49 C.F.R. § 213.3

Application

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(a) Except as provided in paragraph (b) of this section, this part applies to all standard gage track in the general railroad system of transportation.

(b) This part does not apply to track:

(1) Located inside an installation that is not part of the general railroad system of transportation (i.e., a plant railroad). As used in this part, a plant railroad means a plant or installation that owns or leases a locomotive, uses that locomotive to switch cars throughout the plant or installation, and is moving goods solely for use in the facility's own industrial processes. The plant or installation could include track immediately adjacent to the plant or installation if the plant railroad leases the track from the general system railroad and the lease provides for (and actual practice entails) the exclusive use of that track by the plant railroad and the general system railroad for purposes of moving only cars shipped to or from the plant. A plant or installation that operates a locomotive to switch or move cars for other entities, even if solely within the confines of the plant or installation, rather than for its own purposes or industrial processes, will not be considered a plant railroad because the performance of such activity makes the operation part of the general railroad system of transportation. Similarly, this exclusion does not apply to track over which a general system railroad operates, even if that track is located within a plant railroad;

(2) Used exclusively for tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation. As used in this part, tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation means a tourist, scenic, historic, or excursion operation conducted only on track used exclusively for that purpose (i.e., there is no freight, intercity passenger, or commuter passenger railroad operation on the track); or

(3) Used exclusively for rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

[63 FR 34029, June 22, 1998, as amended at 79 FR 4256, Jan. 24, 2014]

Notes of Decisions

Cited in 4 cases, 2002–2014 · leading case: Nicholas Sapp v. CSX Transp. Inc., 478 F. App'x 961 (6th Cir. 2012).

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Nicholas Sapp v. CSX Transp. Inc., 478 F. App'x 961 (6th Cir. 2012). “” 49 C.F.R. § 213.3 (b)(1). Although the FRA has broad jurisdiction over anything that can be construed as a railroad (with the exception of self-contained urban rapid transit systems), it has chosen, for practical purposes, to regulate “something less than the total universe of…”

Cusack v. Trans-Global Solutions, Inc., 222 F. Supp. 2d 834 (S.D. Tex. 2002). “1 ; compare 49 C.F.R. § 213.3 (b) (excluding from coverage by certain FRA regulations railroad operations confined to a private installation); cf.”

Rice v. Union Pac. R.R., 873 F. Supp. 2d 1044 (E.D. Ark. 2012). · cites it 2× “” 49 C.F.R. § 213.3 (b)(1). For example, all of FRA’s regulations exclude from their reach railroads whose entire operations are confined to an industrial installation (i.”

Lake Whatcom Ry. Co., App. v. Karl Alar & Jeanine Alar, Res. (Wash. Ct. App. 2014). “68913-4-1/11 makes three round trips on Saturdays and two on Sundays. It is at the disputed site approximately only 15 minutes each trip.”

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