I am 100% behind John West feeling of the question. I believe you can find the list of proposals (RFP) to run the C&TS right in this Discussion group where the applicant explained his back ground of the name Jerry Fisher. I knew Jerry Fisher of the FTA and talked to him several time about the federal FRA laws as he visited the Friend of East Broad Top events in PA. One statement by him shocked me that he said he could shut down the EBT because of the side slope of embankment in a few spots had the dirt falling off right next to the end of the ties. He kind of suggest the locomotive could cause the subgrade to give away and turn a engine over. I believe the spots he talked about were some walking trails where people crossing had eaten a grove on the embankment, but only about two ties apart. Strange.
I believe his proposal which was definitely designed to only operate the west half from Osier to Chama required him to explain his background for having railroad operating experience. He noted that he was or had been a Federal Transit Agency employee and worked for the FRA. I do not know if he was going to retire if he won the proposal. I connected the two by the name Jerry Fisher, who has now died, but what are the chances that there are two Jerry Fisher both in the railroad interests?
During my conversation about Federal law and the EBT and C&TS, he was in agreement with me that the C&TS was not a common carrier even though it crossed state lines, It DID NOT CARRY COMMERCE. PASSENGER ARE NOT COMMERCE. Passengers on the C&TS are no more commerce than passenger on any trolley, interurban, or subway into New York City from NJ. He agreed that the C&TS was actually exempt from FRA by exemption #1 :"Rapid Transit" which the FRA excludes any interest in because it is not interstate commerce. The C&TS has no commerce. Things are just fine the way they are so please don't make a issue of this private conversation. He may had felt the C&TS was not railroad industry but was a tourist industry operation not subject to the rules quoted by Chris Webster above.
The answer to the value of my history is all established within the replies to the Request for Proposals to operate the C&TS but the commission exercised their authority to ignore all proposals and formed their own operating organization.
The reply by Jerry Fisher must have been included within this NGDF as it was my only source of information at that time.
Edited 1 time(s). Last edit at 04/28/2019 03:17PM by OC MP62.