49 CFR § 228.3 - Application and responsibility for compliance.

---
identifier: "/us/cfr/t49/s228.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 228.3 - Application and responsibility for compliance."
title_number: 49
title_name: "Transportation"
section_number: "228.3"
section_name: "Application and responsibility for compliance."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "228"
part_name: "PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "37 FR 12234, June 21, 1972, unless otherwise noted."
cfr_part: "228"
---


# 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]