---
kind: "section"
citation: "49 C.F.R. § 227.3"
title: "49"
number: "227.3"
heading: "Application."
url: "https://uscodex.org/cfr/49/227.3"
---

# §227.3. Application.

- (a) Except as provided in [paragraph (b)](#b) of this section, [subpart B](/cfr/49/subpartB.md) of this part applies to all railroads and contractors to railroads.
- (b) **Subpart B of this part does not apply to—**
  - (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation;
  - (2) A rapid transit operation in an urban area that is not connected to the general railroad system of transportation;
  - (3) A rapid transit operation in an urban area that is connected to the general system and operates under a shared use waiver;
  - (4) A railroad that operates tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or
  - (5) **Foreign railroad operations that meet the following conditions—** Employees of the foreign railroad have a primary reporting point outside of the U.S. but are operating trains or conducting switching operations in the U.S.; and the government of that foreign railroad has implemented requirements for hearing conservation for railroad employees; the foreign railroad undertakes to comply with those requirements while operating within the U.S.; and FRA's Associate Administrator for Railroad Safety/Chief Safety Officer determines that the foreign requirements are consistent with the purpose and scope of subpart B of this part. A “foreign railroad” refers to a railroad that is incorporated in a place outside the U.S. and is operated out of a foreign country but operates for some distance in the U.S.
- (c) Except as provided in [paragraph (d)](#d) of this section, [subpart C](/cfr/49/subpartC.md) of this part applies to any railroad that operates a freight train that transports a PIH material, including a residue of such a PIH material, on standard gage track that is part of the general railroad system of transportation.
- (d) Subpart C of this part does not apply to a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation.

## Notes

### Amendments

[71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5131, Jan. 26, 2024]

### Authority

Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 71 FR 63123, Oct. 27, 2006, unless otherwise noted.

### Amendments

[71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5131, Jan. 26, 2024]