19950222Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER SMITH
COMMISSIONER NELSON
COMMISSIONER HANSEN
MYRNA W ALTERS
MARY FRIDDLE
DON HOWELL
GARY RICHARDSON
TONYA CLARK
WOAANG FILE
FROM: ROBERT HORTON
DATE: FEBRUARY 22, 1995
SUBJECT: RAILROAD CLEARANCE 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 inti ally constructed durng 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 unts, position loading spouts to fill them, and to distnbute 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' 10-1/2" above the top of the rails. Although it thus
intrudes into clearance zones specified by the Commission's Railroad Clearance Rules for
both side and height clearance distaces, 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 fuer
recurence, however the incident caused Union Pacific's local manager of terminal operations
to bring our clearance requirements to the attention of Amalgamated.
The Amencan Federation of Grain Milers, on behalf of Amalgamated's employees who work
on or within the rail cars, indicates it wil support the application. It appears that 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 requinng
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?
amalga.mem