If a tourist operation off the general system is insular, FRA does not exercise jurisdiction over it, and none of FRA's rules apply. If, however, such an operation is not insular, FRA exercises jurisdiction over the operation, and some of FRA's rules (i.e., those that specifically apply beyond the general system to such operations) will apply. For example, FRA's rules on accident reporting, steam locomotives, and grade crossing signals apply to these non-insular tourist operations (see 49 CFR 225.3, 230.2 amd 234.3), as do all of FRA's procedural rules (49 CFR parts 209, 211, and 216) and the Federal railroad safety statutes themselves.

In drafting safety rules, FRA has a specific obligation to consider financial, operational, or other factors that may be unique to tourist operations. 49 U.S.C. 20103(f). Accordingly, FRA is careful to consider those factors in determining whether any particular rule will apply to tourist operations. Therefore, although FRA asserts jurisdiction quite broadly over these operations, we work to ensure that the rules we issue are appropriate to their somewhat special circumstances.

It is important to note that FRA's exercise of its regulatory authority on a given matter does not preclude it from subsequently amending its regulations on that subject to bring in railroads originally excluded. More important, the self-imposed restrictions on FRA's exercise of regulatory authority in no way constrain its exercise of emergency order authority under section 203 of the Safety Act. That authority was designed to deal with imminent hazards not dealt with by existing regulations and/or so dangerous as to require immediate, ex parte action on the government's part. Thus, a railroad excluded from the reach of any of FRA's regulations is fully within the reach of FRA's emergency order authority, which is coextensive with FRA's statutory jurisdiction over all railroads.

I'd just like to understand the FRA's scope in the process regarding tourist railroads better.

I keep a current copy of all the Title 49 Parts that we have to comply with as well as those we should comply with and do. We operate as professionally as possible so in case something happens, we can defend ourselves better and avoid fines for being a bunch of clueless yahoos.

But I'm curious, are we supposed to have FRA inspections annually, or are we supposed to do our own inspections and report

Without sounding flippant, it depends. There are tourist railroads that are also general system railroads, which have to comply with all FRA regulations.

It’s been a while since I’ve done a survey, but I suspect most tourist operations fall into the “non insular non general system” category.

Do you have a specific regulation or property you’d like to discuss?

First, that chart is not "the law" but an interpretation of the law. Bottom line, is that if you run on rails, if you scare them bad enough, the FRA can come hunt you down. I don't know how often that has ever happened.

Clarification - The Federal Railroad Administration (“FRA”) enforces the Federal railroad safety statutes under delegation from the Secretary of Transportation. Regulations implementing the Federal rail safety laws are found at 49 CFR parts 209-244. The flow chart is based on policy as outlined in 49 CFR Part 209, Appendix A and FRA policy regarding jurisdiction on tourist/excursion operations. It is a tool to assist the rail operator understand what regulations apply , by policy, based on the operational environment (insular, non insular, general system)

First question, are you a part of the system? You are allowed to be connected, the FRA expects you may do things such as have equipment delivered in and out, or maybe get a few gondolas of ballast for your RR. But you can't switch cars for customers or allow others to do so over your tracks.

2nd, is are your insular? The basic premise, is that can anyone, other then a customer or employee, get to your RR without trespassing? If you have a crossing, even a footpath, you are not insular. If you have bridge OVER a footpath, not insular. Not too many tourist RR's can manage to have both a few miles of rail and also stay insular.

Clarification - A tourist operation will not be considered insular if one or more of the following exists on its line:

•A public highway-rail crossing[/u] that is in use; Clarification - This isn't a "footpath", but any public highway grade crossing. Private crossings, pedestrian crossings, etc. do not fall under this term.

•An at-grade rail crossing that is in use; Clarification - This is where the track of a railroad crosses the tracks of the tourist railroad,

•A bridge over a public road or waters used for commercial navigation; or Clarification - Typically a tourist railroad crossing on a bridge over a public highway/road or a water way (think draw bridge).

•A common corridor with a railroad, i.e., its operations are within 30 feet of those of any railroad.

As I see it, the FRA will not inspect or enforce track standards on you, which is a privilege to use wisely. What you could run a gang car on safely, you may not be able to run larger equipment on. I think that's the case for many of the unenforced regulations, to give you breathing room for obsolete equipment, light loadings and low speeds.

Clarification - See 49 CFR Part 213.3, Applicability. Part 213 has always been a minimum industry standard and is used by transit and plant railroads. A railroad excluded from the reach of any of FRA's regulations is within the reach of FRA's emergency order authority, which is coextensive with FRA's statutory jurisdiction over all railroads.

I wonder if there would be enforcement of part 230, if there had been no Gettysburg? Which suggest that if something bad happens, the FRA may expand their range of enforcements.

we now have to define 'public road'