[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR232.13]

[Page 483]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-PASSENGER 
TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table of Contents
 
                            Subpart A_General
 
Sec. 232.13  Preemptive effect.

    (a) Under 49 U.S.C. 20106, issuance of the regulations in this part 
preempts any State law, rule, regulation, order, or standard covering 
the same subject matter, except for a provision necessary to eliminate 
or reduce a local safety hazard if that provision is not incompatible 
with this part and does not impose an undue burden on interstate 
commerce.
    (b) Preemption should also be considered pursuant to the Locomotive 
Boiler Inspection Act (now codified at 49 U.S.C. 20701-20703), the 
Safety Appliance Acts (now codified at 49 U.S.C. 20301-20304), and the 
Commerce Clause based on the relevant case law pertaining to preemption 
under those provisions.
    (c) FRA does not intend by issuance of the regulations in this part 
to preempt provisions of State criminal law that impose sanctions for 
reckless conduct that leads to actual loss of life, injury, or damage to 
property, whether such provisions apply specifically to railroad 
employees or generally to the public at large.