Commuter or intercity rail passenger transportation has the meaning assigned by section 24102 of title 49, United States Code, to the terms "commuter rail passenger transportation" or "intercity rail passenger transportation."
Train employee who is engaged in commuter or intercity rail passenger transportation includes a train employee who is engaged in commuter or intercity rail passenger transportation regardless of the nature of the entity by whom the employee is employed and any other train employee who is employed by a commuter railroad or an intercity passenger railroad. The term excludes a train employee of another type of railroad who is engaged in work train service even though that work train service might be related to providing commuter or intercity rail passenger transportation, and a train employee of another type of railroad who serves as a pilot on a train operated by a commuter railroad or intercity passenger railroad.
49 C.F.R. §228.403