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Title 49 Part 238 → Subpart A → §238.13

Title 49 → Subtitle B → Chapter II → Part 238 → Subpart A → §238.13

Electronic Code of Federal Regulations e-CFR

Title 49 Part 238 → Subpart A → §238.13

e-CFR data is current as of February 26, 2020

Title 49Subtitle BChapter IIPart 238Subpart A → §238.13


Title 49: Transportation
PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS
Subpart A—General


§238.13   Preemptive effect.

(a) Under 49 U.S.C. 20106, issuance of these regulations preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local safety or security hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not unreasonably burden interstate commerce.

(b) This part establishes Federal standards of care for railroad passenger equipment. This part does not preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with the Federal standard of care established by this part, including a plan or program required by this part. Provisions of a plan or program that exceed the requirements of this part are not included in the Federal standard of care.

(c) Under 49 U.S.C. 20701-20703 (formerly the Locomotive (Boiler) Inspection Act), the field of locomotive safety is preempted, extending to the design, the construction, and the material of every part of the locomotive and tender and all appurtenances thereof. To the extent that the regulations in this part establish requirements affecting locomotive safety, the scope of preemption is provided by 49 U.S.C. 20701-20703.

[75 FR 1227, Jan. 8, 2010]