---
kind: "section"
citation: "49 C.F.R. § 228.413"
title: "49"
number: "228.413"
heading: "Compliance date for regulations; exemption from compliance with statute."
url: "https://uscodex.org/cfr/49/228.413"
---

# §228.413. Compliance date for regulations; exemption from compliance with statute.

- (a) **General.** Except as provided by [paragraph (d)](#d) of this section or as provided in [§ 228.411](/cfr/49/228.411.md), on and after April 12, 2012, railroads subject to this subpart shall comply with this subpart and §§ [228.11(c)(1)-(2)](/cfr/49/228.11.md?p=c-1..c-2) and [228.19(c)(5)-(c)(8)](/cfr/49/228.19.md?p=c-5..c-8) with respect to their train employees who are engaged in commuter or intercity rail passenger transportation.
- (b) **Exemption from compliance with statute.** On and after October 15, 2011, railroads subject to this subpart or any provision of this subpart shall be exempt from complying with the provisions of old [section 21103](/cfr/49/21103.md) and new [section 21103](/cfr/49/21103.md) for such employees.
- (c) **Definitions.** In this section—
  - (1) The term “new [section 21103](/cfr/49/21103.md)” means [section 21103](/usc/49/21103.md) of title 49, United States Code, as amended by the Rail Safety Improvement Act of 2008 (RSIA) effective July 16, 2009.
  - (2) The term “old [section 21103](/cfr/49/21103.md)” means [section 21103](/usc/49/21103.md) of title 49, United States Code, as it was in effect on the day before the enactment of the RSIA.
- (d) **Exceptions.**
  - (1) On and after October 15, 2011, railroads subject to this subpart shall comply with §§ [228.401](/cfr/49/228.401.md), [228.403](/cfr/49/228.403.md), [228.405(a)(1)](/cfr/49/228.405.md?p=a-1), [(a)(2)](/cfr/49/228.405.md?p=a-2), [(b)](/cfr/49/228.405.md?p=a-b), and [(c)](/cfr/49/228.405.md?p=a-c), and [228.409(a)](/cfr/49/228.409.md?p=a).
  - (2) Railroads engaged in tourist, scenic, historic, or excursion rail passenger transportation, subject to this subpart, must comply with the sections listed in [paragraph (d)(1)](#d-1) of this section on and after October 15, 2011, but are not required to comply with the other provisions of this subpart and §§ [228.11(c)(1)-(2)](/cfr/49/228.11.md?p=c-1..c-2) and [228.19(c)(5)-(c)(8)](/cfr/49/228.19.md?p=c-5..c-8) until April 12, 2013.

## Notes

### Source

Source: 76 FR 50397, Aug. 12, 2011, unless otherwise noted.

### 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.