June 25, 2008
TR-070696

OLYMPIA, Wash. – State officials today outlined safety measures that must be implemented before the Hickox Road railroad grade crossing near Mount Vernon can be closed and converted to a private crossing.

In its initial order, an administrative law judge for the Washington Utilities and Transportation Commission (UTC) also recommended that Burlington Northern Santa Fe Railroad Co. (BNSF) submit two private crossing agreements to the commission. The first agreement will ensure continued access in case of flood-related emergencies and the second will mitigate transportation hardships for local farmers during harvest season.

The required safety conditions include:
· Upgrading the Stackpole Road public highway-grade crossing – including installing flashing lights, blocking gates and warning lights;
· Funding necessary road improvements and converting Hickox Road into a private crossing. This will allow for emergency use by local government and limited seasonal commercial use by Western Valley Farms.
· Requiring the railroad company to operate and maintain all existing safety features at Hickox Road.

Any party disagreeing with the judge’s conclusion in the case has 20 calendar days to file for administrative review with the UTC. The final decision rests with the three-member commission, who could decide to approve, modify or reject the judge’s recommendation. If any party appeals the judge’s decision, the commission would be expected to rule in the next several months. Without an appeal, the judge’s decision becomes final 20 days after being released.

BNSF originally filed a petition with the UTC to close the Hickox Road crossing April 11, 2007. The Washington Department of Transportation (DOT) is constructing the extension of an existing siding in the area – a second track where trains pull off the mainline and wait for another train to go pass. DOT supports BNSF’s petition as a way to improve Amtrak and freight-train service between the high-speed rail corridor of Eugene, Ore., and Vancouver, Canada.

Freight trains would typically pause on the siding for periods of five to 10 minutes to meet and pass passenger trains. Sometimes the trains could remain parked and block the Hickox Road crossing for several hours in violation of state law. This could pose safety concerns because drivers could be delayed for long periods of time.

If approved by the UTC, BNSF will have 75 days to submit a draft private-crossing agreement that calls for the tracks to be used for local emergency response and flood-related events.
The company will have 60 days to draw up a plan for Western Valley Farms to use the tracks for seasonal harvesting.

Current daily train traffic through Mount Vernon is four Amtrak passenger trains and about a dozen freight trains. There are about 2,700 public crossings in Washington, all of which are inspected at least once every three years. There are also nearly 3,000 private crossings that are not under the commission’s jurisdiction.

The commission has received about 200 public comments, all but one opposing closure of the crossing.

The UTC is the state agency responsible for railroad safety, including approving new grade crossings and closing or altering existing rail crossings. The agency investigates train accidents, inspects public railroad crossings, teaches public education classes and approves rail-safety improvement projects in Washington.