---
kind: "section"
citation: "49 C.F.R. § 219.3"
title: "49"
number: "219.3"
heading: "Application."
url: "https://uscodex.org/cfr/49/219.3"
---

# §219.3. Application.

- (a) **General.** This part applies to all railroads and contractors, except as provided in paragraphs [(b)](#b), [(c)](#c), and [(d)](#d) of this section, and except for:
  - (1) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation (i.e., plant railroads, as defined in [§ 219.5](/cfr/49/219.5.md));
  - (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation, as defined in [§ 219.5](/cfr/49/219.5.md); or
  - (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
- (b) [Reserved]
- (c) **Small railroad exception.**
  - (1) Subparts E, G, and K do not apply to small railroads, and a small railroad may not perform the Federal requirements authorized by those subparts. For purposes of this part, a small railroad means a railroad that:
    - (i) Has a total of 15 or fewer employees who are covered by the hours of service laws at 49 U.S.C. [21103](/usc/49/21103.md), [21104](/usc/49/21104.md), or [21105](/usc/49/21105.md), or who would be subject to the hours of service laws at 49 U.S.C. [21103](/usc/49/21103.md), [21104](/usc/49/21104.md), or [21105](/usc/49/21105.md) if their services were performed in the United States; and
    - (ii) Does not have joint operations, as defined in [§ 219.5](/cfr/49/219.5.md), with another railroad that operates in the United States, except as necessary for purposes of interchange.
  - (2) An employee performing only MOW or MECH activities, as defined in [§ 219.5](/cfr/49/219.5.md), does not count towards a railroad's total number of covered employees for the purpose of determining whether it qualifies for the small railroad exception.
  - (3) A contractor performing MOW or MECH activities exclusively for small railroads also qualifies for the small railroad exception (i.e., is excepted from the requirements of subparts [E](/cfr/49/subpartE.md), [G](/cfr/49/subpartG.md), and K of this part). A contractor is not excepted if it performs MOW or MECH activities for at least one railroad that is required to be in full compliance with this part.
  - (4) If a contractor is subject to all of [part 219](/cfr/49/part219.md) because it performs regulated service for multiple railroads, not all of which qualify for the small railroad exception, the responsibility for ensuring that the contractor complies with subparts [E](/cfr/49/subpartE.md) and [G](/cfr/49/subpartG.md) of this part is shared between the contractor and any railroad using the contractor that does not qualify for the small railroad exception.
- (d) **Foreign railroad.**
  - (1) This part does not apply to the operations of a foreign railroad that take place outside the United States. A foreign railroad is required to conduct post-accident toxicological testing or reasonable suspicion testing only for operations that occur within the United States.
  - (2) Subparts F, G, and K of this part do not apply to an employee of a foreign railroad whose primary reporting point is outside the United States if that employee is:
    - (i) Performing train or dispatching service on that portion of a rail line in the United States extending up to 10 route miles from the point that the line crosses into the United States from Canada or Mexico; or
    - (ii) **Performing signal service in the United States.**

## Notes

### Amendments

[81 FR 37922, June 10, 2016, as amended at 87 FR 5733, Feb. 2, 2022]

### Authority

Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89.

### Source

Source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.

### Amendments

[81 FR 37922, June 10, 2016, as amended at 87 FR 5733, Feb. 2, 2022]