[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR230.5]

[Page 320-321]
 
                        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

[[Page 321]]

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.