Coast Guard Warns Mariners About Local Navigation Laws

The U.S. Coast Guard is reminding vessel owners, operators, masters and pilots that federal Inland Navigation Rules do not automatically preempt state and local navigation safety laws.

The warning comes in Safety Alert 16-26, issued October 14 by the Coast Guard Office of Investigations and Casualty Analysis. The alert follows an investigation into a marine casualty in which a recreational vessel was swamped and capsized by the wake of a commercial towing vessel.

The investigation found that the towing vessel’s credentialed master and operating company believed that U.S. Coast Guard-inspected vessels were governed solely by the federal Inland Navigation Rules and that those rules automatically preempted state and local navigation safety laws, including no-wake requirements.

The Coast Guard said the misunderstanding may have stemmed from language added to 33 CFR 83.01(a) in 2014. That language stated that the Inland Navigation Rules had preemptive effect over state or local regulations within the same field.

The Coast Guard removed that language in September 2022, determining that the statement incorrectly suggested that the Inland Navigation Rules provided field preemption. Under field preemption, state and local governments would be prevented from regulating within the same area.

Instead, the Coast Guard said the Inland Navigation Rules are subject to conflict preemption. Under conflict preemption, state and local governments may regulate navigation as long as their requirements do not conflict with federal regulations.

The Coast Guard’s 2022 rulemaking noted that state and local governments have long maintained navigation safety regulations and that local marine patrols play an important role in enforcing those requirements.

For vessel operators, the distinction means that applicable state and local navigation safety laws cannot simply be disregarded because a vessel is subject to the federal Inland Navigation Rules.

The Coast Guard advised operators to research state and municipal navigation laws, including wake restrictions and speed limits, that apply along their operating routes. Operators also are encouraged to use Harbor Safety Committees, where appropriate, to identify local requirements and discuss potential conflicts.

The agency also recommends incorporating applicable local navigation laws into Safety Management Systems and operations manuals. Owners and operators should provide training to ensure credentialed mariners understand and comply with applicable requirements.

The Coast Guard said operators should follow both the Inland Navigation Rules and applicable local navigation safety rules. If a direct conflict exists, operators should follow the Inland Navigation Rules.

Because the Coast Guard and local governments cannot determine preemption in every situation without a federal court ruling, the agency recommends that operators contact their local Coast Guard District Prevention Office when a state or local requirement directly conflicts with federal regulations or creates an unsafe operating condition.

The Coast Guard also cautioned that violations of applicable local navigation laws can have consequences for credentialed mariners, including potential administrative suspension and revocation proceedings involving their Merchant Mariner Credentials.

“Do not assume automatic federal preemption,” the Coast Guard said in its safety recommendations. Instead, vessel owners, operators, masters and pilots should identify and comply with navigation safety requirements applicable to each waterway on their routes.