Federal Register #2026-22811

STB Policy Statement on Rail Jurisdiction and Legal Preemption

The Surface Transportation Board (STB) issued a nonbinding policy statement on federal rail jurisdiction and legal preemption. - Government buyer: No procurement is involved; the issuing agency is the U.S. Surface Transportation Board. - Subject: The statement explains the STB’s jurisdiction over rail transportation and how the ICC Termination Act of 1995 preempts conflicting state and federal laws. - Topics covered: Rail property abandonment, crossings, environmental and land-use regulation, rail infrastructure, contracts, and traffic routing; it also discusses how federal rail safety and environmental laws may be harmonized. - Effect: The statement is a public reference, makes no binding determinations, and does not predetermine future disputes. - Procurement items: No OEMs, vendors, products, or services are requested.

Description

The Surface Transportation Board is issuing a policy statement on its jurisdiction over transportation by rail carriers and the preemption of conflicting state and federal laws under the ICC Termination Act of 1995. It reviews legal precedent and addresses commonly occurring questions, including examples of preemption issues and how federal-law harmonization is considered. The Board intends the statement to help the public understand its jurisdiction and preemption principles and facilitate resolution of disputes. The statement makes no binding determinations and does not predetermine the outcome of any particular dispute.

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