19950417Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER NELSON
COMMISSIONER HANSEN
COMMISSIONER SMITH
MYRA WALTERS
BRA PURDY
TONYACLAR
GARY RICHASON
WORKNG FILE
FROM: ROBERT iiORTON ~
DATE: APRIL 17, 1995
SUBJECT: CASE NO. UP-RR-95-1, AMAGAMATED SUGAR COMPANY'S
RAILROAD CLEARCE RULE WAIVER REQUEST
On December 14, 1994, Amalgamated Sugar Company formally requested a waìver of
the Commission's railroad clearance rues. They seek the waiver for a platform which was
erected with abuilding at Amalgamated's Nampa, Idaho processing facilty. The platform is
between two rail spurs which termate inside the buildig.
The platform spreads to withn approximately 6' i" from the centerline of the tracks
on both sides of the platform whereas the Commission's Railroad Clearance Rule 304 requires
8' 6" from the centerline of the tracks. The platform was built 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 distrbute the sugar being loaded.
On Febru 14, 1995 the Commission approved the sta recommendation that the
application be processed by modified procedure and on March 13, 1995 notice was given to
the Union Pacific Railroad, rail workers unon safety representatives, and Amalgamated
workers unon representatives. Amalgamated was also requied to post notice of the waiver
request for the attention of all of its workers who might be afected in any maner. No
comments were received.
Sta recommends that the waiver request be approved.
COMMISSION DECISION:
Shall the waiver request be approved?
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amalgaa.mem