Railway Preservation News :: View topic - FRA emergency waiver letter 3-25

Specific to 230.... It is my own opinion (having served with the committee) that the best practice is to maintain all of your inspections, INVITE FRA to attend and remember, they can waive their right to attend an inspection. This is not an open book to STOP doing inspections!!!!

Read this correctly; The FRA is offering RELIEF to SOME rules in the face of a crisis. That does not mean.....FRA gave up and went away and it does not mean that Safety is no longer our FIRST Priority. It means, the system is taxed and we have some RELIEF on what FRA is going to be tough on.

Do your annuals, get ready for your season and understand that FRA may not attend....does not mean you do NOT have to do the inspections. Unless they announce otherwise, which so far, no changes to part 230.

Kindly,

JohnE.

Author:	Randy Gustafson [ Thu Mar 26, 2020 8:57 am ]
Post subject:	FRA emergency waiver letter 3-25
For anybody still operating or with freight activity, this just in: https://www.railwayage.com/wp-content/u ... 252020.pdf

Author:	CJCheely [ Thu Mar 26, 2020 11:16 am ]
Post subject:	Re: FRA emergency waiver letter 3-25
There are a number of tourist railroad and museums requesting relief, many for certifications and inspections. website with petitions https://www.regulations.gov/docket?D=FRA-2020-0002

Author:	Wasatch RR Cont [ Thu Mar 26, 2020 1:39 pm ]
Post subject:	Re: FRA emergency waiver letter 3-25
Specific to 230.... It is my own opinion (having served with the committee) that the best practice is to maintain all of your inspections, INVITE FRA to attend and remember, they can waive their right to attend an inspection. This is not an open book to STOP doing inspections!!!! Read this correctly; The FRA is offering RELIEF to SOME rules in the face of a crisis. That does not mean.....FRA gave up and went away and it does not mean that Safety is no longer our FIRST Priority. It means, the system is taxed and we have some RELIEF on what FRA is going to be tough on. Do your annuals, get ready for your season and understand that FRA may not attend....does not mean you do NOT have to do the inspections. Unless they announce otherwise, which so far, no changes to part 230. Kindly, JohnE.

Author:	Jeffrey Fefferlyn [ Thu Mar 26, 2020 3:13 pm ]
Post subject:	Re: FRA emergency waiver letter 3-25
Wasatch RR Cont wrote: Specific to 230.... It is my own opinion (having served with the committee) that the best practice is to maintain all of your inspections, INVITE FRA to attend and remember, they can waive their right to attend an inspection. This is not an open book to STOP doing inspections!!!! Read this correctly; The FRA is offering RELIEF to SOME rules in the face of a crisis. That does not mean.....FRA gave up and went away and it does not mean that Safety is no longer our FIRST Priority. It means, the system is taxed and we have some RELIEF on what FRA is going to be tough on. Do your annuals, get ready for your season and understand that FRA may not attend....does not mean you do NOT have to do the inspections. Unless they announce otherwise, which so far, no changes to part 230. Kindly, JohnE. Nowhere in the FRA Emergency Docket FRA-2020-0002 publication is anything mentioned regarding part 230. Why are you speculating a scenario that has no bearing on the substance of the publication? Jeff

Author:	Wasatch RR Cont [ Thu Mar 26, 2020 3:52 pm ]
Post subject:	Re: FRA emergency waiver letter 3-25
I am speculating because already today, two of my customers have called saying that FRA has relaxed ALL of the rules. Too many in our industry do NOT read the publications or postings. They get it from their buddy Joe. Randy G posted it here....many will (and already have) assumed that it applies to 230. I know for fact that people have called DC (tourist lines) asking for waivers on annuals this year. I speculated to ensure that everybody reads and understands it. The question about 230 regs is out there and you are correct, Jeff, there is nothing that indicates that FRA will take 230 action....so do not assume it will happen. That help.... ? I am sure other companies who have steam customers have had the same calls....? Kindly, JohnE.

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Author:	MD Ramsey [ Thu Mar 26, 2020 5:45 pm ]
Post subject:	Re: FRA emergency waiver letter 3-25
Well explained John! It doesn't make any difference if it is Part 230 or any another FRA regulation. If a railroad requests relief for any regulation, it has to be done as as explained under the requirements and as outlined in 49 CFR Part 211.45 (e): https://www.ecfr.gov/cgi-bin/text-idx?S ... .4.211_145 "Content of petitions for emergency waivers. Petitions submitted to FRA pursuant to this section should specifically address how the petition is related to the emergency, and to the extent practicable, contain the information required under §211.9(a) and (b). The petition should at a minimum describe the following: how the petitioner or public is affected by the emergency (including the impact on railroad operations); what FRA regulations are implicated by the emergency (e.g., movement of defective equipment); how waiver of the implicated regulations would benefit petitioner during the emergency; and how long the petitioner expects to be affected by the emergency." This is not a "blanket" waiver that suspends FRA regulatory requirements. MD Ramsey

Author:	Randy Gustafson [ Fri Mar 27, 2020 10:43 am ]
Post subject:	Re: FRA emergency waiver letter 3-25
Thank you Mike. The best part about RYPN is that people that actually know something are here.

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