33 CFR § 175.5 - Exemption from preemption.

---
identifier: "/us/cfr/t33/s175.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 175.5 - Exemption from preemption."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "175.5"
section_name: "Exemption from preemption."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "S"
subchapter_name: "BOATING SAFETY"
part_number: "175"
part_name: "EQUIPMENT REQUIREMENTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "46 U.S.C. 4302; DHS Delegation No. 00170.1, Revision No. 01.3."
regulatory_source: "CGD 72-120R, 38 FR 8115, Mar. 28, 1973, unless otherwise noted."
cfr_part: "175"
---


# 175.5 Exemption from preemption.

The States are exempted from preemption by Federal regulations when establishing, continuing in effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation devices directly related to the following subject areas within the jurisdictional boundaries of the State:

(a) Children on board any vessel;

(b) Operating a canoe or kayak;

(c) Operating a sailboard; and

(d) Operating a personal watercraft.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]