
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4306]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4306. Federal preemption

    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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
4306..............................  46:1459
                                    46:1460
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    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.
