§232.0 Applicability and penalties.
(a) Except as provided in paragraph (b), this part applies to all standard gage rail- roads.
(b) This part does not apply to:
(1) A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation; or
(2) blah
(c) blah

By ‘‘general railroad system of transportation,’’ FRA refers to the network of standard gage track over which goods may be transported throughout the nation and passengers may travel between cities and within metropolitan and suburban areas. Much of this network is interconnected, so that a rail vehicle can travel across the nation without leaving the system. However, mere physical connection to the system does not bring trackage within it. For example, trackage within an industrial installation that is connected to the network only by a switch for the receipt of shipments over the system is not a part of the system.

When a tourist operation is conducted only on track used exclusively for that purpose, it is not part of the general system. The fact that a tourist operation has a switch that connects it to the general system does not make the tourist operation part of the general system if the tourist trains do not enter the general system and the general system railroad does not use the tourist operation’s trackage for any purpose other than delivering or picking up shipments to or from the tourist operation itself.

Some tourist railroads are neither insular nor part of the general system (i.e., stand-alone lines with no freight traffic). For these railroads, only the following regulations and statutory provisions apply:

* 49 U.S.C. ch. 203 (Safety Appliances), 205 (Signal Systems), 207 (Locomotives), and 209 (Accidents and Incidents);
* Hours of service restrictions on duty hours (49 U.S.C. ch. 211);
* Hazardous materials regulations of the Pipelines and Hazardous Materials Safety Administration (49 C.F.R. parts 171-179);
* FRA's procedural regulations at 49 C.F.R. parts 209, 211, and 216;
* Noise emission regulations (49 C.F.R. part 210): but note that the regulations do not apply to steam locomotives;
* Freight car safety standards (49 C.F.R. part 215) applicable only to standard gage lines;
* Use of Locomotive Horns at Highway-Rail Grade Crossings (49 C.F.R. part 222): but does not apply to passenger railroads that operate entirely off of the general system and at speeds of 15 miles per hour or less over public highway-rail grade crossings;
* Reflectorization of rail freight rolling stock (49 C.F.R. part 224): but only to those railroad freight cars and locomotives that cross a public or private highway-rail grade crossing, are used for revenue or work train service, and are not being used exclusively in passenger service;
* Accident/incident reporting regulations (49 C.F.R. part 225);
* Steam locomotive inspection regulations (49 C.F.R. part 230); and
* Grade crossing signal system safety regulations (49 C.F.R. part 234);
* All general power and enforcement provisions of the rail safety statutes (e.g., subpoena authority, civil penalty authority, disqualification authority, and emergency order authority).

Thus, there are many FRA regulations that do not presently apply to tourist railroads that do
not operate over the general railroad system.

(f) Tourist Railroad Carriers. - In prescribing regulations that pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take into consideration any financial, operational, or other factors that may be unique to such railroad carriers.

Tourist railroads are not required to comply with 49 C.F.R. part 238 (passenger equipment safety) or part 239 (passenger train emergency preparedness). Tourist railroads that operate on the general system must comply with all statutes and all other regulations and orders unless and until any appropriate waiver has been applied for and granted. Of course, FRA generally lacks authority to waive statutory requirements.

Thanks for the information,
the one part that was of intrest is 232.3 c

thanks again
Tim

(d) Except for operations identified in §232.3(c)(1), (c)(4), and (c)(6) through (c)(8), all railroads which are part of the general railroad system of transportation shall operate pursuant to the requirements contained in this part 232 as it existed on May 31, 2001 and included as appendix B to this part until they are either required to operate pursuant to the requirements contained in this part or the requirements contained in part 238 of this chapter or they elect to comply earlier than otherwise required with the requirements contained in this part or the requirements contained in part 238 of this chapter.

[66 FR 4193, Jan. 17, 2001