[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR230.2]

[Page 333]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 230.2  Applicability.

    (a) Except as provided in paragraph (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 for a current statement of the FRA's 
policy on its exercise of jurisdiction.