Valley Railroad and Wanamaker Kempton and Southern-FRA?

jim templin · **Posted:** Fri Jul 10, 2009 10:35 pm

Just heard from a good source that these RRs are not under the FRA any more, and, more specifically, the WWKS is regulated as a "transit line."

Firstly, is this true, and if so how is the exemption applied

Second, just what qualifies as a "transit line."

Just curious.

J.David · **Posted:** Sat Jul 11, 2009 10:37 am

Jim:
I don't think that your source is correct in re-Valley...
Check out 49CFR Part 209, Appendix A "The Extent and Exercise of FRA's Safety Jurisdiction".
It is true that prior to 1990 the FRA chose not to exercise their jurisdiction over a number of tourist railroads. After The Rail Safety Act of 1988 was enacted, the FRA's responcibilities were broadened and we were notified that we would be coming under their jurisdiction. I had conversations with the FRA and we agreed on a "phase in" period, which was easily accomplished.
That said, The Valley is regulated "less than the total universe of railroads." For instance, at this time, we aren't subject to 49CFR Part 223 "Safety Glazing Standards".
Since 1990, The Valley and the FRA have had an excellent relationship. Any time we need help or advise they always give it (even in areas where they don't regulate us).
J.David

limejuice · **Joined:** Sat Jan 31, 2009 7:58 pm **Posts:** 80

Don't know for certain, but since WK&S has highway grade crossings, they fall under FRA jurisdiction, or at least the crossings do.

akulak2708 · **Posted:** Tue Jul 14, 2009 4:56 am

JimBoylan · **Posted:** Tue Jul 14, 2009 10:35 am

There're more than 1 "Federal Regulations" that the F. R. A. is or isn't involved with. On some of them, they have taken the position that they can choose if they inspect and enforce, or not. In other cases, they have taken the position that the regulation that the particular regulation or law doesn't cover, or exempts, a particular kind of operation. Sometimes they might take the position that the whole operation has to be examined to make a determination.
F. R. A. did argue successfully that they could inspect the East Broad Top's boilers, and have occasionally exercised that right. They have not required the E. B. T. to conform to the track standards about minimum distance between the rails!
Title 49 of the Code of Federal Regulations has a number of statements by the F. R. A. about their view of what they do with some of the regulations. It can be read on line at the Government Printing office, gpo.gov
The devil is in the details, and his successor may have a different opinion!