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ng section 526u of this title and repealing sections 526f, 5261, 526m, 527-527h and notes thereunder] may be cited as the Federal Boat Safety Act of 1971'."

ANTITRUST LAWS OF THE UNITED STATES UNIMPAIRED BY THIS CHAPTER

Section 41 (d) of Pub. L. 92-75 provided that: "Nothing contained in this Act [this chapter] shall be deemed to xempt from the antitrust laws of the United States any conduct that would be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws."

EXEMPTION OF CERTAIN VESSELS

Section 41(c) of Pub. L. 92-75 provided that: "Any essel, to the extent that it is subject to the Small Pasenger Carrying Vessel Act, May 10, 1956 (70 Stat. 151) enacting sections 390 to 390g of this title, amending ection 404 and former section 526f of this title and repealing section 520 of this title], or to any other vessel nspection statute of the United States, is exempt from he provisions of this Act [this chapter]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1481 of this title. 1452. Definitions.

As used in this chapter, and unless the context therwise requires

(1) "Boat" means any vessel

(A) manufactured or used primarily for noncommercial use; or

(B) leased, rented, or chartered to another for the latter's noncommercial use; or

(C) engaged in the carrying of six or fewer passengers.

(2) "Vessel" includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

(3) "Undocumented vessel" means a vessel which does not have and is not required a valid marine document as a vessel of the United States. (4) "Use" means operate, navigate, or employ. (5) "Passenger" means every person carried on board a vessel other than

(A) the owner or his representative;
(B) the operator;

(C) bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(D) any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly, or indirectly, for his carriage.

(6) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(7) "Manufacturer" means any person engaged in

(A) the manufacturer, construction, or assembly of boats or associated equipment; or

(B) the manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

(C) the importation into the United States for sale of boats, associated equipment, or components thereof.

(8) "Associated equipment" means—

(A) any system, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of such system, part, or component;

(B) any accessory or equipment for, or appurtenance to, a boat; and

(C) any marine safety article, accessory, or equipment intended for use on board a boat; but

(D) excluding radio equipment.

(9) "Secretary" means the Secretary of the Department in which the Coast Guard is operating.

(10) "State" means a State of the United State, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.

(11) "Eligible State" means one that has a State boating safety program which has been accepted by the Secretary.

(Pub. L. 92-75, § 3, Aug. 10, 1971, 85 Stat. 214.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 2052.

§ 1453. Applicability of chapter.

(a) This chapter applies to vessels and associated equipment used, to be used, or carried in vessels used, on waters subject to the jurisdiction of the United States and on the high seas beyond the territorial seas for vessels owned in the United States. (b) Sections 1454 through 1460 of this title and subsections (a) and (b) of section 1461 of this title are applicable also to boats moving or intended to be moved in interstate commerce.

(c) This chapter, except those sections where the content expressly indicates otherwise, does not apply to

(1) foreign vessels temporarily using waters subject to United States jurisdiction;

(2) military or public vessels of the United States, except recreational-type public vessels;

(3) a vessel whose owner is a State or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such;

(4) ships' lifeboats.

(Pub. L. 92-75, § 4, Aug. 10, 1971, 85 Stat. 215.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1461, 1465, 1484, 1486 of this title.

§ 1454. Safety regulations and standards for boats and equipment; effective date.

(a) The Secretary may issue regulations

(1) establishing minimum safety standards for boats and associated equipment, and establishing procedures and tests required to measure conformance with such standards. Each standard shall be reasonable, shall meet the need for boating safety, and shall be stated, insofar as practicable, in terms of performance;

(2) requiring the installation, carrying, or using of associated equipment on boats and classes of boats subject to this chapter; and prohibiting the

installation, carrying, or using of associated equipment which does not conform with safety standards established under this section. Equipment contemplated by this clause includes, but is not limited to, fuel systems, ventilation systems, electrical systems, navigational lights, sound producing devices, fire fighting equipment, lifesaving devices, signaling devices, ground tackle, life and grab rails, and navigational equipment.

(b) A regulation or standard issued under this section

(1) shall specify an effective date which is not earlier than one hundred and eighty days from the date of issuance, except that this period shall be increased in the discretion of the Secretary to not more than eighteen months in any case involving major product design, retooling, or major changes in the manufacturing process, unless the Secretary finds that there exists a boating safety hazard so critical as to require an earlier effective date; what constitutes major product redesign, retooling, or major changes shall be determined by the Secretary;

(2) may not compel substantial alteration of a boat or item of associated equipment which is in existence, or the construction or manufacture of which is commenced before the effective date of the regulation; but subject to that limitation may require compliance or performance to avoid a substantial risk of personal injury to the public that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and

(3) shall be consistent with laws and regulations governing the installation and maintenance of sanitation equipment.

(Pub. L. 92-75, § 5, Aug. 10, 1971, 85 Stat. 215.)

CONTINUANCE OF REGULATIONS

Section 41(e) of Pub. L. 92-75 provided that: "Regulations previously issued under statutory provisions repealed, modified, or amended by this Act [enacting this chapter and notes thereunder, amending section 526u of this title and repealing sections 526f, 5261, 526m, 527-527h and notes thereunder] continue in effect as though promulgated under the authority of this Act until expressly abrogated, modified, or amended by the Secretary under the regulatory authority of this Act."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1455, 1457, 1459, 1464 of this title.

§ 1455. Prescribing regulations and standards.

In establishing a need for formulating and prescribing regulations and standards under section 1454 of this title, the Secretary shall, among other things

(1) consider the need for and the extent to which the regulations or standards will contribute to boating safety;

(2) consider relevent available boat safety standards, statistics and data, including public and private research, development, testing, and evaluation;

(3) consider whether any proposed regulation or standard is reasonable and appropriate for the particular type of boat or associated equipment for which it is prescribed;

(4) consult with the Boating Safety Advisory Council established pursuant to section 1482 of this title regarding all of the foregoing considerations.

(Pub. L. 92-75, § 6, Aug. 10, 1971, 85 Stat. 216.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1457, 1461, 1482 of this title.

§ 1456. Display of labels evidencing compliance.

The Secretary may require or permit the display of seals, labels, plates, insignia, or other devices for the purpose of certifying or evidencing compliance with Federal safety regulations and standards for boats and associated equipment. (Pub. L. 92-75, § 7, Aug. 10, 1971, 85 Stat. 216.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453 of this title.

§ 1457. Delegation of examination, inspection and testing functions.

The Secretary may, subject to such regulations, supervision, and review as he may prescribe, delegate to any person, or private or public agency, or to any employee under the supervision of such person or agency, any work, business, or function respecting the examination, inspection, and testing necessary for compliance enforcement or for the development of data to enable the Secretary to prescribe and to issue regulations and standards, under sections 1454 and 1455 of this title. (Pub. L. 92-75. § 8, Aug. 10, 1971, 85 Stat. 216.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1453 of this title. § 1458. Exemptions.

The Secretary may, if he considers that boating safety will not be adversely affected, issue exemptions from any provision of this chapter or regulations and standards established thereunder, on terms and conditions as he considers appropriate. (Pub. L. 92-75, § 9, Aug. 10, 1971, 85 Stat. 217.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1453, 1459 of this title.

§ 1459. Federal preemption in the issuance of standards.

Unless permitted by the Secretary under section 1458 of this title, no State or political subdivision thereof may establish, continue in effect, or enforce any provision of law or regulation which establishes any boat or associated equipment performance or other safety standard, or which imposes any requirement for associated equipment, except, unless disapproved by the Secretary, the carrying or using of marine safety articles to meet uniquely hazardous conditions or circumstances within the State, which is not identical to a Federal regulation issued under section 1454 of this title. (Pub. L. 92-75, § 10, Aug. 10, 1971, 85 Stat. 217.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1453 of this title. § 1460. Admission of nonconforming foreign-made boats.

The Secretary of the Treasury and the Secretary may, by joint regulations, authorize the importa

tion of a nonconforming boat or associated equipment upon terms and conditions, including the furnishing of bond, which will assure that the boat or associated equipment will be brought into conformity with the applicable Federal safety regulations and standards before it is used on waters subject to the jurisdiction of the United States. (Pub. L. 92-75, § 11, Aug. 10, 1971, 85 Stat. 217.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453 of this title.

§ 1461. Prohibited acts.

(a) Manufacture, importation of sale of nonconforming boats or equipment, except for exportation; false certification of compliance with standards; failure to give defect notification or remedy defect. No person shall

(1) manufacture, construct, assemble, introduce, or deliver for introduction in interstate commerce, or import into the United States, or if engaged in the business of selling or distributing boats or associated equipment, sell or offer for sale, any boat, associated equipment, or component thereof to be sold for subsequent assembly, unless

(A) it conforms with regulations and standards prescribed under this chapter, or

(B) it is intended solely for export, and so labeled, tagged, or marked on the boat or equipment and on the outside of the container, if any. which is exported.

(2) affix, attach, or display a seal, label, plate, insignia, or other device indicating or suggesting compliance with Federal safety standards, on, in, or with a boat or item of associated equipment, which is false or misleading;

(3) fail to furnish a notification as required by section 1464(a) of this title or exercise reasonable diligence in fulfilling the undertaking given pursuant to section 1464 (c) of this title.

(b) Applicability of penalties.

No person shall be subject to any penalty contained in this section if he establishes that he did not have reason to know in the exercise of due care that a boat or associated equipment does not conform with applicable Federal boat safety standards, or who holds a certificate issued by the manufacturer of the boat or associated equipment to the effect that such boat or associated equipment conforms to all applicable Federal boat safety standards, unless such person knows or reasonably should have known that such boat or associated equipment does not so conform.

(c) Use of vessel in violation of regulations.

No person may use a vessel in violation of this chapter or regulations issued thereunder. (d) Negligent use of vessel.

No person may use a vessel, including one otherwise exempted by section 1453 (c) of this title, in a negligent manner so as to endanger the life, limb, or property of any person. Violations of this subsection involving use which is grossly negligent, subject the violator, in addition to any other penalties prescribed in this chapter, to the criminal penalties prescribed in section 1483 of this title.

(e) Use of vessel carrying passengers for hire, except in the charge of a licensed operator.

No vessel equipped with propulsion machinery of any type and not subject to the manning requirements of the vessel inspection laws administered by the Coast Guard, may while carrying passengers for hire, be used except in the charge of a person licensed for such service under regulations, prescribed by the Secretary, which pertain to qualifications, issuance, revocation, or suspension, and related matters. (f) Applicability of licensed operator requirement.

Subsection (e) of this section shall not apply to any vessel being used for bona fide dealer demonstrations furnished without fee to business invitees. However, if on the basis of substantial evidence the Secretary determines, pursuant to section 1455 of this title, that requiring vessels so used to be under the control of licensed persons is necessary to meet the need for boating safety, then the Secretary may promulgate regulations requiring the licensing of persons controlling such vessels in the same manner as provided in subsection (e) of this section for persons in control of vessels carrying passengers for hire. (Pub. L. 92–75, § 12, Aug. 10, 1971, 85 Stat. 217.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1453, 1483, 1484 of this title.

§ 1462. Termination of unsafe use.

If a Coast Guard boarding officer observes a boat being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in regulations of the Secretary, and in his judgment such use creates an especially hazardous condition, he may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. (Pub. L. 92-75, § 13, Aug. 10, 1971, 85 Stat. 218.)

§ 1463. Inspection, investigation and reporting; trade secrets provided to Secretary in confidence.

(a) Every manufacturer subject to the provisions of this chapter shall establish and maintain records, make reports, and provide information as the Secretary may reasonably require to enable him to determine whether the manufacturer has acted or is acting in compliance with this chapter and the regulations issued thereunder. A manufacturer shall, upon request of an officer, employee, or agent authorized by the Secretary, permit the officer, employee, or agent to inspect at reasonable times factories or other facilities, books, papers, records, and documents relevant to determining whether the manufacturer has acted or is acting in compliance with this chapter and the regulations issued thereunder.

(b) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a) of this section containing or relating to a trade secret or other matter referred to in section 1905 of Title 18 or authorized to be exempted from public disclosure by section 552(b) of Title 5, shall be considered confidential for the purpose of that section of Title 18, except that, upon

approval by the Secretary, such information may be disclosed to other officers, employees, or agents concerned with carrying out this chapter or when relevant in any proceeding under this chapter. (Pub. L. 92-75, § 14, Aug. 10, 1971, 85 Stat. 218.)

§ 1464. Repair or replacement of defects. (a) Notification by manufacturer.

Every manufacturer who discovers or acquires information which he determines, in the exercise of reasonable and prudent judgment, indicates that a boat or associated equipment subject to an applicable standard or regulation prescribed pursuant to section 1454 of this title either fails to comply with such standard or regulation, or contains a defect which creates a substantial risk of personal injury to the public, shall, if such boat or associated equipment has left the place of manufacture, furnish notification of such defect or failure of compliance as provided in subsections (b) and (c) of this section, within a reasonable time after the manufacturer has discovered the defect.

(b) Persons to be notified and manner of notification.

The notification required by subsection (a) of this section shall be given to the following persons in the following manner

(1) by certified mail to the first purchaser for purposes other than resale: Provided, That the requirement for notification of such first purchaser shall be satisfied if the manufacturer exercises reasonable diligence in creating and maintaining a list of such purchasers and their current addresses and sends the required notice to each person on said list at the address appearing thereon;

(2) by certified mail to subsequent purchasers if known to the manufacturer;

(3) by certified mail or other more expeditious means to the dealers or distributors of such manufacturer to whom such boat or associated equipment was delivered.

(c) Contents of notification.

The notification required by subsection (a) of this section shall contain a clear description of such defect or failure to comply, an evaluation of the hazard reasonably related thereto, a statement of the measures to be taken to correct such defect or failure to comply, and an undertaking by the manufacturer to take such measures at his sole cost and expense.

(d) Copy of notification for Secretary; public disclosure by Secretary.

Every manufacturer shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to dealers or distributors of such manufacturer or to purchasers, or subsequent purchasers, of boats or associated equipment of such manufacturer, regarding any defect relating to safety in such boats or associated equipment or any failure to comply with a standard, regulation, or order applicable to such boat or associated equipment. The Secretary may publish or otherwise disclose to the public so much of the information contained in such notices or other information in his possession as he deems will assist in carrying out the purposes of this chapter, but shall not disclose any information which contain or relates to a trade

secret unless he determines that it is necessary to carry out the purposes of this chapter.

(e) Determination of defect by Secretary; notice to manufacturer and notification by manufacturer; proceeding where manufacturer disputes Secretary's findings.

If through testing, inspection, investigation, research, or examination of reports carried out pursuant to this chapter the Secretary determines that any boat or associated equipment subject to this chapter

(1) fails to comply with an applicable standard or regulation prescribed pursuant to section 1454 of this title; or

(2) contains a defect which relates to safety, and if the Secretary determines that notification provided under this section is appropriate, he shall notify the manufacturer of the boat or associated equipment of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include a synopsis of the information upon which the findings are based. Upon receipt of such notice, the manufacturer shall furnish the notification described in subsection (c) of this section to the persons designated in subsection (b) of this section, unless the manufacturer disputes the Secretary's determination, in which case the Secretary shall afford such manufacturer an opportunity to present his views to establish that there is no failure of compliance or defect relating to safety. Where the Secretary determines it is in the public interest, he may publish notice of such proceeding in the Federal Register and afford interested persons, including the Boating Safety Advisory Council, an opportunity to comment thereon. If after such presentation by the manufacturer the Secretary determines that such boat or associated equipment does not comply with an applicable standard or regulation, or that it contains a defect related to safety, the Secretary may direct the manufacturer to furnish the notification specified in subsection (c) of this section to the persons specified in subsection (b) of this section. (f) "Associated equipment".

For purposes of this section, the term "associated equipment" includes only such items or classes of associated equipment as the Secretary shall by regulation or order prescribe after determining that the application of the requirements of this section to such items or classes of associated equipment is reasonable, appropriate, and in furtherance of the purposes of this chapter.

(g) Rule making powers of Secretary.

The Secretary is authorized to promulgate regulations defining and establishing procedures and otherwise furthering the purposes of this section. (Pub. L. 92-75, § 15, Aug. 10, 1971, 85 Stat. 219.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1461, 1484 of this title.

§ 1465. Rendering of assistance in casualties; liability exemption.

(a) The operator of a vessel, including one otherwise exempted by section 1453 (c) of this title, involved in a collision, accident, or other casualty, to the extent he can do so without serious danger to

his own vessel, or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the collision, accident, or casualty. He shall also give his name, address, and the identification of his vessel to any person injured and to the owner of any property damaged. The duties imposed by this subsection are in addition to any duties otherwise imposed by law.

(b) Any person who complies with subsection (a) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent man would have acted under the same or similar circumstances. (Pub. L. 92-75, § 16, Aug. 10, 1971, 85 Stat. 220.)

§ 1466. Vessels requiring numbering.

An undocumented vessel equipped with propulsion machinery of any type shall have a number issued by the proper issuing authority in the State in which the vessel is principally used. (Pub. L. 92-75, § 17, Aug. 10, 1971, 85 Stat. 220.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1472 of this title.

§ 1467. Standard numbering system.

(a) Promulgation by Secretary; approval of State numbering system.

The Secretary shall establish by regulation a standard numbering system for vessels. Upon application by a State, the Secretary shall approve a State numbering system which is in accord with the standard numbering system and the provisions of this chapter relating to numbering and casualty reporting. A State with an approved system is the issuing authority under this chapter. The Secretary is the issuing authority in States where a State numbering system has not been approved.

(b) Limitations on prior numbering systems of a State. If a State has a numbering system approved by the Secretary under the Act of September 2, 1958 (72 Stat. 1754), as amended, prior to enactment hereof, the system need not be immediately revised to conform with this chapter and may continue in effect without change for a period not to exceed three years from the date of enactment of this chapter.

(c) Numbered vessel as in compliance when temporarily used in any State.

When a vessel is actually numbered in the State of principal use, it shall be considered as in compliance with the numbering system requirements of any State in which it is temporarily used.

(d) Limited recognition of previously issued number by new State of principal use.

When a vessel is removed to a new State of principal use, the issuing authority of that State shall recognize the validity of a number awarded by any other issuing authority for a period of at least sixty days before requiring numbering in the new State.

(e) Limited recognition by State of previously issued Federal Number.

If a State has a numbering system approved after the effective date of this chapter, that State must accept and recognize any certificate of number issued by the Secretary, as the previous issuing authority in that State, for one year from the date that State's system is approved, or until its expiration date, at the option of the State.

(f) Withdrawal of approval of State numbering system.

Whenever the Secretary determines that a State is not administering its approved numbering system in accordance with the standard numbering system, or has altered its system without his approval, he may withdraw his approval after giving notice to the State, in writing, setting forth specifically wherein the State has failed to meet the standards required, and the State has not corrected such failures within a reasonable time after being notified by the Secretary. (Pub. L. 92-75, § 18, Aug. 10, 1971, 85 Stat. 220.)

REFERENCES IN TEXT

The Act of September 2, 1958 (72 Stat. 1754), as amended, referred to in subsec. (b), was Pub. L. 85-911 and was known as the Federal Boating Act of 1958 which enacted section 527 et seq. of this title, added section 526u of this title, amended former section 5261 and section 5260 of this title, and repealed, eff. Apr. 1, 1960, sections 288 and 526t of this title. Such Act was itself repealed, except for section 6(b) and (c) thereof [amending section 5260 of this title and adding section 526u of this title], by section 41(a) (2) of Pub. L. 92-75, Aug. 10, 1971, 85 Stat. 228.

Reference to a numbering system approved prior to "enactment hereof" and "date of enactment of this chapter" in subsec. (b), and reference to a numbering system approved after the "effective date of this chapter" in subsec. (e), have reference to Aug. 10, 1971.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1472 of this title.

§ 1468. Exemption from numbering provisions.

(a) The Secretary, when he is the issuing authority, may exempt a vessel or class of vessels from the numbering provisions of this chapter under such conditions as he may prescribe.

(b) When a State is the issuing authority, it may exempt from the numbering provisions of this chapter any vessel or class of vessels that has been exempted under subsection (a) of this section or otherwise as permitted by the Secretary. (Pub. L. 92– 75, § 19, Aug. 10, 1971, 85 Stat. 221.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1472 of this title.

§ 1469. Description and possession of certificate of number; transfer of interest in vessel; notice of change of address.

(a) A certificate of number granted under this chapter shall be pocket size, shall be at all times available for inspection on the vessel for which issued when the vessel is in use, and may not be valid for more than three years. The certificate of number for vessels less than twenty-six feet in length and leased or rented to another for the latter's noncommercial use of less than twenty-four hours may be retained on shore by the vessel's owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative.

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