Title 46 — ShippingRelease 119-73not60
§4306 Federal Preemption
Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part B— Inspection and Regulation of Vessels › Chapter 43— RECREATIONAL VESSELS › § 4306
Summary
States may not set or enforce recreational boat safety rules that differ from the federal rules in 4302 unless the Secretary allows it under 4305. If not disapproved, States may regulate carry or use of marine safety articles for unique hazards.
Full Legal Text
Title 46, §4306
Shipping — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource section (U.S. Code) 430646:145946:1460 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.
Reference
Citations & Metadata
Citation
46 U.S.C. § 4306
Title 46 — Shipping
Last Updated
Apr 5, 2026
Release point: 119-73not60