[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: 49CFR232.3]

[Page 440]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 232--BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table of Contents
 
                           Subpart A--General
 
Sec. 232.3  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this part applies to all railroads that operate freight or other non-
passenger train service on standard gage track which is part of the 
general railroad system of transportation. This includes the operation 
of circus trains and private cars when hauled on such railroads.
    (b) Subpart E of this part, ``End-of-Train Devices,'' applies to all 
trains operating on track which is part of the general railroad system 
of transportation unless specifically excepted in that subpart.
    (c) Except as provided in Sec. 232.1(d) and paragraph (b) of this 
section, this part does not apply to:
    (1) A railroad that operates only on track inside an installation 
that is not part of the general railroad system of transportation.
    (2) Intercity or commuter passenger train operations on standard 
gage track which is part of the general railroad system of 
transportation;
    (3) Commuter or other short-haul rail passenger train operations in 
a metropolitan or suburban area (as described by 49 U.S.C. 20102(1)), 
including public authorities operating passenger train service;
    (4) Rapid transit operations in an urban area that are not connected 
with the general railroad system of transportation;
    (5) Tourist, scenic, historic, or excursion operations, whether on 
or off the general railroad system;
    (6) Freight and other non-passenger trains of four-wheel coal cars;
    (7) Freight and other non-passenger trains of eight-wheel standard 
logging cars if the height of each car from the top of the rail to the 
center of the coupling is not more than 25 inches; or
    (8) A locomotive used in hauling a train referred to in paragraph 
(c)(7) of this subsection when the locomotive and cars of the train are 
used only to transport logs.
    (d) The provisions formerly contained in Interstate Commerce 
Commission Order 13528, of May 30, 1945, as amended, now revoked, are 
codified in this paragraph. This part is not applicable to the following 
equipment:
    (1) Scale test weight cars.
    (2) Locomotive cranes, steam shovels, pile drivers, and machines of 
similar construction, and maintenance machines built prior to September 
21, 1945.
    (3) Export, industrial, and other cars not owned by a railroad which 
are not to be used in service, except for movement as shipments on their 
own wheels to given destinations. Such cars shall be properly identified 
by a card attached to each side of the car, signed by the shipper, 
stating that such movement is being made under the authority of this 
paragraph.
    (4) Industrial and other than railroad-owned cars which are not to 
be used in service except for movement within the limits of a single 
switching district (i.e., within the limits of an industrial facility).
    (5) Narrow-gage cars.
    (6) Cars used exclusively in switching operations and not used in 
train movements within the meaning of the Federal safety appliance laws 
(49 U.S.C. 20301-20306).

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