33 CFR 161.6 - Preemption.

Regulations last checked for updates: Nov 23, 2024

Title 33 - Navigation and Navigable Waters last revised: Nov 21, 2024

View all text of Subpart A [§ 161.1 - § 161.13]

§ 161.6 - Preemption.

The regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v. Locke, 529 U.S. 89 (2000), that by enacting 46 U.S.C. Chapter 700 'Ports and Waterways Safety', Congress intended that Coast Guard regulations preempt State laws or regulations regarding vessel traffic services in United States ports and waterways.

[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]

authority: 46 U.S.C. 70001,70002,70003,70034,70114,70119; Pub. L. 107-295, 116 Stat. 2064; DHS Delegation No. 00170.1, Revision No. 01.3

source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise noted.

cite as: 33 CFR 161.6