20170824Comments.pdf

SEAN COSTELLO
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 8743
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Street Address for Express Mail:
472W, WASHINGTON
BOISE, IDAHO 83702-59I8
Attorney for Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BNSF RAILWAY COMPANY FOR A
CLEARANCE WAIVER
CASE NO. BNR-R-17-01
COMMISSION STAFF
COMMENTS
BACKGROUND
On June 30,2017, BNSF Railway Company ("BNSF") filed a request for a clearance
waiver with the Commission. The request asked the Commission to grant BNSF a clearance
waiver from the provisions of its Railroad Clearance Rules, specifically IDAPA 31.71.01.301
(Rule 301). This rule requires side clearances for signs to be least eight feet six inches (8'6")
from the center lines of underlying mains. However, BNSF wants to place a "Track and Time
Point Sign" between two main lines that would have only six feet six inch (6'6") clearance from
the center lines. Exemptions to these side clearances may be considered by the Commission on a
case-by-case basis upon proper application. See IDAPA 31.71.01.008 (Rule 8).
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. Staff has additionally
reviewed construction diagrams and drawings prepared by BNSF.
STAFF REVIEW AND ANALYSIS
Side clearance distances are established to protect the safety of railroad employees
who may be required as part of their work to ride on the outside edge of a rail car. If signage is
allowed to be placed too close to the tracks, an employee could be rubbed off the side of the rail
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COMMISSION STAFF COMMENTS 1 AUGUST 24,2017
car by the signage. This would be very dangerous for the employee. Additionally, if any
material being transported on the rail car extends over the outer edges of the rail car, it could also
make contact with signage that is not far enough away from the tracks.
A track and time point sign is used by railroads to control equipment movement on
specific sections of track and limits that movement to authorized personnel and equipment. The
purpose of this sign is to ensure the safety of other workers or equipment in the vicinity of the
controlled track section.
BNSF is in the process of reconfiguring its track system in the Hauser rail yard. The
proposed track and time sign is to be placed between two newly relocated main lines. The
dimensions of the proposed sign are twenty-four inches by fifteen inches 24"x75" with a white
background and black lettering and borders. The wording on the sign says: "No Engine Beyond
This Point." This sign will be placed no higher than three feet (3') above the average track
elevation of the two main tracks. The sign is meant to be a controlling sign for equipment on
either of the main tracks and should be placed equally between the center lines of the two main
tracks. The new track design does not allow sufficient space between the two tracks for the
required clearance distances mandated by Rule 301. The six feet six inch (6'6") clearance
distance requested by BNSF is the maximum clearance distance from both tracks.
In this case, there are no physical barriers or sight obstructions in the area of the
proposed sign placement that would necessitate additional side clearance beyond the requested
six feet six inch (6'6") clearance distance. Further, the track speed limit in the area of the sign is
approximately 40 miles per hour. The sign with its proposed side clearances is visible and
obvious to approaching equipment.
Therefore, in this particular case, under existing and proposed conditions, the above
dangers are not increased if the sign is located at the six feet six inch (6'6") clearance distance
instead of the Rule 301 required eight feet six inch (8'6") clearance distance.
STAFF RECOMMENDATIONS
Staff recommends that BNSF receive the clearance waiver of the side clearance
requirements of Rule 301 for the sole purpose of placing the proposed track and point sign and
be allowed to locate the track and time point sign so it has maximum clearance distance from
both adjacent tracks at six feet six inches (6'6").
COMMISSION STAFF COMMENTS 2 AUGUST 24,2017
Respecttully submitted this t4#Ourof August 2017.
S-e
Sean Costello
Deputy Attorney General
N : BNR-R- I 7-0 I _sc_Staff Comments
COMMISSION STAFF COMMENTS J AUGUST 24,2017
CERTIFICATB OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24TH DAY OF AUGUST 2017,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. BNR.R-I7-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
MARK HLTNTER
BNSF RAILWAY
8O1O NIEMAN ROAD
LENEXA, KS 66219
E-MAIL: [e-mail]
SECRETARY
CERTIFICATE OF SERVICE
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