8. Assignment of Proceeding

Dian M. Grueneich is the assigned Commissioner and Linda A. Rochester is the assigned ALJ in this proceeding.

1. UP, BNSF, the Short Lines, Teamsters, and UTU are parties to the settlement.

2. CalTrain and MetroLink, although not signatories to the settlement, did not file opposition to the proposed settlement terms.

3. Teamsters and UTU represent the interest of railroad employees.

4. UP, BNSF, and the Short Lines represent the interests of the railroad owners and shareholders.

5. The settlement, as modified, does not violate any statute or Commission decision.

6. The settlement, as modified, is consistent with current industry practice regarding ballast size on walkways, provides all railroads with uniform specifications and railroad employees with an enforceable standard that protects their occupation health and safety.

1. Rule 12.1(d) provides that the Commission will not approve settlements, whether contested or uncontested, unless the settlement is reasonable in light of the whole record, consistent with law, and in the public interest.

2. The settlement, as modified, is reasonable in light of the whole record.

3. The settlement, as modified, is consistent with the law.

4. The settlement, as modified, is in the public interest.

5. The settlement, as modified, should be adopted.

6. The Commission should be kept informed of walkway ballast conditions adjacent to mainline tracks within switching yards and tracks outside of switching yards that are not covered by the settlement, as modified, but where switching-related tasks are performed.

ORDER

IT IS ORDERED that:

1. The motion of Union Pacific Railway Company, Burlington Northern
Santa Fe Railway Company, the 10 short-line railroads, the Brotherhood of Locomotive and Engineers and Teamsters, and the United Transportation Union to adopt the settlement is denied and the settlement, as modified, is adopted.

2. General Order 118 is amended as shown in Attachments A and B of this decision.

3. The Commission's Consumer Protection and Safety Division will publish the final amended General Order 118-A, set forth in Attachment B, within 30 days of the effective date of this decision.

4. Union Pacific Railroad Company and Burlington Northern Santa Fe Railway Company will file a report with the Commission every twelve months regarding the condition of walkways adjacent to all tracks where switching operations are performed, but are not covered by the settlement, as modified. The first report is due November 1, 2010.

5. Rulemaking 07-09-007 is closed.

This order is effective today.

Dated October 15, 2009, at San Francisco, California.

Commissioners

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