---
kind: "section"
citation: "33 C.F.R. § 175.5"
title: "33"
number: "175.5"
heading: "Exemption from preemption."
url: "https://uscodex.org/cfr/33/175.5"
---

# §175.5. Exemption from preemption.


The States are exempted from preemption by Federal regulations when establishing, continuing in effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation devices directly related to the following subject areas within the jurisdictional boundaries of the State:

- (a) Children on board any vessel;
- (b) Operating a canoe or kayak;
- (c) Operating a sailboard; and
- (d) **Operating a personal watercraft.**

## Notes

### Amendments

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]

### Authority

Authority: 46 U.S.C. 4302; DHS Delegation No. 00170.1, Revision No. 01.3.

### Source

Source: CGD 72-120R, 38 FR 8115, Mar. 28, 1973, unless otherwise noted.

### Amendments

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]