[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Notices]
[Pages 30557-30558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14454]
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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
