VI. Assignment of Proceedings
Loretta Lynch is the Assigned Commissioner and Bertram Patrick is the assigned Administrative Law Judge in this proceeding.
1. Complainants seek an order from the Commission directing UP to: (1) remove its grade crossing located at milepost 225.71 on its main line in Red Bluff; and, (2) direct train crews to cease sounding locomotive horns when trains approach the crossing.
2. The crossing at issue is located in a rural area within Red Bluff city limits, and it connects two sections of an unpaved maintenance roadway located on railroad right-of-way.
3. At the subject crossing, the railroad does not cross a public or publicly used road or highway, or street.
4. Pub. Util. Code § 1202(d)(2)(A), the only exception to the requirement that locomotive's sound their horns at all crossings under Pub. Util. Code § 7604, would require a loud automated, audible warning device to be installed at the crossing which would not significantly reduce the noise at complainant's home.
1. Pub. Util. Code § 1202(a) provides the Commission with authority to close certain types of crossings, including crossings by a railroad of a public or a publicly used road or highway, or street.
2. Pub. Util. Code § 1202(a) does not apply to the subject crossing because it is the railroad's own crossing located on the railroad's property used to access the railroad line for maintenance and service in furtherance of rail operations.
3. Pub. Util. Code § 7604 mandates locomotives crossing any road to sound an audible warning device.
4. The only exception to the requirement under Pub. Util. Code § 7604 that locomotives sound their horns at all crossings requires the installation of a stationary, automated audible warning device pursuant to Pub. Util. Code § 202(d)(2)(A) that would still sound a loud warning of on-coming trains at the crossing.
5. Considering relevant federal regulatory requirements for audible warning devices at railroad crossings, Pub. Util. Code §§ 7604 and 1202(d)(2)(A), the potential liability to the railroad for accidents at this location, and the need to protect railroad employees at this crossing, the Commission cannot impose a no-horn rule for this railroad crossing as requested by complainant.
6. The Complaint should be dismissed for lack of Commission jurisdiction.
IT IS ORDERED that:
1. The motion of Union Pacific Railroad Company to dismiss the complaint is granted.
2. No hearing is required, therefore, Article 2.5 ceased to apply.
3. Case 01-12-047 is closed.
This order is effective today.
Dated October 24, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
