GroundRules
49 CFR 230.5: Preemptive effect.
Where this section sits in the code
- Title 49—Transportation
- Subtitle B—Other Regulations Relating to Transportation
- CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
- PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS
- Subpart A—General
The Locomotive Boiler Inspection Act (49 U.S.C. 20701-20703) preempts all State laws or regulations concerning locomotive safety. Napier v. Atlantic Coast Line R.R., 272 U.S. 605 (1926). However, FRA believes Congress did not intend to preempt State laws or regulations concerning rail operations over which FRA does not exercise jurisdiction. Therefore, in issuing this part, it is FRA's intent that State laws or regulations applicable to those rail operations to which this part does not apply (i.e., insular tourist operations) not be preempted.
Collected 2026-08-27T02:26:34Z. Source file · JSON