the Emergency Order between mile posts 142.5 and 145.5, near
Willits, and between mile posts 216.6 and 284.1, Fort Seward to Eureka
on October 1, 1990. The Emergency Order remains in effect from mile
post 145.5 near Willits to mile post 216.6, Ft. Seward. FRA granted
further partial relief in January, 1997, by allowing the NWP to haul
hazardous materials over track not designated as excepted when the
materials hauled were for construction, maintenance, and operation of
the railroad.
In conjunction with the California Public Utilities Commission
(CPUC) and the Federal Emergency Management Agency (FEMA), FRA
conducted in September, October, and November 1998, safety surveys of
the entire NWP line from mile post 295.5 near Arcata to milepost 63.4
between Schellville and Napa Junction. The surveys revealed unsafe
conditions and practices which, in FRA's judgment, pose an emergency
situation involving a hazard of death or personal injury. FRA found
that 32 of the railroad's 127 grade crossing signals are not
operational, endangering any motorist attempting to cross a grade
crossing without adequate warning about a train's approach. The surveys
also showed widespread track safety defects including numerous
defective crossties, improper drainage, and overgrown vegetation posing
a fire hazard and obstructing visibility of signs and signals. Most
important, FRA found locations where the conditions for movement over
excepted track were not being met.
The area between Willits and Eureka, which encompasses the area
affected by Emergency Order No. 14, is noted for its constant earth
movement, mud flows, sinks and heaves. Most of the repairs that have
been made by the NWP to alleviate flooding problems have been temporary
in nature. At some locations, the railroad inserted new culverts to
drain water from ponded areas but failed to install culverts at the
correct depth and angle. In numerous locations, the NWP has used
plastic and rubber pipe, rather than metal pipe, which is crushed
quickly by the weight of work trains.
Because of inadequate drainage and poor subgrade, the railroad has
difficulty maintaining proper surface and alignment of track. In
addition, overgrown vegetation at many locations brushes rolling stock
and prevents railroad personnel from inspecting the track. In some
locations the vegetation poses a fire hazard to track carrying
structures.
In response to these findings, FRA is issuing, concurrent with this
amendment, Emergency Order No. 21, which prohibits the NWP from
operating, or permitting operations, over its rail line until the
railroad inspects and repairs all of its grade crossing signals and
repairs the track to class 1 track standards. The requirements of
Emergency Order No. 21 apply to the entire railroad, including the
portion of the line still governed by Emergency Order No. 14, with the
exception of the requirement that the track be repaired to class 1
track standards for all rail traffic.
Until now, Emergency Order No. 14 has permitted movement of
hazardous materials over excepted track, consistent with the conditions
of 49 CFR Sec. 213.4. However, the same conditions that have caused FRA
to prohibit hazardous materials traffic on excepted track elsewhere on
the line also exist on the portion of the line still covered by
Emergency Order No. 14. Therefore, we are amending Emergency Order No.
14 to prohibit movement of hazardous materials, except in work trains,
until the track is brought to class 1 standards. Emergency Order No.
14, as amended here, remains in effect, which allows the NWP to haul
non-hazardous freight between Willits and Ft. Seward over excepted
track, without repairing the track to class 1 track standards. With
Emergency Order No. 14 still in place, NWP is allowed to operate with
slightly fewer restrictions than in other parts of the railroad over a
portion of its line where the general population is smaller and rail
traffic is less extensive.
Amendment to the Order
I find that the unsafe conditions described above compel me to
address the hazards presented by hauling hazardous materials over
excepted track. Accordingly, I order that the NWP may not haul
materials required by 49 CFR Parts 171-179 to be placarded as hazardous
over the portion of its line still covered by Emergency Order No. 14
until such trackage meets class 1 standards. The railroad may continue
to haul non-hazardous freight over the track once the track is
designated as excepted. This amendment is not meant to prohibit the
hauling of hazardous materials in work trains for the specific and sole
purpose of effecting repairs on the railroad.
Relief
The NWP may obtain full relief from this amendment and all of
Emergency Order 14 by fulfilling the following requirements:
1. Repair the track to class 1 track standards.
2. Obtain approval from the Federal Railroad Administrator that all
of the requirements of Emergency Order No. 14 have been met and
properly performed. To obtain relief, NWP should inform in writing the
Federal Railroad Administrator, with a copy to the Regional
Administrator of FRA's Region 7, that it believes all of the
requirements of Emergency Order No. 14 have been met. Within 30 days of
notification, FRA will conduct inspections of the line and within seven
days of the inspections, will inform the railroad in writing whether
Emergency Order No. 14 is lifted. If FRA does not lift the order, the
written response will specifically describe what additional measures
need to be taken to meet all of the requirements of Emergency Order No.
14.
Penalties
Any violation of Emergency Order No. 14, as amended, shall subject
the person committing the violation to a civil penalty of up to
$22,000. 49 U.S.C Sec. 21301. FRA may, through the Attorney General,
also seek injunctive relief to enforce this order. 49 U.S.C Sec. 20112.
Effective Date
This amendment shall take effect at 12:01 (PST) on November 27,
1998, and apply to all operations of trains on or after that time.
Copies of this amendment Order will be sent by mail or facsimile prior
to publication to: Northwestern Pacific Railroad Authority through the
North Coast Railroad Authority Board of Directors, the Golden Gate
Bridge, Highway and Transportation District, and Marin County. A copy
will also be sent to Rail-Ways, Inc.
Review
Opportunity for formal review of this amendment will be provided in
accordance with 49 U.S.C. 20104(b) and section 554 of Title 5 of the
United States Code. Administrative procedures governing such review are
found at 49 CFR part 211.
Issued in Washington, D.C. on November 25, 1998.
Jolene M. Molitoris,
Administrator.
[FR Doc. 98-32650 Filed 12-8-98; 8:45 am]
BILLING CODE 4910-06-P
