[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: 49CFR227.3]

[Page 385-386]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 227_OCCUPATIONAL NOISE EXPOSURE--Table of Contents
 
                            Subpart A_General
 
Sec.  227.3  Application.

    (a) Except as provided in paragraph (b) of this section, this part 
applies to all railroads and contractors to railroads.
    (b) 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) A rapid transit operation in an urban area that is not connected 
to the general railroad system of transportation;
    (3) A rapid transit operation in an urban area that is connected to 
the general system and operates under a shared use waiver;
    (4) A railroad that operates tourist, scenic, historic, or excursion 
operations, whether on or off the general railroad system of 
transportation; or
    (5) Foreign railroad operations that meet the following conditions: 
Employees of the foreign railroad have a primary reporting point outside 
of the U.S. but are operating trains or conducting switching operations 
in the U.S.; and the government of that foreign railroad has implemented 
requirements for hearing conservation for railroad employees; the 
foreign railroad undertakes to comply with those requirements while 
operating within

[[Page 386]]

the U.S.; and FRA's Associate Administrator for Safety determines that 
the foreign requirements are consistent with the purpose and scope of 
this part. A ``foreign railroad'' refers to a railroad that is 
incorporated in a place outside the U.S. and is operated out of a 
foreign country but operates for some distance in the U.S.