# 2026-22811: Railroad Rulebook Clarifies When Federal Law Beats State Law 2026-22811, Policy Statement on Jurisdiction and Preemption Under the ICC Termination Act, is a Federal Register notice from Surface Transportation Board published 2026-11-09, effective 2026-11-09; PRIA reads it as touching household money (as of 2026-11-11). - Canonical: https://policyrisk.com/federal-register/2026-22811 - As of: 2026-11-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-22811 - Title: Policy Statement on Jurisdiction and Preemption Under the ICC Termination Act - Type: Notice - Agencies: Surface Transportation Board - Citation: 91 FR 70956 - Published: 2026-11-09 - Effective: 2026-11-09 - Comments close: not stated - Significant: no - Touches household money: yes - Regulation identifier numbers: none - Last updated: 2026-11-11 ## In one line Railroad Rulebook Clarifies When Federal Law Beats State Law ## Summary The Surface Transportation Board just cleared up who’s in charge of railroads and when federal rules beat state laws, thanks to the ICC Termination Act. This new policy helps rail companies, shippers, and states understand the rules better, cutting down confusion and speeding up dispute fixes. It’s official as of November 9, 2026, making rail travel smoother and more predictable nationwide. ## Abstract 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. ## Effects PRIA read - Clarified Federal Rail Authority and Preemption: benefit, medium. If you are a rail carrier, shipper, or state/local government, the Surface Transportation Board explains how it interprets its exclusive jurisdiction under 49 U.S.C. 10501(b) and when federal law preempts conflicting state or local laws. The Board says this clarification is intended to reduce confu… - Common State Rules the Board Identifies as Preemptible: benefit, medium. The policy statement lists specific categories of state or local actions that the Board and courts have frequently considered for ICCTA preemption, including abandonment of rail property, complete takings of rail property, utilities and pipelines in rights-of-way, blocked crossings, pedestrian/road… - Said to Reduce Administrative and Litigation Costs: benefit, low. The Board states the policy will lower costs by reducing the time and resources needed to process and evaluate topics related to the Board's jurisdiction and preemption and calls the action a deregulatory action under Executive Order 14192, Unleashing Prosperity Through Deregulation. The Board says… - Board Assistance Programs to Resolve Disputes: benefit, low. Local officials, railroads, and other stakeholders can seek help from the Board's Office of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) and the Rail Customer and Public Assistance (RCPA) program to facilitate communication, ask informal questions, or request assistance in resol… ## Related documents - [2026-22666](https://policyrisk.com/federal-register/2026-22666): Wilkes-Barre Terminal Railway Company-Acquisition, Operation and Change of Operator Exemption-Luzerne County Redevelopment Authority and Lu…, 2026-11-06 - [2026-22451](https://policyrisk.com/federal-register/2026-22451): Kanawha River Railroad, L.L.C.-Lease Renewal and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company, 2026-11-04 - [2026-22256](https://policyrisk.com/federal-register/2026-22256): Norfolk Southern Railway Company-Abandonment Exemption-in Madison County, Ohio, 2026-11-02 - [2026-22232](https://policyrisk.com/federal-register/2026-22232): Release of Waybill Data, 2026-10-30 - [2026-22035](https://policyrisk.com/federal-register/2026-22035): TBL Group, Inc.-Acquisition of Control-Horizon Motor Coach, Inc., 2026-10-29 - [2026-22090](https://policyrisk.com/federal-register/2026-22090): Channel Pacific Railroad-Operation Exemption-In West Sacramento, Yolo County, Cal., 2026-10-29 ## Sources - [2026-22811 on federalregister.gov](https://www.federalregister.gov/documents/2026/11/09/2026-22811/policy-statement-on-jurisdiction-and-preemption-under-the-icc-termination-act) - [2026-22811 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-11-09/pdf/2026-22811.pdf) ## Related - [Previous: 2026-22810, Pioneer Hi-Bred International, Inc.: Availability of a Petition for a Determina…](https://policyrisk.com/federal-register/2026-22810) - [Next: 2026-22813, Membership of the Senior Executive Service and Senior Professional Standing Per…](https://policyrisk.com/federal-register/2026-22813) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-22811 (as of 2026-11-11).