The bill would create new safety rules to be enforced by the PUC and PennDOT, although concern remains that the state will run into federal pre-emption regarding interstate commerce.
, those inspectors act only under authority delegated to them by the Federal Railroad Administration, and their only enforcement power is to refer issues up to the FRA., which seeks to standardize rail regulations under the FRA’s authority and which - under the federal government’s Constitutional authority over interstate commerce - restricts states’ abilities to act outside of this.
During Wednesday’s meeting, Matzie read aloud from the Railroad Safety Act’s pre-emption language, stressing that the law allows states to continue to enforce their own rule if it is “necessary to eliminate or reduce an essentially local safety or security hazard,” is not incompatible with federal law, and “does not reasonably burden interstate commerce.”
Some committee members Wednesday questioned Matzie’s confidence that such rulings would give Pennsylvania sufficient legal cover to act when it feels the federal government has not – or what the consequences of that would be.
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