Narrow Gauge Railroad Discussion Forum

Many have asked me over the last couple of years when Eureka may be able to run on the Durango & Silverton, the Cumbres & Toltec or some other railroad outside of Nevada. In 2005 I applied to the FRA for a waiver of the removal of the tubes due to the minimal time Eureka had run,the care which it has received and the ideal conditions under which it is stored when not in use, as well as further detailed inspections by both FRA inspectors and Nevada State boiler inspectors. After thorough inspections, discussion, and examination of all the circumstances surrounding the minimal use, storage and condition of the locomotive, the FRA has granted the waiver request for Eureka. There are specific requirements and limitations in the waiver ruling which must be observed. It has been a long process, but the FRA has recognized the unique situation for the locomotive.

I do want to say, that in spite of the length of time it has taken to obtain the waiver, that it has been a pleasure working with the FRA. I am grateful to the FRA for allowing me the opportunity to again share Eureka in other venues than Nevada. To those that supported the waiver, I thank you. For those that did not think it should be granted, I respect your input nevertheless. However, the FRA rules do provide for the waiver process for special situations of which ALL the railroads from time to time have found it necessary to pursue for one reason or another. On a case by case basis, the FRA grants or denies them, depending upon the evidence. The FRA rules recognize that a given "rule" may not necessarily be a one size fits all situation. This goes not only for the FRA rules, but the Federal Aviation Regulations and many others.

I should also note, that the fact the waiver was granted was not something I planned on making any public comment about. However, inevitably, the word has leaked out and I have seen it published elsewhere on the internet. So, in light of the many inquiries I have received, and the current photo and article in Trains magazine special colllector's edition of "STEAM TODAY," I figured it was an appropriate time to say something.

It is not my desire to start a debate again whether a waiver should have been granted or not. Nor should this waiver be considered carte blanche for other steam locomotives to get a waiver. Considering the time, effort, and analysis that must be experienced in the process, in most cases I think that it is far more expedient to do the inspetion by pulling the tubes to get the engine back in service. This is particularly true when a locomotive is in more or less regular use, and many other factors. However, for Eureka the waiver process was the best course of action.

Anyway, for those that follow Eureka, I thought you would like to know the current status.

Dan Markoff