The U.S. Coast Guard recently issued a safety alert clarifying that federally inspected commercial vessels are not automatically exempt from state and local navigation safety requirements, including no-wake zones.
The alert followed an investigation into a marine casualty in which the wake of a commercial towing vessel swamped and capsized a recreational boat.
“The investigation found that both the credentialed Master of the towing vessel and the towing vessel’s operating company believed that USCG-inspected vessels were governed solely by federal Inland Navigation Rules, and that these rules automatically preempted state and local navigation safety laws, including those related to no-wake zones,” the Oct. 14 Coast Guard safety alert said.
“This common misunderstanding may have originated from a regulatory provision” added to the Code of Federal Regulations in 2014, the Coast Guard said.
The provision stated that federal Inland Navigation Rules had “preemptive effect over state or local regulation within the same field.” According to the Coast Guard, that language incorrectly suggested that federal rules prohibited state and local governments from regulating any aspect of marine navigation.
The Coast Guard removed the language on Sept. 6, 2022, clarifying that federal navigation rules are instead governed by the doctrine of conflict preemption, under which state and local requirements generally remain applicable unless they conflict with federal law.
Mariners who violate applicable local ordinances could face suspension or revocation proceedings against their Merchant Mariner Credentials. The agency urged vessel owners, operators and credentialed mariners to familiarize themselves with the navigation safety requirements along their routes.
The alert also recommended that vessel owners and operators review local navigation rules along their routes and incorporate applicable requirements into their Safety Management Systems and operating procedures. The agency encouraged mariners to consult local Coast Guard officials when state or local regulations appear to conflict with federal requirements.
In cases of direct conflict, operators should follow the federal Inland Navigation Rules, according to the alert.
