46 U.S.C. § 4306 — Federal preemption
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 101 words · no verdicts yet
This section generally prevents a State or local government from enforcing recreational-vessel or associated-equipment safety standards that differ from Federal standards. It allows the Secretary to permit a different standard and preserves a limited rule for marine-safety articles addressing uniquely hazardous local conditions.
Unless permitted by the Secretary under section 4305 of this title , a State* or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel* or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary’s disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title .
Unless permitted by the Secretary under section 4305 of this title, a State* or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel* or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary’s disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 531
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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