Re: New Loop Article

Dan Robirds Wrote:
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> I am an engineer qualified under the FRA rules and
> have worked for shortlines that included running
> on trackage rights over Class 1 railroads.

Thanks Dan -- I forgot about you. Brain fart, I guess.

> According to 49CFR part 209 Appendix A
> ... "If a tourist operation off the general system
> is insular, FRA does not excercise jurisdiction
> over it, and none of FRA's rules apply. If,
> however, such an operation is not insular, FRA
> excercises 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.

My reading of FRA's website leads me to conclude that the Loop is not insular. Let me quote the FRA's website:

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Q. 3 - When is a tourist railroad not considered insular?

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

• A public highway-rail crossing that is in use;
• An at-grade rail crossing that is in use;
• A bridge over a public road or waters used for commercial navigation; or
• A common corridor with a railroad, i.e., its operations are within 30 feet of those of any railroad.

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Source: FRA.gov - Part 240 Questions and Answers

The Loop's high bridge certainly qualifies as a "A bridge over a public road", so the Loop cannot be considered insular by the FRA.

I have heard others argue that the entry road is not a public road because it only serves the Loop's parking lot. That argument overlooks the entry road's bike and pedestrian lanes that serve as the only non-motorized route between Silver Plume and Georgetown. Furthermore, the multiuse trail from the Devil's Gate parking lot to Silver Plume also passes under the Loop's high bridge.

I've walked the multi-use trail while photgraphing the loop. On busy weekends, I've observed hundreds of cyclists using that trail as well as the bike lanes on the entry road. Those bicylists do not fall within the business guest, licensee or trespasser categories that FRA lists in their question 2 on the same page of their website:

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Q. 2 - What does insular mean?

Answer: Insularity is an issue only regarding tourist operations over trackage outside of the general system used exclusively for such operations. FRA considers a tourist railroad to be insular if its operations are limited to a separate enclave in such a way that there is no reasonable expectation that the safety of any member of the public "except a business guest, a licensee of the tourist operation or an affiliated entity, or a trespasser" would be affected by the operation.

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Source: FRA.gov - Part 240 Questions and Answers

For those NGDF posters that like to bash bicyclists, I will conclude this post by observing that bicyclists appear to be the main reason why the Loop falls under FRA!

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Chris Webster
[www.speakeasy.org]