[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR230.5]



[Page 432-433]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 230_STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS--Table 

 

                            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



[[Page 433]]



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.