United States v. Locke, 529 U.S. 89, 15 (2000)

Page:   Index   Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

114

UNITED STATES v. LOCKE

Opinion of the Court

who is capable of clearly understanding English." The statute may not be supplemented by laws enacted by the States without compromising the uniformity the federal rule itself achieves.

The third Washington rule we find invalid under field preemption is a navigation watch requirement in WAC § 317-21- 200; see also Appendix, infra, at 118. Washington has different rules for navigation watch, depending on whether the tanker is operating in restricted visibility or not. We mention the restricted visibility rule below, but now evaluate the requirement which applies in general terms and reads: "[T]he navigation watch shall consist of at least two licensed deck officers, a helmsman, and a lookout." The general watch requirement is not tied to the peculiarities of Puget Sound; it applies throughout Washington's waters and at all times. It is a general operating requirement and is preempted as an attempt to regulate a tanker's "operation" and "manning" under 46 U. S. C. § 3703(a).

We have illustrated field pre-emption under § 3703(a) by discussing three of Washington's rules which, under the current state of the record, we can determine cannot be enforced due to the assertion of federal authority found in that section. The parties discuss other federal statutory provisions and international agreements which also govern specific aspects of international maritime commerce. In appropriate circumstances, these also may have pre-emptive effect.

For example, the record before us reveals that a fourth state rule cannot stand in light of other sources of federal regulation of the same subject. Washington requires vessels that ultimately reach its waters to report certain marine casualties. WAC § 317-21-130; see also Appendix, infra, at 117-118. The requirement applies to incidents (defined as a "collision," "allision," "near-miss incident," "marine casualty" of listed kinds, "accidental or intentional grounding," "failure of the propulsion or primary steering systems,"

Page:   Index   Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: October 4, 2007