[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Notices]
[Pages 5018-5019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2229]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Emergency Order No. 22, Notice No. 2]


Oregon Pacific Railroad; Notice of Relief From Emergency Order 
No. 22

AGENCY:  Federal Railroad Administration, Department of Transportation.

ACTION:  Notice of Relief.

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SUMMARY:  This notice provides relief for the Oregon Pacific Railroad 
from the limitations of Federal Railroad Administration (FRA) Emergency 
Order No. 22, issued December 16, 1999. The relief allows the Oregon 
Pacific Railroad to recommence operation of trains and other railroad 
on-track equipment on a railroad bridge it owns spanning Johnson Creek 
(hereinafter designated as the ``Johnson Creek Bridge'') in the City of 
Milwaukie, Oregon.

Authority

    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. Sec. 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 Oregon Pacific Railroad Company, a common carrier, is a part of 
the general railroad system of transportation and operates two 
principal segments of track. One of the segments crosses Johnson Creek 
in Milwaukie, Oregon, on a timber trestle bridge not identified by 
number and located approximately one-half mile upstream from the point 
where Johnson Creek empties into the Willamette River. In December, 
1999, based on detailed inspections of the bridge, FRA determined that 
the Johnson Creek Bridge was in danger of imminent, catastrophic 
failure at any time that a railroad load passes over the bridge.

[[Page 5019]]

    Failure of the bridge under load could have had very serious 
consequences. The bridge failure could have caused a train to fall into 
Johnson Creek, killing or injuring any railroad crew members operating 
rolling stock, killing or injuring any innocent bystanders using 
Johnson Creek or its banks, and possibly blocking the creek resulting 
in widespread flooding in the immediate area. Locomotive diesel fuel 
and/or fuel and contents of a mechanical refrigerator car could have 
caused severe environmental damage to Johnson Creek and the nearby 
Willamette River.
    FRA therefore concluded that any railroad use of the Johnson Creek 
Bridge on the Oregon Pacific Railroad posed an imminent and 
unacceptable threat to public and employee safety involving a hazard of 
death or injury to persons. On December 16, 1999, the Federal Railroad 
Administrator issued Emergency Order No. 22 which prohibited all 
operations of trains and other railroad on-track equipment on the 
Johnson Creek Bridge until repairs were made and certified as 
sufficient by a licensed bridge engineer and approved by FRA.
    Following the issuance of Emergency Order No. 22, the Oregon 
Pacific Railroad made repairs to the Johnson Creek Bridge under the 
guidance of a professional engineer licensed to practice in the State 
of Oregon. On January 17, 2000, FRA's professional bridge engineer 
inspected the Johnson Creek Bridge and found that the repairs made to 
the bridge since the issuance of Emergency Order No. 22 are sufficient 
to restore immediate safety to the bridge structure.
    The termination of Emergency Order No. 22 does not indicate that 
FRA has made any determination regarding the capacity of the bridge in 
addition to the work performed by the professional engineer guiding the 
repairs on behalf of the Oregon Pacific Railroad. Relief from Emergency 
Order No. 22 simply means that FRA finds that the bridge no longer 
presents an imminent hazard of death or injury to persons. The Oregon 
Pacific Railroad continues to be fully responsible for the structural 
integrity and safe operation of the Johnson Creek Bridge. FRA strongly 
recommends that the Oregon Pacific Railroad follow a regular program of 
inspection and maintenance of all railroad bridges owned and operated 
by the railroad.

Relief

    In light of the foregoing, I grant the Oregon Pacific Railroad 
relief from Emergency Order No. 22. The railroad may immediately 
recommence operation of trains and other railroad on-track equipment on 
the Johnson Creek Bridge in the City of Milwaukie, Oregon. The issuance 
of this Notice does not preclude imposition of another emergency order 
governing the condition of the bridge should that condition again 
deteriorate to the extent that I believe it poses an imminent and 
unacceptable threat to public safety.

    Issued in Washington on January 20, 2000.
Jolene M. Molitoris,
Administrator.
[FR Doc. 00-2229 Filed 2-1-00; 8:45 am]
BILLING CODE 4910-06-P