§161.6. Preemption.
33 C.F.R. § 161.6
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 46 U.S.C. 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.
Notes, amendments, and revision history
Amendments
[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]
Authority
Authority: 46 U.S.C. 70001, 70002, 70003, 70034, 70114, 70119; Pub. L. 107-295, 116 Stat. 2064; DHS Delegation No. 00170.1, Revision No. 01.3.
Source
Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise noted.
Amendments
[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]