Surface Transportation Board
The Surface Transportation Board (STB or Board) is issuing this policy statement on the scope of its jurisdiction over transportation by rail carriers and on preemption of conflicting state and federal laws under the ICC Termination Act of 1995 (ICCTA). The policy statement provides an overview of the Board's jurisdiction and preemption through a review of existing legal precedent, discussing many commonly occurring questions. The Board intends the policy statement to serve as a useful tool for the public to review, in one place, concise explanations from the Board about its jurisdiction and application of preemption, which the Board anticipates will reduce confusion and facilitate the efficient resolution of disputes.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Surface Transportation Board [Docket No. EP 791] AGENCY: Surface Transportation Board. ACTION: Statement of Board Policy. SUMMARY: The Surface Transportation Board (STB or Board) is issuing this policy statement on the scope of its jurisdiction over transportation by rail carriers and on preemption of conflicting state and federal laws under the ICC Termination Act of 1995 ( printed page 70957) (ICCTA). The policy statement provides an overview of the Board's jurisdiction and preemption through a review of existing legal precedent, discussing many commonly occurring questions. The Board intends the policy statement to serve as a useful tool for the public to review, in one place, concise explanations from the Board about its jurisdiction and application of preemption, which the Board anticipates will reduce confusion and facilitate the efficient resolution of disputes. DATES: This policy statement will be final on November 9, 2026. FOR FURTHER INFORMATION CONTACT: Amanda Gorski at (202) 915-8453. If you require accommodation under the Americans with Disabilities Act, please call (202) 245-0245. SUPPLEMENTARY INFORMATION: Congress granted the Board exclusive jurisdiction over rail transportation and preempted conflicting federal or state laws in ICCTA. See generally 49 U.S.C. 10501 . ICCTA embodies Congress's recognition of the need to regulate railroad operations at the federal level. Broadly, it provides that the Board has jurisdiction over rail transportation that is part o…
Citation: 91 FR 70956
