20170914final_order_no_33875.pdf

Office of the Secretary
Service Date
September 14,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF BNSF RAILWAY COMPANY FOR A )CASE NO.BNR-R-17-O1
CLEARANCE WAIVER )
)ORDER NO.33875
_________________________________________________________________________________
)
On June 30,2017,BNSF Railway Company (“BNSF”)filed with the Commission a
request for a waiver of the clearance requirements in the Commission’s Railroad Clearance
Rules (“Application”).See IDAPA 31.71.01.c/seq.Exemptions to the Railroad Clearance
Rules may be considered by the Commission case-by-case upon proper application.See IDAPA
31.71.01.008 (Rule 8).
On August 3,2017,the Commission issued a Notice of Application and Modified
Procedure.See Order No,33832.Commission Staff submitted the only comments.
THE APPLICATION
BNSF stated that it needs a clearance waiver from IDAPA 31.71.01.301 (Rule 301)
because it must install a “Track and Time Point Sign”with an outside edge that will be 6 feet 6
inches from the center lines of the two underlying mains.Rule 301 requires at least 8 feet 6
inches for all side clearances.IDAPA 31.71.01.301.A diagram of the sign BNSF proposed to
use was attached to BNSF’s Application.See Application at 2.BNSF stated it needs a clearance
waiver to show BNSF is authorized to work on the track and install the non-conforming sign.
See Application at 1.
STAFF COMMENTS
On August 15,2017,Commission Staff met with BNSF representatives at the sign’s
proposed location in the East Hauser Main located east of Hauser,Idaho,and reviewed
construction diagrams and drawings prepared by BNSF.
Staff stated that the side clearance rules protect the safety of railroad workers who
may have to ride on the outside edge of a rail car.See Staff Comments at 1.If signage impinges
on the tracks,a worker may be injured,or material being transported on the rail car that may
extend out from the edge of the car may be damaged.Id.
Staff next indicated that BNSF needs the requested Track and Time Point Sign to
control equipment movement on specific sections of track,and limit that movement to
ORDER NO.33875
authorized-personnel and equipment.By doing this,BNSF intends to improve the safety of
workers and equipment that may be near the controlled track section.Id,at 2.Staff determined
that reconfiguring the two new main lines required the sign be placed equally between the center
lines of the two tracks.Id.However,as the Company stated,equally spacing the sign between
the mains would require a 6 feet 6 inch clearance distance,the maximum allowed by the track
infrastructure.Id.
Staff determined that BNSF’s existing and proposed conditions pose no danger of
signs impinging on workers or material overhanging the rail car.First,there are no physical
barriers or sight obstructions near the proposed sign that would necessitate side clearance beyond
the requested 6 feet 6 inch clearance distance.Second,the track speed limit is 40 miles per hour
and,therefore,the proposed sign would be obvious to approaching equipment.Id.Staff
therefore recommended that the Commission grant BNSF’s side clearance waiver,and authorize
BNSF to place the sign at a point equidistant from the two main lines at 6 feet 6 inches.
FINDINGS AND DISCUSSION
We have reviewed the record,including the Application and Staffs comments.
Based on our review,we find it reasonable to approve BNSF’s requested waiver of the 8 feet 6
inch side clearance specified in Rule 301.We note that no one opposed the Application.
Further,based on Staffs observations and analysis,there is no danger that would necessitate
more than the 6 feet 6 inch clearance proposed by the Company.Accordingly,we find it
reasonable to grant BNSF’s Application.
We also find it reasonable to direct BNSF to promptly notify the Commission’s
Railroad Safety Division Staff when the sign has been installed so Staff may inspect the sign to
confirm it has been constructed and placed in conformance with this Order.
ORDER
IT IS THEREFORE ORDERED that BNSF’s Application for a waiver from Railroad
Clearance Rule 301 is granted.The Company shall erect its proposed sign at a point equidistant
from the center of the two main lines,at 6 feet 6 inches.
IT IS FURTHER ORDERED that BNSF promptly notify the Commission’s Railroad
Safety Division Staff once the proposed sign is installed,and that Commission Staff then visit
the facility to confirm the sign is constructed and placed in accordance with this Order.
ORDER NO.33875 2
THIS IS A FINAL ORDER.Any person interested in this order (or in issues finally
decided by this Order)may petition for reconsideration within twenty-one (21)days of the
service date of this order with regard to any matter decided in this order.Within seven (7)days
after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §61-626.
4lDONEbyOrderoftheIdahoPublicUtilitiesCommissionatBoise,Idaho this 11
day of September 2017.
ATTEST:
.•
Diane M.Hanian
Commission Secretary
O:BNR-R-I 7-Olsc2
PRESIDENT
I ONER
ERIC ANDERSON,COMMISSIONER
ORDER NO.33875 3