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Coast Guard’s Proposed Maritime Preemption Assessment Framework
In the May 2013 issue of Maritime Reporter & Engineering News, Dennis Bryant published a provocative article titled Rebuilding the Presumption of Preemption. The Coast Guard has asserted in the past and believes today that consistent standards of universal application and enforcement, coupled with Federal initiatives to meet unique regional concerns, best meet local and national safety and environmental goals with the least disruption to maritime commerce. 78 Fed. Reg. 79,243.
The Coast Guard’s Proposed Maritime Preemption Assessment Framework
What it may foretell about the coming towing vessel rule. In the May 2013 issue of Maritime Reporter & Engineering News, Dennis Bryant published a provocative article titled Rebuilding the Presumption of Preemption. The Coast Guard has asserted in the past and believes today that consistent standards of universal application and enforcement, coupled with Federal initiatives to meet unique regional concerns…
Rebuilding the Presumption of Preemption
I propose that the Legislative, Executive, Judicial Branches of the federal government should cooperatively work toward the rebuilding of the presumption in favor of federal preemption with respect to all matters related to maritime commerce. I also propose that maritime stakeholders undertake measures to make this a reality. The Constitution already allows for such preemption – and it has been implemented with regard to various issues over time, particularly in the early days of the Republic.