Section 238.3 - Applicability(a) Except as provided in paragraph (c) of this section, this part applies to all:(1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation; and(2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area as described by 49 U.S.C. 20102(1) , including public authorities operating passenger train service.(b) Railroads that permit to be used or hauled on their lines passenger equipment subject to this part, in violation of a power brake provision of this part or a safety appliance provision of this part, are subject to the power brake and safety appliance provisions of this part with respect to such operations.(c) This part does not apply to: (1) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation;(2) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation;(3) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or