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Re: Boiler Explosion !

Earl Pitts
July 31, 2001 11:06AM
In regard to locomotive, Ohio can pass all the anti-steam laws they want to; where locomotives are concerned, they won't be worth the paper they are written on and will be unenforceable.
I call your attention to 49CFR Part 230, section 230.5, Preemptive Effect. In plain language, it sets forth the fact and legal precedent that the Locomotive Boiler Inspection Act (49 USC 20702-20703) preempts all State laws or regulations concerning locomotive safety and inspection. For the purposes of jusrisdiction, this means that any steam operation over which FRA exercises jusrisdiction (which is spelled out in section 230.2 Applicability) is exempt from State regulation.
For practical purposes, FRA covers anything that operates on the General system, anything that is not insular (as defined in this section), and anything 24-inch gauge and above. Thus, the little live steamers, amusement parks, etc. are outside FRA and may well be regulated by the States, but not "real" railroad stuff.....
In summary, you might see and hear some hack state politicians thumping the podium and making threats and trying to look good on the evening news, but in reality, they can't do a damn thing about steam locomotives that come under the FRA.
And that, IMO, is a GOOD thing.
Traction engines and hobby boilers are a whole 'nother thing. Going back to the turn of the century, most ag equipment and operations has been exempted from most Federal safety regulations. That's why farmers don't have to comply with most OSHA regs. This came about as part of large-scale lobbying efforts by the Grange and other farmer/ag groups to keep the government out of the farm machinery. If anything, farmers are even more fiercely independent than railroaders, and hate to be told what they can and can't do.
Some states do regulate said boilers and engines. Others don't. An incident such as this one will prod some states to begin regulating, and others to tighten the regs they already have.
At this time, there is no national code of boiler regulations that applies specifically to traction engines. The NBIC is working on such a code, but it's not in place yet, and even when it is, states that are not part of NBIC will not be covered by it. In the meantime, it's probably fair to say that the integrity of any given traction engine boiler is only as good as the integrity, knowledge and experience level of the person(s) who own it, maintain it and operate it.
Just as the rail industry has a few shylocks who will try to get away with anything, so does the traction engine genre.
That doesn't mean that we as rails can't learn something from this one, once the FACTS (as opposed to silly headlines and quotes from ignorant media-seekers) are known.
Subject Author Posted

Boiler Explosion !

El Coke July 30, 2001 07:28AM

Re: Boiler Explosion !

Mike Trent July 30, 2001 08:01AM

Re: Boiler Explosion !

Fred T July 30, 2001 08:42AM

Re: Boiler Explosion !

Mik July 30, 2001 09:24AM

Re: Boiler Explosion !

Bik July 30, 2001 11:23AM

Re: Trolls

ncng9 July 30, 2001 01:15PM

Re: Trolls

Don Richter July 30, 2001 01:25PM

Re: Good Point..

ncng9 July 30, 2001 01:47PM

Re: Trolls

Curtis F. July 30, 2001 03:23PM

If you want more information ...

Brian Norden July 30, 2001 08:38PM

Re: If you want more information ...

K Brand July 31, 2001 06:57AM

Re: If you want STILL more information ...

Brian Norden July 31, 2001 07:34PM

Re: Boiler Explosion !

Rick Steele July 31, 2001 09:41AM

Re: Boiler Explosion !

Earl Pitts July 31, 2001 11:06AM

Idiots in the news

Mik July 31, 2001 11:29AM

Re: Idiots in the news

Michael Allen July 31, 2001 05:52PM

regulations and overreactions

Mik July 31, 2001 08:18PM



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