§ 230.5 Preemptive effect.

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Title 49 CFR: Transportation › Chapter II: FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › Part 230: STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS › Subpart A: General › § 230.5: § 230.5 Preemptive effect.

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

The Locomotive Boiler Inspection Act (49 U.S.C. 20701-20703) preempts all State laws or regulations concerning locomotive safety.

Napier

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.

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