1. Regulations
  2. title 46
  3. chapter I
  4. part 28
  5. subpart A
  6. § 28.30

View all text of Subpart A [§ 28.10 - § 28.95]

§ 28.30 - Applicability; preemptive effect.

(a) Except as provided in paragraph (b) of this section, this part is applicable to all United States flag vessels not inspected under this chapter that are commercial fishing, fish processing, or fish tender vessels. This includes vessels documented under the provisions of subchapter G of this chapter and vessels numbered by a State or the Coast Guard under the provisions of 33 CFR subchapter S. Certain regulations in this part apply only to limited categories of vessels. Specific applicability statements are provided at the beginning of those regulations.

(b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear.

(c) The regulations in this part have preemptive effect over State or local regulations in the same field.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by USCG-2004-18884, 69 FR 58344, Sept. 30, 2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 2004; USCG-2006-24797, 77 FR 33872, June 7, 2012]

AUTHORITY: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603; Department of Homeland Security Delegation No. 0170.1.

SOURCE: CGD 88-079, 56 FR 40393, Aug. 14, 1991, unless otherwise noted.

CITE AS: 46 CFR 28.30