A vessel which does not have the certificate of number on board shall be identified while in use, and comply with such other requirements, as the issuing authority prescribes.

(b) The owner of a vessel numbered under this chapter shall furnish to the issuing authority notice of the transfer of all or part of his interest in the vessel, or of the destruction or abandonment of the vessel, within a reasonable time thereof, and shall furnish notice of any change of address within a reasonable time of the change, in accordance with prescribed regulations. (Pub. L. 92-75, § 20, Aug. 10, 1971, 85 Stat. 221.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1472 of this title.

§ 1470. Display of number.

A number required by this chapter shall be painted on, or attached to, each side of the forward half of the vessel for which it was issued, and shall be of the size, color, and type as may be prescribed by the Secretary. No other number may be carried on the forward half of the vessel. (Pub. L. 92-75, § 21, Aug. 10, 1971, 85 Stat. 221.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1472 of this title. § 1471. Safety certificates.

When a State is the issuing authority it may require that the operator of a numbered vessel hold a valid safety certificate issued under terms and conditions set by the issuing authority. (Pub. L. 92-75, § 22, Aug. 10, 1971, 85 Stat. 222.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1472 of this title.

§ 1472. Promulgation of regulations dealing with numbering and casualty reporting.

The issuing authority may prescribe regulations and establish fees to carry out the intent of sections 1466 through 1473 of this title and section 1486 of this title. A State issuing authority may impose only terms and conditions for vessel numbering (1) which are prescribed by this chapter or the regulations of the Secretary concerning the standard numbering system, or (2) which relate to proof of payment of State or local taxes. (Pub. L. 92-75, § 23, Aug. 10, 1971, 85 Stat. 222.)

§ 1473. Furnishing of vessel numbering and registration information.

Any person may request from an issuing authority vessel numbering and registration information which is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be furnished upon payment by such person of the cost of retrieval and furnishing of the information requested. (Pub. L. 92-75, § 24, Aug. 10, 1971, 85 Stat. 222.)

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

§ 1474. State boating safety programs; establishment and acceptance.

In order to encourage greater State participation and consistency in boating safety efforts, and par

ticularly greater safety patrol and enforcement activities, the Secretary may accept State boating safety programs directed at implementing and supplementing this chapter. Acceptance is necessary for a State to receive full rather than partial Federal financial assistance under this chapter. The Secretary may also make Federal funds available to an extent permitted by section 1476(d) of this title to national nonprofit public service organizations for national boating safety programs and activities which he considers to be in the public interest. (Pub. L. 92-75, § 25, Aug. 10, 1971, 85 Stat. 222.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1476 of this title.

§ 1475. Boating safety program content.

(a) The Secretary shall accept a State boating safety program which

(1) incorporates a State vessel numbering system previously approved under this chapter or includes such a numbering system as part of the proposed boating safety program;

(2) includes generally the other substantive content of the Model State Boat Act as approved by the National Association of State Boating Law Administrators in conjunction with the Council of State Governments, or is in substantial conformity therewith, or conforms sufficiently to insure uniformity and promote comity among the several jurisdictions;

(3) provides for patrol and other activity to assure enforcement of the State boating safety laws and regulations;

(4) provides for boating safety education programs;

(5) designates the State authority or agency which will administer the boating safety program and the allocated Federal funds; and

(6) provides that the designated State authority or agency will submit reports in the form prescribed by the Secretary.

(b) The requirements of subparagraph (a)(2) of this section shall be liberally construed to permit acceptance where the general intent and purpose of such requirements are met and nothing contained therein is in any way intended to discourage a State program which is more extensive or comprehensive than suggested herein, particularly with the regard to safety patrol and enforcement activity commensurate with the amount and type of boating activity within the State, and with regard to public boat safety education, and experimental program which could enhance boating safety. (Pub. L. 92–75, § 26, Aug. 10, 1971, 85 Stat. 222.)

§ 1476. Allocation of Federal funds.

(a) The Secretary shall allocate the amounts appropriated to the several States as soon as practicable after July 1 of each fiscal year for which the funds are appropriated.

(b) In order to encourage and assist the States in the development of boating safety programs during the first three fiscal years for which funds are available under this chapter, the funds shall be allocated among applying States having a boating safety program, or which indicate to the Secretary their intention to establish boating safety programs

in accordance with section 1474 of this title. Onehalf of the funds shall be allocated equally among the applying States. The other half shall be allocated to each applying State in the same ratio as the number of vessels propelled by machinery numbered in that State bears to the number of such vessels numbered in all applying States.

(c) In fiscal years after the third fiscal year for which funds are available under this chapter the moneys appropriated shall be allocated among applying States. Of the total available funds onethird shall be allocated each year equally among applying States. One-third shall be allocated so that the amount each year to each applying eligible State will be in the same ratio as the number of vessels numbered in that State, under a numbering system approved under this chapter, bears to the number of such vessels numbered in all applying eligible States. The remaining one-third shall be allocated so that the amount each year to each applying eligible State shall be in the same ratio as the State funds expended or obligated for the State boating safety program during the previous fiscal year by a State bears to the total State funds expended or obligated for that fiscal year by all the applying eligible States.

(d) The Secretary may allocate not more than 5 per centum of funds appropriated in any fiscal year for national boating safety activities of one or more national nonprofit-public service organizations. (Pub. L. 92-75, § 27, Aug. 10, 1971, 85 Stat. 223.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1474, 1477, 1480 of this title.

§ 1477. Allocation of funds.

(a) Limitations.

Notwithstanding the allocation ratios prescribed in section 1476 of this title, the Federal share of the total annual cost of a State's boating safety program may not exceed 75 per centum in fiscal year 1972, 663 per centum in fiscal year 1973, 50 per centum in fiscal year 1974, 40 per centum in fiscal year 1975, and 33 per centum in fiscal year 1976. No State may receive more than 5 per centum of the Federal funds appropriated or available for allocation in any fiscal year.

(b) Unobligated funds.

Amounts allocated to a State shall be available for obligation by that State for a period of three years following the date of allocation. Funds unobligated by the State at the expiration of the threeyear period shall be withdrawn by the Secretary and shall be available with other funds to be allocated by the Secretary during that fiscal year.

(c) Unallocated funds.

Funds available to the Secretary which have not been allocated at the end of a fiscal year shall be carried forward as part of the total allocation funds for the next fiscal year for which appropriations are authorized by this chapter. (Pub. L. 92-75, § 28, Aug. 10, 1971, 85 Stat. 223.)

§ 1478. Determination of State funds expended for boating safety program.

In accordance with regulations prescribed by the Secretary computation by a State of funds expended

or obligated for the boating safety program shall include the acquisition, maintenance, and operating costs of facilities, equipment, and supplies; personnel salaries and reimbursable expenses; the costs of training personnel; public boat safety education; the costs of administering the program; and other expenses which the Secretary considers appropriate. The Secretary shall determine any issues which arise in connection with such computation. (Pub. L. 92–75, § 29, Aug. 10, 1971, 85 Stat. 224.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1480 of this title.

§ 1479. Authorization of appropriations for State boating safety programs.

For the purpose of providing financial assistance for State boating safety programs there is authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years, such appropriations to remain available until expended. (Pub. L. 92-75, § 30, Aug. 10, 1971, 85 Stat. 224.)

§ 1480. Payments of amounts allocated to the States. (a) Method.

Amounts allocated under section 1476 of this title shall be computed and paid to the States as follows:

(1) During the first three fiscal years that funds are available the Secretary shall schedule the initial payment to each State at the earliest possible time after application and compliance with section 1476(b) of this title.

(2) For fiscal years after the third fiscal year for which funds are available, the Secretary shall determine during the last quarter of a fiscal year, on the basis of computations made pursuant to section 1478 of this title and submitted by the States, the percentage of the funds available for the next fiscal year to which each eligible State shall be entitled. Notice of the percentage and of the dollar amount, if it can then be determined, for each State shall be furnished to the States at the earliest practicable time. If the Secretary finds that an amount made available to a State for a prior year is greater or less than the amount which should have been made available to that State for the prior year, because of later or more accurate State expenditure information, the amount for the current fiscal year may be increased or decreased by the appropriate amount.

(b) Scheduling of payments.

Notwithstanding any other provision of law, the Secretary shall schedule the payment of funds consistent with the program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of funds from the United States Treasury and the subsequent disbursement thereof by a State.

(c) Termination upon failure to comply.

Whenever the Secretary, after reasonable notice to the designated State authority or agency, finds that

(1) the boating safety program submitted by the State and accepted by the Secretary has been so changed that it no longer complies with this

chapter or standards established by regulations thereunder; or

(2) in the administration of the boating safety program, there has been a failure to comply substantially with the standards established by the regulations;

the Secretary shall notify the State authority or agency that no further payments will be made to the State until the program conforms to the established standards or the failure is corrected.

(d) Records, availability for audit.

The Secretary shall, by regulation, provide for such accounting, budgeting, and other fiscal procedures as are necessary and reasonable for the proper and efficient administration of this section. The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination, to any books, documents, papers, and records that are pertinent to Federal funds allocated under this chapter. (Pub. L. 92-75, § 31, Aug. 10, 1971, 85 Stat. 224.)

§ 1481. Consultation and cooperation.

(a) In carrying out his responsibilities under this chapter the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other 'persons having an interest in boating and boating safety.

(b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies, in the planning, development, and execution of boating safety programs. Acting under the authority of section 141 of Title 14, and consonant with the policy defined in section 1451 of this title, the Secretary shall insure the fullest cooperation between the State and Federal authorities in promoting boating safety by entering into agreements and other arrangements with the State whenever possible. Subject to the provisions of chapter 23, Title 14, he may make available, upon request from a State, the services of members of the Coast Guard Auxiliary to assist the State in the promotion of boating safety on State waters. (Pub. L. 92-75, § 32, Aug. 10, 1971, 85 Stat. 225.)

§ 1482. Boating Safety Advisory Council.

(a) Establishment; membership.

The Secretary shall establish a National Boating Safety Advisory Council (hereinafter referred to as "the Council"), which shall not exceed twenty-one members, whom the Secretary considers to have a particular expertise, knowledge, and experience in boating safety. Insofar as practical, to assure balanced representation, members shall be drawn equally from (1) State officials responsible for State boating safety programs, (2) boat and associated equipment manufacturers, and (3) boating organizations and members of the general public. Additional persons from those sources may be appointed to panels to the Council which will assist the Council in the performance of its functions. (b) Consultation with Secretary.

In addition to the consultation required by section 1455 of this title the Secretary shall consult with

the Council on any other major boat safety matters related to this chapter.

(c) Compensation.

Members of the Council or panels may be compensated at a rate not to exceed the rate provided for Federal classified employees of grade GS-18 when engaged in the duties of the Council. Members, while away from their homes or regular places of business, may be allowed travel expenses, including a per diem in lieu of subsistence as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently. Payments under this section shall not render members of the Council employees or officials of the United States for any purposes. (Pub. L. 92-75, § 33, Aug. 10, 1971, 85 Stat. 225.)

REFERENCE IN TEXT

The rate provided for Federal classified employees of grade GS-18, referred to in subsec. (c), is set out under section 5332 of Title 5, Government Organizations and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1455 of this title.

§ 1483. Criminal penalties.

Any person who willfully violates section 1461 (c) of this title or the regulations issued thereunder shall be fined not more than $1,000 for each violation or imprisoned not more than one year, or both. (Pub. L. 92-75, § 34, Aug. 10, 1971, 85 Stat. 226.)

SAVINGS PROVISIONS

Section 41(f) of Pub. L. 92-75 provided that: "Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended [which is Act Apr. 25, 1940, c. 155, 54 Stat. 165, and is classified to section 526 et seq. of this title], or the Federal Boating Act of 1958, as amended [which was Pub. L. 85-911, Sept. 2, 1958, 72 Stat. 1754 and was classified to section 527 et seq. of this title], for a violation which occurred before the effective date of this Act (Aug. 10, 1971] may be initiated and continue to conclusion as though the former Acts had not been amended or repealed hereby."

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

§ 1484. Civil penalties.

(a) Violation of provisions dealing with construction standards, labeling, and manufacturer's obligation to give notice and remedy defects.

In addition to any other penalty prescribed by law any person who violates section 1461 (a) of this title shall be liable to a civil penalty of not more than $2,000 for each violation, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations. Whenever any corporation violates section 1461 (a) of this title, any director, officer, or executive employee of such corporation who knowingly and willfully ordered or knowingly and willfully authorized such violation shall be individually liable to the civil penalties contained herein, in addition to the corporation: Provided, however, That no such director, officer, or executive employee shall be individually liable under this subsection if he can demonstrate, by a preponderance of the evidence, (1) that said order or authorization was issued on the basis of a determination, in the exercise of reasonable and prudent judgment, that

the nonconformity with standards and regulations constituting such violation would not cause or constitute a substantial risk of personal injury to the public, and (2) that at the time of said order or authorization he advised the Secretary in writing of his action under this proviso.

(b) Violation of any other provision of this chapter or regulations issued thereunder.

In addition to any other penalty prescribed by law any person who violates any other provision of this chapter or the regulations issued thereunder shall be liable to a civil penalty of not more than $500 for each violation. If the violation involves the use of a vessel, the vessel, except as exempted by section 1453 (c) of this title, shall be liable and may be proceeded against in the district court of any district in which the vessel may be found.

(c) Discretionary powers of Secretary.

The Secretary may assess and collect any civil penalty incurred under this chapter and, in his discretion, remit, mitigate, or compromise any penalty prior to referral to the Attorney General. Subject to approval by the Attorney General, the Secretary may engage in any proceeding in court for that purpose, including a proceeding under subsection (d) of this section. In determining the amount of any penalty to be assessed hereunder, or the amount agreed upon in any compromise, consideration shall be given to the appropriateness of such penalty in light of the size of the business of the person charged, the gravity of the violation and the extent to which the person charged has complied with the provisions of section 1464 of this title or has otherwise attempted to remedy the consequences of the said violation.

(d) Collection referral.

When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter for collection of the penalty directly to the Federal magistrate of the jurisdiction wherein the person liable may be found for collection procedures under supervision of the district court and pursuant to order issued by the court delegating such authority under section 636(b) of Title 28. (Pub. L. 92-75, § 35, Aug. 10, 1971, 85 Stat. 226.)

SAVINGS PROVISIONS

Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended, section 526 et seq. of this title, or the Federal Boating Act of 1958, as amended, former section 527 et seq. of this title, for a violation which occurred before Aug. 10, 1971, to be initiated and continue to conclusion as though the former Acts had not been amended or repealed by Pub. L. 92-75, Aug. 10, 1971, 85 Stat. 213, see section 41(f) of Pub. L. 92-75, set out as a note under section 1483 of this title.

§ 1485. Injunctive proceedings.

The United States district courts shall have jurisdiction to restrain violations of this chapter, or to restrain the sale, offer for sale, or the introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of any boat or associated equipment which is determined not to conform to Federal boat safety standards, upon petition by the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom

an action for injunctive relief is contemplated and afford him an opportunity to present his views, and except in the case of knowing and willful violation, shall afford him a reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity does not preclude the granting of appropriate relief. (Pub. L. 92-75, § 36, Aug. 10, 1971, 85 Stat. 227.)

§ 1486. Casualty reporting systems. (a) Promulgation by Secretary.

The Secretary shall prescribe a uniform vessel casualty reporting system for vessels subject to this chapter, including those otherwise exempted by paragraphs (1), (3), and (4) of section 1453 (c) of this title.

(b) State reports to Secretary.

A State vessel numbering system and boating safety program approved under this chapter shall provide for the reporting of casualties and accidents involving vessels. A State shall compile and transmit to the Secretary reports, information, and statistics on casualties and accidents reported to it. (c) Fatal casualties; casualties in the order of gravity. A vessel casualty reporting system shall provide for the reporting of all marine casualties involving vessels indicated in subsection (a) of this section and resulting in the death of any person. Marine casualties which do not result in loss of life shall be classified according to the gravity thereof, giving consideration to the extent of the injuries to persons, the extent of property damage, the dangers which casualties create, and the size, occupation or use, and the means of propulsion of the boat involved. Regulations shall prescribe the casualties to be reported and the manner of reporting.

(d) Reporting of casualties.

The owner or operator of a boat or vessel indicated in subsection (a) of this section and involved in a casualty or accident shall report the casualty or accident to the Secretary in accordance with regulations prescribed under this section unless he is required to report to a State under a State system approved under this chapter.

(e) Publication of reports and recommendations.

The Secretary shall collect, analyze, and publish reports, information, or statistics together with such findings and recommendations as he considers appropriate. If a State accident reporting system provides that information derived from accident reports, other than statistical, shall be unavailable for public disclosure, or otherwise prohibits use by the State or any person in any action or proceeding against an individual, the Secretary may utilize the information or material furnished by a State only in like manner. (Pub. L. 92-75, § 37, Aug. 10, 1971, 85 Stat. 227.)

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

§ 1487. Authorization of appropriations.

There is authorized to be appropriated amounts as may be necessary to administer the provisions of this

chapter. (Pub. L. 92-75, § 38, Aug. 10, 1971, 85 Stat. 227.)

§ 1488. Rules and regulations.

The Secretary may issue regulations necessary or appropriate to carry out the purposes of this chapter. (Pub. L. 92-75, § 39, Aug. 10, 1971, 85 Stat. 228.)

§ 1489. Savings provision. Compliance with this chapter or standards, regulations, or orders promulgated hereunder shall not relieve any person from liability at common law or under State law. (Pub. L. 92-75, § 40, Aug. 10, 1971, 85 Stat. 228.)