 |
Code of Federal Regulations (Last Updated: November 8, 2024) |
 |
Title 33 - Navigation and Navigable Waters |
|
Chapter I - Coast Guard, Department of Homeland Security |
|
SubChapter P - Ports and Waterways Safety |
|
Part 161 - Vessel Traffic Management |
|
Subpart A - Vessel Traffic Services |
|
General Rules |
§ 161.6 - Preemption.
Latest version.
-
§ 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 Chapter 25 of the Ports and Waterways Safety Act (33 46 U.S.C. 1221 et seq.)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]