NS fights Delaware anti-idling proposal

[NS Newsfeed]

WASHINGTON — Norfolk Southern asked federal railroad regulators to overrule new locomotive idling restrictions proposed in the state of Delaware, saying they are preempted by federal law.



The eastern carrier on 4 August asked the Surface Transportation Board to issue an order finding that the proposed idling restrictions are not allowed under the Interstate Commerce Commission Termination Act. NS operates 157 miles of mainline track, three terminals and four satellite yards in the state.



"The laws are categorically preempted because they amount to a preclearance or permitting requirement whereby a railroad must get permission from the state to idle its locomotives as it sees fit, a critical element of transportation by rail," NS said.



The law was passed by the Delaware state legislature but has yet to be signed by governor Jack Markell (D). It would ban "non-essential" idling of locomotives between 8pm and 7am. Non-essential idling is defined as that which is not a result of traffic conditions, a police order, temperature control of equipment or maintenance-related operation.



The law does not apply to trains in industrial zones, meaning it is aimed at trains en route, not in yards, NS said. Penalties are $5,000 for the first offense and up to $20,000 for subsequent offenses.



The STB has found previously that allowing a state to control circumstances under which locomotives can be idled would lead to further piecemeal regulations by localities, NS said. A federal court in California in 2007 also found that idling restrictions in that state are preempted by federal law.

[steveiez]

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