Coast Guard Clarifies State Jurisdiction for Navigational Violations
The U.S. Coast Guard, on September 6, 2022, published in the Federal Register an interim rule about field preemption of state or local regulations regarding inland navigation and to correct an error made in 2014 concerning field preemption of state or local regulations regarding inland navigation. The regulation is effective Sept. 6, 2022 allowing states to prosecute for violation of state navigation rules that were within the field of the Coast Guard’s Inland Rules. As explained in the attachment from the Federal Register, conflict and not field preemption is the appropriate analysis. State law is preempted by federal law only when compliance with both the state law and a federal law is impossible, or the state law stands as an obstacle to the accomplishment and execution of the full purposes and objective of Congress.
The Federal Register announcement is attached.
