Preemptive Effect Of Certain Regulations (Closed 5/26/14; Long-Term Action)

At the end of 2013, the Coast Guard's Office of Maritime and International Law issued a Proposed Rule (Docket USCG-2008-1259) "Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard."  While the intent was to clarify and clean-up statements of the preemptive effect of regulations in seven categories, the issuance seemed to result in more confusion and concern. After receiving a flurry of requests for comment extensions and outright withdrawals--especially from environmental and conservation agencies and coalitions--the Coast Guard conducted two public meetings and extended the original comment deadline by 60 days (to May 26, 2014).


NASBLA and member states' review of the proposed rule raised some questions about the provisions outlining the preemptive effects over particular areas of boating law, both recreational and commercial. One area of particular concern was the interpretation of the preemptive effect of 33 CFR Part 173 subpart C (casualty and accident reporting) as it is stated in the proposed rule. See NASBLA's submitted comments.


The rulemaking has been designated as "Long-Term Action," which means further regulatory development is pending. Typically, rulemakings with such designations are not expected to result in either additional regulatory actions over the subsequent 12 months or after a specified month and year.

page last updated Feb. 23, 2016