In this thread over on the Narrow Gauge Discussion Forum, one of the posters asserts that the engines at Cass are inspected by the FRA as a courtesy, but that full FRA oversight is not imposed (ostensibly because it's insular?). Does the FRA do this sort of thing and if so why, given that most states have their own internal boiler inspection departments.

A local operation is seeking this sort of remedy in its dealing with state boiler regulations, but I could never figure how you could get some of FRA (locomotives) without winding up with all of the FRA (track, work rules, etc).

Also, if the FRA chooses to provide such courtesy inspection, do the boiler operating personnel (engineer and fireman) then fall under Federal jurisdiction or does the inspection only indicate adherence to Federal rules/ "best managment practices"? Please educate me on this.

Michael Seitz
Missoula MT

Link to original NGDF thread (about 8 posts in) http://ngdiscussion.net/phorum/read.php?1,160299

But Cass is not insular. They have a connection to the outside world at Spruce with the West Virginia Central.

FRA jurisdiction is one of those subjects where your chance of getting accurate information on web forums is very close to 0. The most opinionated folk think they know, and they do not.

Congress gives FRA authority over all ground transportation using guideways, except for toy trains under 24" gage. For policy reasons FRA choose not to exercise jurisdiction everywhere it could, and the result is a mild patchwork of chosen jurisdiction, documented in the NG forum links
http://www.fra.dot.gov/downloads/counse ... elines.pdf
http://www.fra.dot.gov/Downloads/Counse ... onTree.pdf
and in 49 CFR 209 appendix A, the section following "The Extent and Exercise Of FRA's Safety Jurisdiction".

Those amply cover it. Cass's steam engines are fully regulated. Their track is not.

Note a couple of things. Many outfits "turn a rail" to separate themselves from the general system of transportation. That is not necessary, and is a requirement often laid by a local inspector who hasn't kept up. FRA is quite clear that you may have an interchange to live track, so long as only you use it - i.e. no handling freight cars for other customers. For instance most of the California railroads have live interchanges. SP 2472 and its excursion consist could come and go freely on it without placing Niles Canyon Railway's line in the "general system". They could receive hoppers of ballast, but not hoppers of portland cement for the local redi-mix plant.

But FRA retains all the rights Congress gave them. They may generally choose not to regulate, but they could extend their authority and issue emergency orders on the drop of a hat if a truly urgent situation arose. They could hit Cass for track, WMATA for signals, or the Disney monorail for safety appliances - if they so chose. They could do it one-time, or they could permanently add regulation to a whole class of railroads. So - don't give them a reason.