THE BELOW POST LEADS ME TO A QUESTION

>Posted By: Frederick G. Bailey >
>Date: Thursday, 6 November 2003, at 5:47 p.m.

>One of the stalwarts of steam, the White >Mountain Central Railroad located at Clark's >Trading Post in Lincoln, NH, has acquired a 65->ton GE diesel that was formerly leased to the >Newport Dinner Train operation in Rhode Island. >WMC will still endeavour to maintain it's 40->year-plus commitment to steam-powered excursions >trains, but is facing new State of New Hampshire >boiler inspection regulations which require >ultra-sound testing of the WMC's locomotive >boilers. Not knowing what the ultra-sound >testing, scheduled to take place over the Winter >months, will show, the WMC has chosen to protect >its 2004 season with diesel power in the event >its steam power needs major work. That's a wise >move as the WMC excursion train, and its >affiliated "Wolfman Territory", are major >components of the entertainment package offered >at Clark's Trading Post.

The thing that caught my eye was the issue of NH Boiler Regs.

IN a past life, I dealt w/ employee benefit plans-which were regulated exclusively @ the Federal level due a doctrine known as "ERISA Preemption", which meant that through an (somewhat dubious, if you ask some individuals) application of the interstate commerce clause all state employee benefit plan laws were pre-empted by the ERISA law of 1974 and the Internal Revenue Code.

In that vein, assuming WMC is not landlocked, is therepart of the general rail system, therefore interstate commerce and subject to federal regulation, how does state rules apply? Seems like a lot of overlap to have the new Part 230 rules AND 50+ states, etc issuing laws/regs covering the same thing...I do remember that cabooses were retained into the 80's due to state law ...can any legal/compliance types offer any thoughts?



Superheater@rrmail.com

WMC is landlocked and has no public crossings.

> THE BELOW POST LEADS ME TO A QUESTION

> The thing that caught my eye was the issue
> of NH Boiler Regs.

> IN a past life, I dealt w/ employee benefit
> plans-which were regulated exclusively @ the
> Federal level due a doctrine known as
> "ERISA Preemption", which meant
> that through an (somewhat dubious, if you
> ask some individuals) application of the
> interstate commerce clause all state
> employee benefit plan laws were pre-empted
> by the ERISA law of 1974 and the Internal
> Revenue Code.

> In that vein, assuming WMC is not
> landlocked, is therepart of the general rail
> system, therefore interstate commerce and
> subject to federal regulation, how does
> state rules apply? Seems like a lot of
> overlap to have the new Part 230 rules AND
> 50+ states, etc issuing laws/regs covering
> the same thing...I do remember that cabooses
> were retained into the 80's due to state law
> ...can any legal/compliance types offer any
> thoughts?


belpaire@aol.com

> WMC is landlocked and has no public
> crossings.

Thanks!

Superheater@rrmail.com

> Thanks!

Some states have adopted the FRA code or something very similar to govern the insular operations that do not fall under FRA's jusrisdiction. NH might be one of those.

> Some states have adopted the FRA code or
> something very similar to govern the insular
> operations that do not fall under FRA's
> jusrisdiction. NH might be one of those.
Hi all david told me that the state of NH. past a law that all old boilers must be UT. And they didn't tell anyone about it. They almost didn't run this year but the got a extention for 1 year. Also they must hire a outside testing outfit and they can't do it themselfs. imo more states may do things like this thanks to the ohio boiler explosion. thats it for now