[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]
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