According to the Coast Guard it is. However, in my opinion, 3 HP won't make that much difference. Just don't get yourself into a position where it would matter.
When I was a teenager, I used to run around in my uncles boat that was a tad overpowered. It was a 12' aluminum flat boat with a 20 HP Johnson on it. It was overpowered.

Same uncle had 17' Whaler with a 200 HP Evinrude. We clocked it at 55 MPH. 8-)