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49 U.S.C. § 20106 — Preemption

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20106 — Preemption

**(a) National Uniformity of Regulation.—** (1) Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. (2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order— (A) is necessary to eliminate or reduce an essentially local safety or security hazard; (B) is not incompatible with a law, regulation, or order of the United States Government; and (C) does not unreasonably burden interstate commerce. **(b) Clarification Regarding State Law Causes of Action.—** (1) Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party— (A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section; (B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or (C) has failed to comply with a State law, regulation,

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Source file: Laws/federal/codes/united-states-code/title-49/section-20106-preemption--706ceeb5b5.md
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Source location: Title 49, Chapter 201, § 20106; chapter-201-general.md

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 431 to 447 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 431, Pub. L. 91–458, title II, § 202, Oct. 16, 1970, 84 Stat. 971; Pub. L. 94–348, § 5, July 8, 1976, 90 Stat. 819; Pub. L. 96–423, § 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L. 97–468, title VII, § 702(a), (c), Jan. 14, 1983, 96 Stat. 2579; Pub. L. 100–342, §§ 4(a), 7, 9, 10, 19(a), 21–23, June 22, 1988, 102 Stat. 625, 628, 629, 637–639; Pub. L. 102–143, title V, § 4, Oct. 28, 1991, 105 Stat. 957; Pub. L. 102–365, §§ 2, 5(a)(1), 7, 8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L. 102–533, § 14, Oct. 27, 1992, 106 Stat. 3522, authorized Secretary of Transportation to promulgate rules, regulations, orders, and standards for all areas of railroad safety. See sections 20102, 20103, 20103 note, 20108, 20110, 20114, 20131 to 20143, and 24902 of Title 49, Transportation. Section 432, Pub. L. 91–458, title II, § 203, Oct. 16, 1970, 84 Stat. 972; Pub. L. 96–423, § 3, Oct. 10, 1980, 94 Stat. 1811, related to emergency powers of Secretary of Transportation. See [section 20104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim). Section 433, Pub. L. 91–458, title II, § 204, Oct. 16, 1970, 84 Stat. 972, required Secretary of Transportation to submit comprehensive study and recommendation of means of eliminating and protecting railroad grade crossings and protecting pedestrians. See [section 20134 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20134&num=0&edition=prelim). Section 434, Pub. L. 91–458, title II, § 205, Oct. 16, 1970, 84 Stat. 972, declared that laws, rules, regulations, orders, and standards relating to railroad safety were to be nationally uniform, but permitted more stringent yet compatible State regulation. See [section

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20132 — Visible markers for rear cars

**(a) General.—** The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that— (1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and (2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility. **(b) Preemption.—** Notwithstanding [section 20106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20106&num=0&edition=prelim), subsection (a) of this section does not prohibit a State from continuing in force a law, regulation, or order in effect on July 8, 1976, related to lighted markers on the rear car of a freight train except to the extent it would cause the car to be in violation of this section.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20153 — Audible warnings at highway-rail grade crossings

**(a) Definitions.—** As used in this section— (1) the term “highway-rail grade crossing” includes any street or highway crossing over a line of railroad at grade; (2) the term “locomotive horn” refers to a train-borne audible warning device meeting standards specified by the Secretary of Transportation; and (3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety measure. The following do not, individually or in combination, constitute supplementary safety measures within the meaning of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely block travel over the line of railroad, or traffic signals. **(b) Requirement.—** The Secretary of Transportation shall prescribe regulations requiring that a locomotive horn shall be sounded while each train is approaching and entering upon each public highway-rail grade crossing. **(c) Exception.—** (1) In issuing such regulations, the Secretary may except from the requirement to sound the locomotive horn any categories of rail opera

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20106 — Preemption

Page 558 TITLE 49—TRANSPORTATION § 20106 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20105(a) ...... 45:435(a) (1st sen- tence related to authority for State participa- tion). Oct. 16, 1970, Pub. L. 91–458, § 206(a) (1st sentence), (b), (f), 84 Stat. 972, 973, 974; Nov. 16, 1990, Pub. L. 101–615, § 28(a)(1)–(3), (b), (c), 104 Stat. 3276, 3277. 20105(b) (1)(A). 45:435(a) (1st sen- tence related to contents of cer- tification). 20105(b) (1)(B). 45:435(b) (1st sen- tence). 20105(b)(2) .. 45:435(f). 20105(b)(3) .. 45:435(b) (2d–last sentences). 20105(c) ...... 45:435(c). Oct. 16, 1970, Pub. L. 91–458, § 206(c), (e), 84 Stat. 973, 974. 20105(d) ...... 45:435(g). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 206(g); added Oct. 10, 1980, Pub. L. 96–423, § 4(a), 94 Stat. 1812. 20105(e) ...... 45:435(d). Oct. 16, 1970, Pub. L. 91–458, § 206(d), 84 Stat. 974; Oct. 10, 1980, Pub. L. 96–423, § 4(b), 94 Stat. 1812. 20105(f) ....... 45:435(e). In subsection (a), the first sentence is added for clar- ity. In subsection (b)(1)(A)(iii), the words ‘‘as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary’’ are omit- ted as surplus. In subsection (b)(1)(B)(i) and (ii), the words ‘‘railroad carrier’’ are substituted for ‘‘railroad’’ because of the definition of ‘‘railroad carrier’’ in section 20102 of the revised title. In subsection (b)(1)(B)(iii), the words ‘‘a detail of’’ are omitted as surplus. In subsection (b)(3), the text of 45:435(b) (2d sentence) and the words ‘‘as he deems’’, ‘‘reasonable’’, and ‘‘with respect to such safety rules, regulations, orders, and standards’’ a

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