Comment from Colorado Railroad Museum

Docket number FRA-2022-1120, proposed Signal Certification Regulations. 1.FRA proposes in 246.3 that this rule would apply to “non insular” tourist, scenic, historic, or excursion operations that have active warning installed at both public and private crossings. Doesn’t this contradict 49 CFR Part 234.3 and Part 209 jurisdictional determination regarding these operations and being specific to public crossings? The Colorado Railroad Museum is concerned regarding the proposed certification process for signal employees on non-general system (non-insular) tourist operations. We believe that operations falling into this category with active warning signals are minimal. Furthermore, FRA does not provide any specific data regarding the proposed risk at these crossings as currently maintained as required by Part 234. The proposed inclusion of private crossings in this rule is unprecedented and lacks any supporting safety data. 2.FRA proposes that this regulation would prohibit use of controlled substances as outlined in 49 CFR Part 219.101 and 102 and other testing criteria under Part 219, emulating FRA engineer/conductor certification programs. 49 CFR Part 219.3 excludes FRA drug and alcohol testing for non-general system tourist, scenic, historic excursion operations. Will this proposed regulation draw all these non-general system railroads into FRA D&A Testing? The Colorado Railroad Museum is concerned regarding the proposed certification process for signal employees on non-general system (non-insular) tourist operations. We believe that bringing these non-insular operations into all the requirements outlined as well as FRA D&A requirements is again, unprecedented and without any supporting safety data. 3.Colorado Railroad Museum is concerned regarding the proposed certification process for signal employees on non-general system (non-insular) tourist operations. We believe that this proposed regulations has good intentions and may apply with larger railroads that already are required to have certification programs as outlined. If FRA can demonstrate a supported safety need for this oversight, we believe a more measured internal training and qualification program regarding signal maintenance, Part 234 requirements would be much less burdensome and assure an equivalent level of safety for these non-general system operations and any private crossings they may oversee.