United States v. Locke, 529 U.S. 89, 23 (2000)

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Cite as: 529 U. S. 89 (2000)

Syllabus

gress, in PWSA Title I, preserved state authority to regulate the peculiarities of local waters, such as depth and narrowness, if there is no conflict with federal regulatory determinations, see 435 U. S., at 171- 172, 178, but further held that Congress, in PWSA Title II, mandated uniform federal rules on the subjects or matters there specified, id., at 168. Thus, under Ray's interpretation of the Title II provision now found at 46 U. S. C. § 3703(a), only the Federal Government may regulate the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of tankers. The Court today reaffirms Ray's holding on this point. Congress has left no room for state regulation of these matters. See Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, 458 U. S. 141. Although the Ray Court acknowledged that the existence of some overlapping coverage between the two PWSA titles may make it difficult to determine whether a pre-emption question is controlled by conflict pre-emption principles, applicable generally to Title I, or by field pre-emption rules, applicable generally to Title II, the Court declined to resolve every question by the greater pre-emptive force of Title II. Thus, conflict pre-emption will be applicable in some, although not all, cases. Useful inquiries in determining which title governs include whether the regulation in question is justified by conditions unique to a particular port or waterway, see Ray, 435 U. S., at 175, or whether it is of limited extraterritorial effect, not requiring the tanker to modify its primary conduct outside the specific body of water purported to justify the local rule, see id., at 159-160, 171. Pp. 103-112.

(c) The field pre-emption rule surrounding PWSA Title II and 46 U. S. C. § 3703(a) and the superseding effect of additional federal statutes are illustrated by the pre-emption of four of Washington's tanker regulations, the attempted reach of which is well demonstrated by the briefs and record. First, the imposition of a series of training requirements on a tanker's crew does not address matters unique to Washington waters, but imposes requirements that control the staffing, operation, and manning of a tanker outside of those waters. The training and drill requirements pertain to "operation" and "personnel qualifications" and so are pre-empted by § 3703(a). That training is a field reserved to the Federal Government is further confirmed by the circumstance that the STCW Convention addresses crew "training" and "qualification" requirements, and that the United States has enacted crew training regulations. Second, the imposition of English language proficiency requirements on a tanker's crew is not limited to governing local traffic or local peculiarities. It is pre-empted by § 3703(a) as a "personnel qualification" and by 33 U. S. C. § 1228(a)(7), which requires that any vessel operating in United States waters have at least one

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