[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.3]

[Page 224-225]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                            Subpart A_General
 
Sec.  219.3  Application.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, this part applies to--
    (1) Railroads that operate rolling equipment on standard gage track

[[Page 225]]

which is part of the general railroad system of transportation; and
    (2) Railroads that provide commuter or other short-haul rail 
passenger service in a metropolitan or suburban area (as described by 49 
U.S.C. 20102) in the United States.
    (b) Exceptions available to both domestic and foreign railroads. (1) 
This part does not apply to a railroad that operates only on track 
inside an installation which is not part of the general railroad system 
of transportation.
    (2) Subparts D, E, F and G of this part do not apply to a railroad 
that--
    (i) Has a total of 15 or fewer employees who are covered by the 
hours of service laws at 49 U.S.C. 21103, 21104, or 21105, or who would 
be subject to the hours of service laws at 49 U.S.C. 21103, 21104, or 
21105 if their services were performed in the United States; and
    (ii) Does not operate on the tracks in the United States of another 
railroad (or otherwise engage in joint operations in the United States 
with another railroad) except as necessary for purposes of interchange.
    (3) Subpart I of this part does not apply to a railroad that has 
fewer than 400,000 total employee hours, including hours worked by all 
employees of the railroad, regardless of occupation, not only while in 
the United States but also while outside the United States. For purposes 
of this paragraph, the term ``employees of the railroad'' includes 
individuals who perform service for the railroad, including not only 
individuals who receive direct monetary compensation from the railroad 
for performing a service for the railroad, but also such individuals as 
employees of a contractor to the railroad who perform a service for the 
railroad.
    (c) Exceptions available to foreign railroads only. (1) Subparts E, 
F and G of this part do not apply to train or dispatching service in the 
United States performed by an employee of a foreign railroad whose 
primary reporting point is outside the United States, on that portion of 
a rail line in the United States extending up to10 route miles from the 
point that the line crosses into the United States from Canada or 
Mexico.
    (2) Unless otherwise provided by paragraph (b) of this section, 
subparts A, B, C, D, H, I, and J of this part apply to signal service in 
the United States of a foreign railroad performed by an employee of the 
foreign railroad if the employee's primary place of reporting is located 
outside the United States. Subparts E, F, and G of this part do not 
apply to signal service in the United States of a foreign railroad 
performed by an employee of the foreign railroad if the employee's 
primary place of reporting is located outside the United States.
    (3) Unless otherwise excepted under paragraph (c)(1) of this 
section, on and after June 11, 2004, a foreign railroad shall conduct a 
pre-employment drug test on each of its final applicants for, and each 
of its employees seeking to transfer for the first time to, duties 
involving train or dispatching service in the United States while having 
his or her primary reporting point outside of the United States. The 
test shall be conducted in accordance with this part prior to the 
applicant or employee's performance of train or dispatching service in 
the United States.

[69 FR 19286, Apr. 12, 2004]