19950111Decision Memo.pdf

DECISION MEMORADUM
TO: COMMISSIONER SMITH
COMMISSIONER MILLER
COMMISSIONER NELSON
MYRNA WALTERS
MARY FRIDDLE
DON HOWELL
GARY RICHARDSON
TONYACLARK
WORKNG FILE
FROM: ROBERT HORTON
DATE: JANUARY 11, 1995
SUBJECT: RALROAD CLEARACE RULE WAIVER REQUEST
On December 14, 1994, Amalgamated Sugar Company formally requested a waiver of the
Commission's railroad clearance rules. They seek the waiver for a platform erected within a
building at Amalgamated's Nampa, Idaho processing facilty. The platform is between two
rail spurs which terminate inside the building. On frequent occassions Union Pacific spots
railcars inside and adjacent to the platform.
The platform was intially constrcted during the mid 1980's to enable Amalgamated's
employees to more safely access the top of rail cars so that they might enter and clean top
loaded units, position loading spouts to fill them, and to distribute the sugar being loaded, It
spreads to within approximately 6' 1" from the centerline of the tracks on both sides of the
platform at a height approximately 13' 1 0-1/2" above the top of the rails. Although it thus
intrdes into clearance zones specified by the Commission's Railroad Clearance Rules for
both side and height clearance distances, no waiver was sought.
This past fall Amalgamated extended the platform's length and used a different support at the
new end of the extension. On a subsequent occasion a rail car having a sliding side. door was
brought into the facility. The car's door, when open, protuded slightly and strck the new
vertical support at the end. This platform support was repositioned to prevent any fuher
recurence, however the incident caused Union Pacific's local manager of terminal operations
to bring our clearance requirements to the attention of Amalgamated.
It appears that the American Federation of Grain Milers, on behalf of Amalgamated's
employees who work on or within the rail cars, wil support the application. Union Pacific
may not concur. Staff recommends that the application be processed by modified procedure
providing notice also to the rail workers union safety representatives and requiring
Amalgamated to post notice of the waiver request for the attention of all other of its Workers
who might be affected in some maner.
Does the Commission wish to process the application by modified procedure?
amalgamem