---
kind: "section"
citation: "49 C.F.R. § 228.3"
title: "49"
number: "228.3"
heading: "Application and responsibility for compliance."
url: "https://uscodex.org/cfr/49/228.3"
---

# §228.3. Application and responsibility for compliance.

- (a) Except as provided in [paragraph (b)](#b) of this section, subparts [B](/cfr/49/subpartB.md) and [D](/cfr/49/subpartD.md) of this part apply to all railroads, all contractors for railroads, and all subcontractors for railroads. Except as provided in [paragraph (b)](#b) of this section, subparts [C](/cfr/49/subpartC.md) and [E](/cfr/49/subpartE.md) of this part apply only to all railroads.
- (b) **Subparts B through E of this part do not apply to—**
  - (1) A railroad, a contractor for a railroad, or a subcontractor for a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation (i.e., a plant railroad as defined in [§ 228.5](/cfr/49/228.5.md));
  - (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in [§ 228.5](/cfr/49/228.5.md), except as provided in [§ 228.413(d)(2)](/cfr/49/228.413.md?p=d-2); or
  - (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
- (c) The application of [subpart F](/cfr/49/subpartF.md) of this part is set forth in [§ 228.401](/cfr/49/228.401.md).

## Notes

### Amendments

[76 FR 67087, Oct. 31, 2011]

### Authority

Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 37 FR 12234, June 21, 1972, unless otherwise noted.

### Amendments

[76 FR 67087, Oct. 31, 2011]