Re: Surface Transportation Board STB and narrow gauge

I have posted this link before, but it is good to review now and then.

At one time, all jurisdictions regarding both rates and safety fell under the ICC and state jurisdictions as applicable. Safety statutes were transferred from the ICC to the US DOT when it was created in the late 1960's along with it's railroad safety agency, the Federal Railroad Administration. The ICC later became the Surface Transportation Board and deals with rates, abandonment, new railroads and other non safety issues. 49 CFR Part 209 has a good discussion in Appendix A regarding some of this history along with "interstate commerce", "general system of transportation" and the definition of railroads in general regarding FRA Safety Jurisdiction. How the Railroad Retirement question and applicability is answered is a question for the Railroad Retirement Board. I asked it once when I worked for the Grand Canyon Railway in the 1990's. Didn't really get a clear answer, other than it is handled on a case by case basis for each tourist operation. Things have changed dramatically regarding all kinds of railroad operations over the years and the government processes and procedures change with them.

This is the link to 49 CFR Part 209, Appendix A, Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws.

Scroll down to the section titled “The Extent and Exercise of FRA’s Safety Jurisdiction.” This will clarify FRA jurisdiction regarding all railroads, including tourist and excursion operations.

Hope this helps!

Mike Ramsey