The thread below was getting unwieldy so here's a new one.
1. About dual-gauge road-railers: I think it's been pretty conclusively proven that the economics of transporation don't brake in favor of a rail haul segment on an intermodal run until 500 miles or more. If White Pass couldn't make a go of containerized NG frieght than CATS and EBT surely couldn't. Aside from which, the margins on intermodal would make the proposition a loser--lots of wear and tear for no good profit. I could go on, but you get my drift.
2. Yes, EBT does presently assert quite emphatically that they are insular and therefore not covered by FRA.
3. No, the EBT engines are not FRA part 233 (boiler regs) compliant, nor are a lot of other things (part of the charm from one point of view)
4. Will the EBT have to comply with Part 233, insular or not? Speaking personally with no inside knowledge I would say yes. The FRA has not yet chosen to test its jusridiction in the matter. Time will tell.
5. Does part 233 and other stuff present major challenges for the EBT? You bet. If you want to see her go soon. I'm not sure she'll be around forever as we've known her. Mind you the EBT could surprise us all as she has before, but there are new clouds on the horizon. I say go while you can rather than regret later.