19990128Decision Memo.pdf

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DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
DON HOWELL
DAVI SCOTT
RON LAW
FROM: BOB HORTON
DATE: JANUARY 28, 1999
SUBJECT: REQUEST FOR WAIVR OF COMMISSION'S RAILROAD
CLEARACE RULES
We have received a letter from Crown Pacific seekig a waiver of the Commssion's railroad
clearance regulations. Crown Pacific recently constructed netting platform devÍces alongside and
above the railroad spur tracks on their property at it's Bonner's Ferr plant. The devices do not
meet the Commssion's side and overhead clearance standards, IDAPA 31.71.01.000 et seq. The
netting devices were built to rectify a safety hazard for Crown Pacific workers who previously
were required to car a net up the ladder on the sides of a rail hopper car, then balance on the top
edges of the rail car while covering its open top.
The application for the waiver was filed when Crown Pacific leared from railroad personnel that
the platform devices fall short of meeting the normal clearance requirements. Our side clearance
rule 53 requires a setback from the center line of the tracks of8' 6" and the platform upon which
the workers walk comes to 7' 6-5/16" from the centerline of the tracks for the 60' length of the
platform. In addition, at each end of the platform there is a cable support ar extending
perpendicular above the tracks that is 23' 4" above the top of the rails. Our overload clearance
rule 201 normally requires 23'6" (at the centerline ofthe tracks, at the highest point of the "arch"
of the clearance zones. See the attached diagram). An OSHA mandated worker's safety harness
is connected to a cable stretched along the centerline between the tracks between the support
ars. The afected plant workers are very much in favor of such safety measures.
DECISION MEMORAUM 1
The rail spur termates on the Applicant's propert no further th 150 yards west of the
platform and no other rail users are afected as the additional track is used only for temporar
storage of idle cars.
In the past the Commssion ha granted several waivers for similar platforms constructed under
simiar circumstances afer processing the application via modified procedure. The railroads have
concurred with the waivers so long as appropriate signs are posted warng any rail personnel of
the impaired clearance. In this instance Crown Pacific advises the rairoad has no objections if
proper warng signs are placed for their crew at the entry enCl of the spur.
Staff recommends that ths application be processed by modified procedure.
COMMISSION DECISION
Should this matter be processed under modified procedure.
DECISION MEMORAUM 2
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