46-U.S.C.-4306
§4306 – Federal Preemption
Pathway
Title 46 > Subtitle II > Part B > Chapter 43 > Section 4306
Details
- Reference: Section 4306
- Legend: §4306 – Federal Preemption
- USCode Year: 2013
Provision Content
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 Secretarys 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)
Revised section | Source section (U.S. Code) |
---|---|
4306 | 46:1459 46:1460 |
Section 4306 establishes the Federal preemption of recreational boating standards and requirements. A State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical to a Federal standard. The Secretary may grant an exemption to a State when the State requirement is one that is needed to meet uniquely hazardous conditions or circumstances within a State. This is to provide uniform standards without the imposition of excessive special requirements by individual States.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-4303 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-4303, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
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