---
kind: "section"
citation: "49 C.F.R. § 230.2"
title: "49"
number: "230.2"
heading: "Applicability."
url: "https://uscodex.org/cfr/49/230.2"
---

# §230.2. Applicability.

- (a) Except as provided in [paragraph (b)](#b) of this section, this part applies to all railroads that operate steam locomotives.
- (b) **This part does not apply to—**
  - (1) A railroad with track gage of less than 24 inches;
  - (2) 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;
  - (3) Rapid transit operations in an urban area that are not connected to the general system of transportation; or
  - (4) 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:
    - (i) A public highway-rail crossing that is in use;
    - (ii) An at-grade rail crossing that is in use;
    - (iii) A bridge over a public road or waters used for commercial navigation; or
    - (iv) A common corridor with another railroad, i.e., its operations are conducted within 30 feet of those of any other railroad.
- (c) See appendix A of [part 209](/cfr/49/part209.md) for a current statement of the FRA's policy on its exercise of jurisdiction.

## Notes

### 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.