228.3 Application and responsibility for compliance.§ 228.3 Application and responsibility for compliance.
(a) Except as provided in paragraph (b) of this section, subparts B and D of this part apply to all railroads, all contractors for railroads, and all subcontractors for railroads. Except as provided in paragraph (b) of this section, subparts C and E of this part apply only to all railroads.
(b) Subparts B through E of this part do not apply to:
(1) A railroad, a contractor for a railroad, or a subcontractor for a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation (i.e., a plant railroad as defined in § 228.5);
(2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 228.5, except as provided in § 228.413(d)(2); or
(3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(c) The application of subpart F of this part is set forth in § 228.401.[76 FR 67087, Oct. 31, 2011]