Over on the narrow gauge discussion board there has been an interesting thread about the situation that the "Eureka" is in regarding the FRA.Instead of trying to restate anything or everything posted, here is the url link and you can read it yourselves. If nothing else read the posts by Dan Markoff, the owner of the "Eureka."http://www.ngdiscussion.net/cgi-bin/NGDFcook.pl?read=63549

I would highly recommend reading this discussion. It addresses issues of FRA regulations as applied to Historic (as opposed to just old) or tourist locomotives.

I would like to second Randy's recommendation that everyone should read this discussion in which many well-versed persons in this field discuss this extremely important issue. In these threads, you will find many answers as to how these matters came about, and some well-thought opinions on how to overcome them. The opinions are honest and straight-forward. The intense realities of operating steam locomotives in the present day FRA setting are something we all should keep abreast of. This is one of the better discussions I have seen on any of these boards.

The FRA gets their power from that part of the constitution covering interstate commerce. While we all want safe operation, Congress should be lobbied to pass a law forcing them to prove that a museum or tourist operation poises a major threat to interstate commerce before they would have jurisdiction. A law changing the rule to total hours of boiler operation would be a good idea. In short go over the FRA's head and have their teeth pulled.A few words in an election year might do wonders!

The current 49 CFR Part 230 rules were developed largely by three leading operators of preserved steam. They are eminently fair to preserved operators and in may ways more favorable than the old rules. They can and should be applied to most railroad operators, including tourist lines. There are very rare cases where exceptions might be warranted,--Eureka beign about the best example I can think of--in which case an exception should be granted.But the 49 CFR Part 230 rules on the whole are wise, well-advised and fair, and in no way an example of Federal regulatory overreach.

I have to agree with Erik here - our regulations are very loose compared to those in effect in other modern western countries, requiring no national qualification and testing standards for our operators and machinists, and 15 calendar years between tube removal inspections. They really aren't asking a lot from us. This isn't to say that sensible extensions / exemptions / etc can't be made on a case by case basis, and it appears that EUREKA, on the face of it, may well be an excellent case for it. For what its worth, what would a retubing of such a small boiler and internal inspection / calculation verification cost? Seems D&S staff could cut down and reuse good used tubes from one of their Ks pretty inexpensively. I reckon off season I could probably get the engineers with the computer calculating Form 4 program from NC to do a visit at cost of travel and lodging. If all the potential stakeholders like D&S and CATS contribute, it shouldn't be an onerous burden for Mr Markoff alone to bear.dave

Hi,I'd guess that it would, and should, be illegal for Cumbres & Toltec to expend any resources on non Commission owned equipment. Not to mention they almost always have a shortfall in their budget, partially due to Colorado not contributing its share of the funding.Also, I wouldn't call either Cats or the Durango & Silverton stakeholders with regard to this locomotive.I do hope the Eureka's problems can be worked out.Roger

That may be true but I don't understand the 15 year deal.Here in the midweat we have a lot of steam shows, and in my state the boilers are inspected by the state including a regular ultrasound, but there is no time limit on tubes or flues (their thickness is checked during inspection). Some of these boilers make the Eureka's look small. I understand the need for inspection but why unneeded tube replacement?

In respectful disagreement Roger, you may wish to look over the full page ad in TRAINLINE from the D&S which heavily publicizes the use of EUREKA in special excursion service. If CATS isn't trying to make the same kind of hay in the sunshine, shame on them for missing the opportunity. If I have misunderstood the situation, apologies to all concerned.dave

Dave,When did the Eureka last run on the Cumbres & Toltec Scenic Railroad?Thanks, Roger

Thanks Roger - my point exactly.dave