[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR230.5]



[Page 418]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 230_STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS--Table 

of Contents

 

                            Subpart A_General

 

Sec. 230.5  Preemptive effect.



    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.