§230.2. Applicability.
49 C.F.R. § 230.2
Except as provided in paragraph (b) of this section, this part applies to all railroads that operate steam locomotives.
This part does not apply to—
A railroad with track gage of less than 24 inches;
A railroad that operates exclusively freight trains and does so only on track inside an installation that is not part of the general system of transportation;
Rapid transit operations in an urban area that are not connected to the general system of transportation; or
A railroad that operates passenger trains and does so only on track inside an installation that is insular, i.e., its operations are limited to a separate enclave in such a way that there is no reasonable expectation that the safety of the public—except a business guest, a licensee of the railroad or an affiliated entity, or a trespasser—would be affected by the operation. An operation will not be considered insular if one or more of the following exists on its line:
A public highway-rail crossing that is in use;
An at-grade rail crossing that is in use;
A bridge over a public road or waters used for commercial navigation; or
A common corridor with another railroad, i.e., its operations are conducted within 30 feet of those of any other railroad.
See appendix A of part 209 for a current statement of the FRA's policy on its exercise of jurisdiction.
Notes, amendments, and revision history
Authority
Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Source
Source: 64 FR 62865, Nov. 17, 1999, unless otherwise noted.