[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Pages 9625-9627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3316]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Emergency Order No. 21, Notice 
No. 3]


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 on 
approximately 40.8 miles of its line between mile post 49.8S, formerly 
designated as mile post 63.4, near Lombard, California and mile post 
43.0, near Petaluma, California.

[[Page 9626]]

The remainder of the NWP line, from mile post 43.0 to Arcata, 
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 49.8S (formerly designated as mile 
post 63.4) near Lombard, 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 49.8S (formerly mile post 63.4) 
near Lombard, 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. Northwestern Pacific Railway Co., LLC (formerly 
doing business as Railways, Inc.) is the operating agent for the North 
Coast Railroad Authority, doing business as the NWP.
    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 of effecting repairs on 
the railroad.
    In May, 1999, FRA granted the NWP partial relief from Emergency 
Order No. 21 for approximately 1.5 miles of its line near Willits, 
California. The partial relief allowed the NWP to re-open traffic 
between the junction with the California Western Railroad and the 
Willits Depot, as well as several tracks in Willits Yard.
    In order to gain full relief from Emergency Order No. 21, the NWP 
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 of the 
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 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 November 15, 2000, in accordance with the terms of the emergency 
order, the NWP formally requested that FRA grant it partial relief from 
the emergency order for its rail line between mile post 49.8S (formerly 
designated as mile post 63.4) near Lombard, and mile post 43.0 near 
Petaluma, California. At this time, the NWP stated that it met 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, adopting 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 three employees of Northwestern 
Pacific Railway Co., LLC. (formerly doing business as Rail-Ways, Inc.), 
who are responsible for track inspections, have 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.

[[Page 9627]]

    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 between Lombard and Petaluma. 
However, FRA will monitor the railroad's continuing compliance with 
these systemic requirements.
    On December 18 and 19, 2000, FRA inspected the track for which the 
NWP requested relief from the emergency order. FRA found the track to 
meet Class 1 track standards in accordance with 49 CFR part 213. 
Between December 11 and December 13, 2000, FRA inspected the grade 
crossing signal systems on the track for which NWP requested relief 
from the emergency order and found that not all necessary repairs, 
inspections and tests had been performed. FRA found that several grade 
crossing signals were not in compliance with Federal regulations. In 
addition, FRA found that the grade crossing signal on the east approach 
to ``D'' Street in Petaluma, California had been removed. FRA informed 
NWP that all signal systems would have to be in complete working order 
and that restoration of the grade crossing signal at ``D'' Street in 
Petaluma would be required in order for partial relief to be granted. 
As of January 31, 2001, FRA found that all of the signal systems on the 
rail line between Lombard and Petaluma, including the grade crossing 
signal system at D Street in Petaluma, are in compliance with FRA 
regulations.

Relief

    In light of the foregoing, I grant NWP partial relief from 
Emergency Order No. 21. NWP trackage between mile post 49.8S (formerly 
designated as mile post 63.4) near Lombard and mile post 43.0 near 
Petaluma 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 February 1, 2001.
S. Mark Lindsey,
Acting Deputy Administrator.
[FR Doc. 01-3316 Filed 2-7-01; 8:45 am]
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