So looking at the proposed future map it looks like CMRR is planning on reconnecting to live rail back to CSX. Even if they currently won't allow it I'd atleast try to convince the new legislature to keep the corridor or railbed intact so the possibility could be there. Maybe even see if the operating could be extended closer to live rail again, even if you have to relay some track. I'm not familiar with that area of the line but just the thoughts I had. If that section of corridor gets built on or otherwise dissected then that possibility of eer connecting to live rail is gone for good.

On page 33 of their business plan

Thanks! I must have over looked that!

Interesting. Right now, they are under "FRA Lite" (quasi-exempt from most regs, which means allowed to "spin their own" vastly simplified procedures in place of most FRA regs).

Their own excursion train exiting the general system and entering their track won't place them in the general system. The train needs to comply with the full FRA reg (not 227 238 239) because it is roaming the general system, but the line doesn't.

However, hauling freight for a third party for hire (NYCDEP) certainly will hale them into the General System. That means the Kingston business will need to comply with all of Title 49, except for 227, 238 and 239 which exempt all heritage operations. However, I suppose they could lease the track to NYCDEP for the duration, at which point it would be NYCDEP's own spur. A customer's own spur is not in the general system. I suppose the tourist train could leaseback the line, as lots of tourist trains run on industrial spurs - MTM into the airbase, Oak Ridge on plant property etc.