239.3—Application.
               		
               	 	
               	 	
               	 	               	 	               	 	               	 	               	 	
               	 	
    
        
        (a) 
         Except as provided in paragraph (b) 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;
     
    
        
        (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; and
     
    
        
        (3) 
         Passenger or freight railroads hosting the operation of passenger train service described in paragraph (a)(1) or (a)(2) of this section.
     
    
        
        (b) 
         This part does not apply to:
     
    
        
        (1) 
         Rapid transit operations in an urban area that are not connected with the general railroad system of transportation;
     
    
        
        (2) 
         Operation of private cars, including business/office cars and circus trains; or
     
    
        
        (3) 
         Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system.