49 CFR §271.3

1. (a)Except as provided in paragraph (b) of this section, this part applies to—
   1. (1)Class I railroads;
   2. (2)Railroads determined to have inadequate safety performance pursuant to § 271.13; and
   3. (3)Railroads that voluntarily comply with the requirements of this part pursuant to § 271.15.
2. (b)This part does not apply to:
   1. (1)Rapid transit operations in an urban area that are not connected to the general railroad system of transportation;
   2. (2)Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation;
   3. (3)Operation of private cars, including business/office cars and circus trains;
   4. (4)Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation (i.e., plant railroads, as defined in § 271.5); and
   5. (5)Commuter or intercity passenger railroads that are subject to Federal system safety program requirements contained in part 270 of this chapter.
3. (c)If a railroad contracts out significant portions of its operations, the contractor and the contractor's employees performing the railroad's operations shall be considered directly affected employees for purposes of this part.