49 CFR § 228.401 - Applicability.

---
identifier: "/us/cfr/t49/s228.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 228.401 - Applicability."
title_number: 49
title_name: "Transportation"
section_number: "228.401"
section_name: "Applicability."
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"
---


# 228.401 Applicability.

(a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to railroads and their officers and agents, with respect to their train employees who are engaged in commuter or intercity rail passenger transportation, including train employees who are engaged in tourist, scenic, historic, or excursion rail passenger transportation.

(b) This subpart does not apply to rapid transit operations in an urban area that are not connected with the general railroad system of transportation.