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46 U.S.C. § 4306 — Federal preemption
Federal law — U.S. Code and appendices · legal_authorities
Unless permitted by the Secretary under [section 4305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4305&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4302&num=0&edition=prelim).
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Source location: Title 46, Chapter 43, § 4306; chapter-043-recreational-vessels.md
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Unless permitted by the Secretary under [section 4305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4305&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4302&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may prescribe regulations—
(1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those standards, with each standard—
(A) meeting the need for recreational vessel safety; and
(B) being stated, insofar as practicable, in terms of performance;
(2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards established under this section; and
(3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United States Government for recreational vessels and associated equipment.
**(b)** Each regulation prescribed under this section shall specify an effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process.
**(c)** In prescribing regulations under this section, the Secretary shall, among other things—
(1) consider the need for and the extent
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 4302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemptions.—** If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter.
**(b) Equivalents.—** The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 4305
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 46—SHIPPING
§ 4307
make clear that the Secretary may sell anything that
was purchased to test.
§ 4304. Importation of nonconforming vessels and
equipment
The Secretary and the Secretary of the Treas-
ury may authorize by joint regulations the im-
portation of any nonconforming recreational
vessel or associated equipment on conditions,
including providing a bond, that will ensure that
the recreational vessel or associated equipment
will be brought into conformity with applicable
safety regulations and standards of the Govern-
ment before the vessel or equipment is operated
on waters subject to the jurisdiction of the
United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
4304 ..............................................
46:1460
Section 4304 requires the regulation and control of
the importation of nonconforming recreational vessels
and associated equipment. This is to assure United
States manufacturers that foreign imports comply with
those regulations and standards in effect for United
States products so that all manufacturers will be on
this same competitive footing. This is being done in
lieu of providing a specific prohibition against the im-
portation of these vessels and equipment that might be
considered an imposition of a non-tariff barrier to
trade.
§ 4305. Exemptions and equivalents
(a) EXEMPTIONS.—If the Secretary considers
that recreational vessel safety will not be ad-
versely affected, the Secretary may issue an ex-
emption from this chapter or a regulation pre-
scribed under this chapter.
(b) EQUIVALENTS.—The Secretary may accept a
substitution for associated equipment perform-
ance or other safety standards for a recreational
vessel
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 4306
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.