Me thinks the UP was thinking the Hail Mary would work.

I find it humorous that the FRA said “This regulatory exception may be available to UP if such limited excursion trips were operated exclusively by a Class II or Class III railroad, instead of the UP”


Specifically, under 49 CFR § 236.1006(b)(4)(i)—(iii), a train operated by a Class II or Class III railroad, including a tourist or excursion railroad, may operate on a PTC- equipped track segment without a PTC-equipped locomotive if it meets the following conditions:

Class II or Class III railroad, including a tourist or excursion railroad, may operate on a PTC- equipped track segment without a PTC-equipped locomotive if it meets the following conditions:
(1) The track segment either:
A. Has no regularly scheduled intercity or commuter rail passenger traffic, or B. Has regularly scheduled intercity or commuter rail passenger traffic but the
applicable PTCIP permits a Class II or Class III railroad to operate without a
PTC-equipped locomotive;
(2) Where operations are restricted to 4 or fewer unequipped trains per day; and (3) Where each train movement shall either:
A. Not exceed 20 miles in length, or
B. For any movement that exceeds 20 miles in length, a controlling locomotive
may not operate after December 31, 2023, on that track, unless it is equipped with a fully operative and functioning onboard PTC apparatus.