Cite as: 537 U. S. 51 (2002)
Opinion of the Court
sels certified by the Secretary as having acceptable design characteristics, unless they satisfy the different and higher design requirements imposed by state law." Id., at 165. As we explained in United States v. Locke, 529 U. S. 89 (2000), the analysis in Ray was governed by field-preemption rules because the rules at issue were in a "field reserved for federal regulation" and "Congress ha[d] left no room for state regulation of these matters." 529 U. S., at 111. In particular, Title II of the Ports and Waterways Safety Act of 1972 (PWSA) required the Secretary to issue "such rules and regulations as may be necessary with respect to the design, construction, and operation of the covered vessels." 435 U. S., at 161.
The Illinois Supreme Court relied on both Ray and Locke to find petitioner's claims impliedly pre-empted. But the FBSA, unlike Title II of the PWSA, does not require the Coast Guard to promulgate comprehensive regulations covering every aspect of recreational boat safety and design; nor must the Coast Guard certify the acceptability of every recreational boat subject to its jurisdiction. Moreover, neither Title II of the PWSA nor the holding in either Ray or Locke purported to pre-empt possible common-law claims, whereas the FBSA expressly preserves such claims.
The FBSA might be interpreted as expressly occupying the field with respect to state positive laws and regulations but its structure and framework do not convey a "clear and manifest" intent, English v. General Elec. Co., 496 U. S. 72, 79 (1990) (internal quotation marks and citations omitted), to go even further and implicitly pre-empt all state common law relating to boat manufacture. Rather, our conclusion that the Act's express pre-emption clause does not cover common-law claims suggests the opposite intent. See Cipollone v. Liggett Group, Inc., 505 U. S. 504, 517 (1992); id., at 547 (Scalia, J., concurring in judgment in part and dissenting in part). Nor is a clear and manifest intent to sweep away state common law established by an unembellished
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