---
kind: "section"
citation: "49 C.F.R. § 239.3"
title: "49"
number: "239.3"
heading: "Application."
url: "https://uscodex.org/cfr/49/239.3"
---

# §239.3. Application.

- (a) Except as provided in [paragraph (b)](#b) of this section, this part applies to all:
  - (1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation;
  - (2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area (as described by [49 U.S.C. 20102(1)](/usc/49/20102.md?p=1)), including public authorities operating passenger train service; and
  - (3) Passenger or freight railroads hosting the operation of passenger train service described in paragraph [(a)(1)](#a-1) or [(a)(2)](#a-2) of this section.
- (b) **This part does <I>not</I> apply to—**
  - (1) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation;
  - (2) Operation of private cars, including business/office cars and circus trains; or
  - (3) **Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system.**

## Notes

### Authority

Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 63 FR 24676, May 4, 1998, unless otherwise noted.