BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of THE BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY Petitioner, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. TR-001697 ORDER GRANTING PETITION FOR WAIVER OF CLEARANCE RULE BACKGROUND 1 On October 9, 2000, The Burlington Northern and Santa Fe Railway Company petitioned the Commission to waive its requirement for minimum side clearances of 8 feet 6 inches at the proposed commuter rail station at Tukwila, Washington between Mile Post 10.8X and 11.1X. The purpose of the waiver is to allow construction of a fence between the double main line tracks to prevent commuters from crossing the tracks at dangerous locations. DISCUSSION 2 The distance between track centers is 14 feet 4 inches. The clear distance from the fence to each track centerline will be 7 feet, but Commission rules require a clear distance of 8 feet 6 inches for a fence that is four feet high as proposed. 3 Commission staff investigated the site and the reasons for the requested waiver. The tracks cannot be moved further apart at a reasonable cost because of the need for enormous amounts of fill and the requirement of widening a bridge. The fence is needed for user safety because passenger platforms must be built on both sides of the right of way. The main purpose for clearance rules is the safety of employees who ride the side of a train during switching movements. No switching occurs that requires use of the area where the fence is proposed. Signage at each end of the fence, and notice placed in the Superintendent’s notice or bulletin is sufficient to protect employees in the area. 4 Commission Staff recommend the petition be granted, subject to specified conditions. 5 The Commissioners have reviewed the petition and have been fully advised in the matter. They believe that granting the petition, subject to the conditions set forth below, is in the public interest, and direct the Secretary to issue the Order. ORDER 6 THE COMMISSION GRANTS the petition of the Burlington Northern Santa Fe Railroad Company for waiver of the Commission’s rule for minimum side clearances of 8 feet 6 inches at the proposed commuter rail station at Tukwila, Washington between Mile Post 10.8X and 11.1X subject to the following conditions: 7 1) Vertical close clearance signs approved by Commission Staff will be erected at each end of the fence constructed at the commuter rail station. 2) Notice shall be placed in the Superintendent’s bulletin on a permanent basis warning of the close clearance problem at this location. 8 Dated at Olympia, Washington, and effective this 14th day of February, 2001. THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J.WASHBURN, Secretary