---
kind: "section"
citation: "49 C.F.R. § 271.3"
title: "49"
number: "271.3"
heading: "Application."
url: "https://uscodex.org/cfr/49/271.3"
---

# §271.3. Application.

- (a) Except as provided in [paragraph (b)](#b) of this section, this part applies to—
  - (1) Class I railroads;
  - (2) Railroads determined to have inadequate safety performance pursuant to [§ 271.13](/cfr/49/271.13.md); and
  - (3) Railroads that voluntarily comply with the requirements of this part pursuant to [§ 271.15](/cfr/49/271.15.md).
- (b) **This part does not apply to—**
  - (1) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation;
  - (2) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation;
  - (3) Operation of private cars, including business/office cars and circus trains;
  - (4) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation (i.e., plant railroads, as defined in [§ 271.5](/cfr/49/271.5.md)); and
  - (5) Commuter or intercity passenger railroads that are subject to Federal system safety program requirements contained in [part 270](/cfr/49/part270.md) of this chapter.
- (c) If a railroad contracts out significant portions of its operations, the contractor and the contractor's employees performing the railroad's operations shall be considered directly affected employees for purposes of this part.

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 85 FR 9314, Feb. 18, 2020, unless otherwise noted.