![](media/image1.jpeg){width="1.2145833333333333in"
height="1.8111111111111111in"}Friday, May 2, 2008

Docket Management Facility

US Department of Transportation

1200 New Jersey Ave SE

West Building Ground Floor, Romm W12-140

Washington, D.C. 20590

# RE: Protest 

# Application for Approval of Discontinuance of Railroad Signal System 

# DOCKET NUMBER FRA-2008-0010

To Whom It May Concern:

The Environmental Protection Information Center (EPIC) hereby protests
the granting of the above-referenced application, which if approved
would allow the Northwestern Pacific Railroad Company (NWP) to
discontinue and remove the interlocking signals at three drawbridge
locations on the Russian River Division of the NWP in northwestern
California.

EPIC is a community-based non-profit organization that actively works to
protect the long-term health of the ecosystems of northern California.
EPIC is dedicated to preserving, protecting, and restoring biodiversity,
native species, watersheds and ecosystems in our region. EPIC has long
been sharply critical of attempts to revive the now-defunct NWP rail
line through the Eel River Canyon for a number of reasons, particularly
including the impacts on water quality, habitat for listed species of
fish and wildlife, and the designated Wild and Scenic Eel River. EPIC,
its board, staff, and members, are also concerned by the potential
impacts on aquatic resources of proposed NWP operations in the Russian
River area, south of the Eel River.

The proposed discontinuance of interlocking signal requirements would
eliminate important protections for rail workers, the public, and
public-interest concerns, including water quality and habitat in
potentially affected watercourses. According to the Federal Register
notice at 73 FR 14565, "(t)he reason given for the proposed change is
that the three interlocking signal systems have not been in service for
the last seven years and have fallen into disrepair."

With all due respect, we would like to point out that the offered
justification entirely fails to explain why NWP should be allowed a
waiver from the reasonable safety requirements of 49 CFR Part 236. In
fact, the *entire rail line*, from Humboldt to Marin Counties, has "not
been in service for the last seven years and \[has\] fallen into
disrepair."

If the rail line is to be put back into service, the Russian River
Division is likely to be the first portion to be used for freight rail
operations by the NWP. Where operations have been inconsistent, it is
all the more important that key safety precautions be fully observed.
This is necessary both because the public has little experience with
rail operations in the area, and may not be sufficiently familiar with
risks attendant on rail operations, and because safety equipment may
deteriorate and/or cease to function when long neglected. If the
required interlocks are not functioning, they should be repaired and/or
replaced; if trains are allowed to run over these tracks without
functional interlocks, there will be a much greater risk of harm to
workers, the public, and to the environment, particularly if a failed
interlock should lead to a derailment implicating a watercourse. Persons
familiar with operations of this type have suggested to EPIC that, in
the absence of interlocks, train operators should be required to halt
the train and physically inspect each crossing before proceeding; they
further note that such measures are less likely to be taken in inclement
weather or when trains are behind schedule. The safety of workers, the
public, and the environment should not be put at risk by rain and rail
deadlines. That is, in fact, why regulations require automatic
interlocks like those NWP here proposes to remove. The facts of the
situation suggest that interlocks are more needed here, rather than
being in some way dispensable.

EPIC takes the position that the NWP should not be permitted to resume
operations in the Eel River Canyon and north. However, as long as the
NWP continues to work to resume operations, it should under no
circumstances be permitted to take any shortcuts on safety for workers,
the public, or the environment. The NWP and its public affiliate, the
North Coast Rail Authority (NCRA) have an appalling track record of
fiscal mismanagement, safety violations, and inadequate compliance with
law, regulation, and even court decrees. This record of mis- and
malfeasance should caution the DOT against granting the present
application, particularly to the extent such approval may be based in
assurances from the NWP or NCRA that those entities will somehow provide
alternate safeguards against potential harm to the environment, the
public, or railroad workers.

EPIC urges that the application for the discontinuance of these three
signal systems be rejected, and that NWP be required to live up to the
full requirements of 49 CFR Part 236, as well as current FRA
requirements concerning such systems.

Thank you for your attention. Please direct your response to the below
address:

**EPIC**

**#122**

**600 F St Suite 3**

##### Arcata CA 95523

Sincerely,

/s/

Scott Greacen

Executive Director