---
kind: "section"
citation: "46 U.S.C. § 4306"
title: "46"
title_heading: "Shipping"
number: "4306"
heading: "Federal preemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/4306"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part B — Inspection and Regulation of Vessels"
  - "Chapter 43 — Recreational Vessels"
---

# §4306. Federal preemption


Unless permitted by the [Secretary](/usc/46/2101.md?p=46) under [section 4305 of this title](/usc/46/4305.md), a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a [recreational vessel](/usc/46/2101.md?p=36) 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](/usc/46/2101.md?p=46)’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](/usc/46/4302.md).


## Source credit

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

## Notes

| Historical and Revision Notes |  |
| --- | --- |
| Revised section | Source section (U.S. Code) |
| 4306 | 46:1459<br>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.