[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Notices]
[Pages 4568-4569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2298]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 14, Notice No. 4]


Eureka Southern Railroad Company (a.k.a. Northwestern Pacific 
Railroad); Notice of Limited Relief From Emergency Order No. 14

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 (formerly the Eureka Southern Railroad) from the 
limitations of Federal Railroad Administration Emergency Order No. 14. 
The relief allows the railroad, using specified procedures, to 
transport hazardous materials when the transportation is necessary for 
the railroad to effect repairs on the railroad. Transportation of 
hazardous materials for other purposes, as well as passenger 
transportation, remain prohibited.

FOR FURTHER INFORMATION CONTACT: James T. Schultz, Regional 
Administrator, Region 7, Federal Railroad Administration, 801 I Street, 
Suite 466, Sacramento, California 95814, (916) 498-6540; or Nancy 
Lummen Lewis, Trial Attorney, Office of Chief Counsel, Federal Railroad 
Administration, 400 Seventh Street, S.W., Washington, D.C., (202) 632-
3162.

SUPPLEMENTARY INFORMATION: The Federal Railroad Administration (FRA) 
gives notice of limited relief granted to the Eureka Southern Railroad 
Company, now known as the Northwestern Pacific Railroad (NWP), from 
certain conditions of this emergency order. This relief will permit the 
NWP to transport hazardous materials, under circumstances specified in 
this notice, over its line of track between Willits and Fort Seward, 
California (milepost 145.5 to milepost 216.6).

Background

    As issued June 7, 1990, this emergency order prohibited Eureka 
Southern Railroad Company from operating passenger service and from 
transporting hazardous materials on its line between Willits and 
Eureka, California (milepost 142.5 to milepost 284.1). On October 1, 
1990, FRA published notice that the emergency conditions no longer 
existed between mileposts 142.5 and 145.5, and between mileposts 216.6 
and 284.1. The restrictions of the emergency order were lifted on those 
areas of track. In a third notice, published November 27, 1992, FRA 
stated that the prohibitions of the emergency order for the remaining 
track continued in effect for the new owner of the Eureka Southern 
Railroad, the North Coast Railroad Authority. The North Coast Railroad 
Authority operates the NWP.
    In July, 1996, the NWP requested that FRA allow the railroad to 
transport fuel oil to contractors performing work on the NWP right-of-
way within the restricted area. The fuel oil is needed for railroad 
internal use to service heavy earth moving equipment. There exists no 
other means of access to these work areas.
    Following investigations conducted by FRA, I conclude that the 
relief requested by NWP is necessary to facilitate the railroad's 
efforts to maintain and improve its trackage. The relief requested is 
in the interest of railroad safety.

Relief

    NWP may transport over its rail line between Willits and Fort 
Seward, California materials required by 49 CFR parts 171-179 to be 
placarded as hazardous under the following terms and conditions:
    (1) The material(s) must be for the internal use only by NWP for 
construction, maintenance and operation of the railroad.
    (2) Any movement of the material(s) shall be transported by special 
train, operated solely for that purpose.
    (3) Maximum speed of train movements of the material(s) shall be 10

[[Page 4569]]

miles per hour, regardless of any higher track speed specified by the 
railroad.
    (4) NWP shall provide written notice of intended movements of the 
material(s) to the county or counties in which the movements shall take 
place, as well as to the California Public Utilities Commission and to 
FRA's Regional Office in Sacramento, California. Each notice shall 
state the material(s) to be moved and the point of origination and 
point of destination. The notice shall be provided no less than five 
days prior to the movement.
    (5) Prior to any movement, the NWP chief mechanical officer shall 
inspect and certify in writing that any car carrying the material(s) is 
safe and in compliance with applicable Federal regulations. An 
inspection and certification will not be necessary for any movement for 
the purposes of repositioning the car for loading or unloading when 
such a movement starts and ends on the same track and that track is 
other than main track.
    (6) Any car carrying the material(s) shall be placed so that 
inadvertent movement, inclement weather, or other occurrence will not 
cause the car or its contents to fall in any river, stream or other 
body of water.
    This limited lifting of Emergency Order No. 14 is contingent upon 
NWP's compliance with the terms of the relief. The issuance of this 
Notice does not preclude imposition of another emergency order should 
NWP violate those terms.
    The restrictions set forth in Emergency Order No. 14 continue to 
apply to all rail transportation of passengers and of hazardous 
materials not for internal use by NWP on that portion of track between 
Willits and Fort Seward, California. Although Eureka Southern was named 
as the respondent in the Order, its terms and conditions were intended 
to apply to any successors. Therefore, the terms and conditions apply 
to Northwestern Pacific Railroad, as the railroad is now known.
    This Order remains in effect on this track until the NWP, or any 
successor thereto, makes sufficient repairs to receive relief under the 
provisions of the Order. Each train movement in violation of this Order 
shall subject NWP or any subsequent owner or operator committing the 
violation to a civil penalty of up to $20,000. 49 U.S.C. 20104, 20111.

    Issued in Washington, D.C. on January 23, 1997.
Jolene M. Molitoris,
Administrator.
[FR Doc. 97-2298 Filed 1-29-97; 8:45 am]
BILLING CODE 4910-06-P