[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: 49CFR239.5]



[Page 718]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 239_PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents

 

                            Subpart A_General

 

Sec. 239.5  Preemptive effect.



    Under 49 U.S.C. 20106 (formerly section 205 of the Federal Railroad 

Safety Act of 1970 (45 U.S.C. 434)), issuance of this part preempts any 

State law, rule, regulation, order, or standard covering the same 

subject matter, except a provision necessary to eliminate or reduce an 

essentially local safety hazard, that is not incompatible with Federal 

law or regulation and does not unreasonably burden interstate commerce.