[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR230.2]



[Page 416]

 

                        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.



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