[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27171-27172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11272]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Emergency Order No. 21, Notice No. 4]


Northwestern Pacific Railroad Co.; Notice of Partial Relief from 
Emergency Order No. 21

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of partial relief.

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SUMMARY: In response to a November 11, 2010, petition, this notice 
provides partial relief for the Northwestern Pacific Railroad Co. (NWP 
Co.) from the limitations of FRA Emergency Order No. 21. The relief 
allows the NWP Co. to re-open to rail traffic approximately 61.1 miles 
of trackage owned by Sonoma Marin Area Rail Transit (SMART) \1\ 
extending between (1) a point designated as Brazos Junction, milepost 
(MP) B49.8 and the Ignacio Wye, MP 5-25.8 and (2) a point designated as 
MP 62.9 near Windsor, California. Emergency Order No. 21 remains in 
effect between MP 62.9 near Windsor, California and MP 295.5 at Arcata, 
California, except for the partial relief from Emergency Order No. 21 
that FRA granted in Emergency Order No. 21, Notice 2, for approximately 
1.5 miles of track and certain yard track in Willits, California.
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    \1\ On January 1, 2003, SMART was formed as an entity that was 
formally comprised of the Golden Gate Bridge, Highway and 
Transportation District, Marin County, and the Northwestern Railroad 
Authority.
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Authority

    Authority to enforce Federal railroad safety laws has been 
delegated by the Secretary of Transportation to the Administrator of 
FRA. See 49 U.S.C. 103; 49 CFR 1.49. FRA is authorized to issue 
emergency orders where an unsafe condition or practice ``causes an 
emergency situation involving a hazard of death, personal injury or 
significant harm to the environment. * * *'' 49 U.S.C. 20104(a). These 
orders may impose such ``restrictions and prohibitions * * * that may 
be necessary to abate the situation.'' Id. Likewise, FRA is authorized 
to grant relief from an emergency order when the agency deems that the 
unsafe condition or practice that gave rise to the emergency order no 
longer exists.

Background on Emergency Order No. 21

    On November 25, 1998, FRA issued Emergency Order No. 21, Notice No. 
1 addressed to ``the Northwestern Pacific Railroad,'' requiring it to--

discontinue operation by anyone of trains on [that railroad's] rail 
line from mile post 295.5 at Arcata, California to mile post 63.4 
between Schellville, California and Napa Junction, California until 
the [railroad] inspects and properly repairs its track and grade 
crossing signals, and it trains its employees how to properly 
maintain the safety of its track and grade crossing signals.

63 FR 67976 (Dec. 9, 1998). The only exception to the prohibition on 
train operations over that rail line was for ``the operation of work 
trains for the specific and sole purpose of effecting repairs on the 
railroad.'' 63 FR 67978.
    On May 28, 1999, FRA granted the petition of the Northwestern 
Pacific Railway Company, LLC (NWPY) \2\ for partial relief from 
Emergency Order No. 21 for approximately 1.5 miles of track owned by 
the North Coast Railroad Authority (NCRA) \3\ near Willits, California, 
including trackage between the junction of the California Western 
Railroad and the Willits Depot, as well as Tracks 20, 24, 25, 26, 27, 
709, and 711 in Willits Yard. Emergency Order No. 21, Notice No. 2, 64 
FR 30557 (June 8, 1999).
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    \2\ In Emergency Order 21, Notices No. 1-3, Northwestern Pacific 
Railway Company, LLC was referred to as ``Northwestern Pacific 
Railroad'' and ``NWP''; however, the correct name of the railroad 
was ``Northwestern Pacific Railway Company, LLC,'' and was more 
commonly referred to as ``NWPY'' in the railroad industry.
    \3\ The North Coast Railroad Authority is ``a California public 
agency formed pursuant to California Government Code Section 93000 
et seq.,'' that ``owns and operates that portion of the NWP between 
Healdsburg, mile post 68, and Arcata.'' 64 FR 30557.
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    On February 1, 2001, FRA granted NWPY's petition for partial relief 
from Emergency Order No. 21 for approximately 40.8 miles of track, 
owned by Northwestern Pacific Railroad Authority, a joint powers agency 
representing the Golden Gate Bridge, Highway and Transportation 
District, the County of Marin, and NCRA, between MP 49.8S (formerly 
designated as MP 63.4, near Lombard, California) and MP 43.0, near 
Petaluma, California. Emergency Order No. 21, Notice No. 3, 66 FR 9625 
(Feb. 8, 2001).\4\ NWPY ceased operations in September 2001.
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    \4\ The November 11, 2010, request by NWP Co. and the NCRA for 
partial relief includes the track for which relief was granted on 
February 1, 2001.
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Standard for Obtaining Full Relief From Emergency Order No. 21

    In order to gain full relief from Emergency Order No. 21, NWP Co. 
must take the following actions, which were specified in that order:

    (1) Properly repair and inspect all grade crossing signals and 
certify to the FRA 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 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 shall be submitted to the Regional 
Administrator for Region 7.
    (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 already requires the Northwestern Pacific 
Railroad to repair all track subject to that order 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 that will be performed 
by that individual. Records of that certification are to be 
maintained by the railroad.
    (10) Obtain written approval from the FRA Administrator that all 
of the requirements of this Emergency Order have been met and 
properly performed. * * *

63 FR 67978-67979.
    Emergency Order No. 21, Notice No. 1, allows for partial relief 
for designated portions of the trackage subject to the Emergency 
Order. The railroad is first required to meet all of the system-wide 
requirements, as listed in Items 2, 4, 7, 8, and 9, above. The 
railroad may then obtain from

[[Page 27172]]

FRA partial relief for any portion of the line for which all of the 
requirements of the Emergency Order are met. 63 FR 67979.

November 11, 2010, Request for Partial Relief From Emergency Order No. 
21

    By letter dated November 11, 2010, in accordance with the terms 
of Emergency Order No. 21, Notice No. 1, NWP Co. and the NCRA \5\ 
formally requested that FRA grant partial relief from the Emergency 
Order for the SMART-owned rail line between (1) a point designated 
as Brazos Junction, milepost MP B49.8 and the Ignacio Wye, MP 5-25.8 
and (2) a point designated as MP 62.9 near Windsor, California.
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    \5\ North Coast Railroad Authority is the owner of a perpetual, 
exclusive freight easement over the trackage involved in the 
request. On September 13, 2006, NWP Co. was formed and entered into 
a lease agreement with the NCRA as the sole operator of all freight 
trains, work trains, and passenger excursion trains over the line. 
NWP Co. is also designated as the company that will manage and 
maintain freight railroad operations over the NCRA and SMART 
properties.
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    In this letter, NWP Co and NCRA, represented to FRA that it has 
met all of the system-wide requirements of Emergency Order No. 21, 
namely--
     NWP Co. has adopted a set of grade crossing signal 
standards and instructions that is acceptable to FRA;
     NWP Co. has entered into a contract with Summit Signal, 
Inc., a signal maintenance company, for the maintenance of NWP Co. 
signals. NWP Co. has provided proper and adequate test equipment for 
all signal maintainers;
     NWP Co. has furnished to FRA a 12-month track 
maintenance plan that includes all of the necessary information 
required by Emergency Order No. 21;
     NWP Co. has furnished to FRA a copy of the employee 
training program on the Federal Track Safety Standards;
     NWP Co. has certified, in writing, that each individual 
conducting track inspections has sufficient knowledge, skills, and 
ability to successfully conduct the types of inspections that will 
be performed by that individual.
FRA has verified these representations and determined that NWP Co. 
is in compliance at this time with the system-wide requirements; 
therefore, NWP Co. is eligible to request partial relief for the 
designated segment between (1) Brazos Junction, milepost MP B49.8 
and the Ignacio Wye, MP 5-25.8 and (2) MP 62.9 near Windsor, 
California. FRA will monitor the railroad to determine whether it 
continues to comply with these system-wide requirements.
    During the week of January 3, 2011, FRA inspected the track for 
which the NWP Co. has requested relief from Emergency Order No. 21 
in its November 11, 2010, letter. The track inspection revealed 
certain FRA Class 1 defective conditions, which were reviewed and 
discussed with representatives of NWP Co. the same week. A follow-up 
inspection was conducted on January 6, 2011, and FRA determined that 
NWP Co. had corrected the defective track conditions that were 
identified on the main track and siding.
    During the week of January 3, 2011, FRA also inspected the grade 
crossing signal systems on the track for which NWP Co. requested 
relief from Emergency Order No. 21 and found that not all necessary 
repairs, inspections, and tests had been performed. During the week 
of January 31, 2011, FRA conducted a follow-up inspection and 
determined that NWP Co. had corrected the defective grade crossing 
signal systems conditions and that all grade crossing signal systems 
on the track segment for which NWP Co. is seeking relief are in 
compliance with FRA regulations.

Grant of Partial Relief

    In light of the foregoing, I grant NWP Co. partial relief from 
Emergency Order No. 21. The segment of track owned by SMART 
extending between (1) a point designated as Brazos Junction, 
milepost MP B49.8 and the Ignacio Wye, MP 5-25.8 and (2) a point 
designated as MP 62.9 near Windsor, California, may open immediately 
to rail traffic. The issuance of this notice of partial relief 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, DC, on May 4, 2011.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.

[FR Doc. 2011-11272 Filed 5-5-11; 11:15 am]
BILLING CODE 4910-06-P