mtuandrew wrote: ↑Wed Apr 01, 2020 9:52 pm
Mod Note: no one is running freight through NYP. Let’s stick to the original premise - why NYFD can regulate Amtrak.
I'm not a lawyer but continuing on with:
exvalley wrote: ↑Mon Mar 30, 2020 8:11 pm
One word: preemption
Thank you for finding the chapter and verse, Exvalley. It goes back to what I said. The city or state can make a more restrictive law and as G'okeefe mentions, it must not place an unreasonable burden on interstate commerce.
49 U.S. Code § 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.
Since the entry in and out of NY is electrified and there is electric power available, it doesn't seem like a law limiting diesel-powered passenger operation through the area would put an undue burden on the railroads.
Going further, when the new tunnels are constructed, this may come into play:
Chapter 33 The Federal Laws Applicable to Railroads
33-100 Introduction
Congress and the courts long have recognized a need to regulate railroad operations at the federal level. City of
Auburn v. United States, 154 F.3d 1025 (9th Cir. 1998). A number of federal laws are controlling, but three commonly
found to preempt state and local attempts to regulate railroad activities are the Interstate Commerce Commission
Termination Act of 1995, the Federal Railroad Safety Act of 1970, and the Noise Control Act of 1972.
The state and local issues examined in this section are limited to those that are primarily related to land use. The
general principal arising from the statutory and case law is that, if a railroad is engaged in transportation-related
activities, federal law will preempt state and local attempts to regulate.
<snip>
33-200 The Interstate Commerce Commission Termination Act of 1995
The Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) (49 U.S.C.A. §10101 et seq.)
abolished the Interstate Commerce Commission and gave the Surface Transportation Board exclusive jurisdiction
over: (1) transportation by rail carriers and the remedies provided with respect to rates, classifications, rules
(including car service, interchange, and other operating rules), practices, routes, services, and facilities of such
carriers; and (2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team,
switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one state. 49
U.S.C. § 10501(b)
<snip>
Following is a summary of state and local activities not preempted by the ICCTA:
Traditional police powers over the development of railroad property such as electrical, plumbing and fire codes,
at least to the extent that the regulations protect the public health and safety, are settled and defined, and can be
obeyed with reasonable certainty, entail no extended or open-ended delays, and can be approved or rejected
without the exercise of discretion on subjective questions. Green Mountain R.R. Corp. v. Vermont, 404 F.3d 638 (2d
Cir. 2005). The regulations may not discriminate against rail carriers or unreasonably burden rail carriage
It seems like the fire department would have a say in the construction and operation through New York. This is particularly true since you are now underground from Weehawken, NJ to Long Island City, New York (roughly, 6 miles.)
