Public Law 92-75 92nd Congress, H. R. 19 August 10, 1971 An Act To provide for a coordinated national boating safety program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Boat be cited as the "Federal Boat Safety Act of 1971". DECLARATION OF POLICY AND PURPOSE Safety Act of 1971. SEC. 2. It is hereby declared to be the policy of Congress and the 85 STAT. 213 purpose of this Act to improve boating safety and to foster greater 85 STAT. 214 development, use, and enjoyment of all the waters of the United States by encouraging and assisting participation by the several States, the boating industry, and the boating public in development of more comprehensive boating safety programs; by authorizing the establishment of national construction and performance standards for boats and associated equipment; and by creating more flexible regulatory authority concerning the use of boats and equipment. It is further declared to be the policy of Congress to encourage greater and continuing uniformity of boating laws and regulations as among the several States and the Federal Government, a higher degree of reciprocity and comity among the several jurisdictions, and closer cooperation and assistance between the Federal Government and the several States in developing, administering, and enforcing Federal and State laws and regulations pertaining to boating safety. DEFINITIONS SEC. 3. As used in this Act, and unless the context otherwise requires (1) "Boat" means any vessel or (A) manufactured or used primarily for noncommercial use; (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 to have 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. 85 STAT. 214 85 STAT. 215 (7) “Manufacturer" means any person engaged in— (A) the manufacture, 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, part, 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 by a person 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 States, 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. APPLICABILITY SEC. 4. (a) This Act 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 5 through 11 and subsections 12(a) and 12(b) of this Act are applicable also to boats moving or intended to be moved in interstate commerce. (c) This Act, 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. BOAT AND ASSOCIATED EQUIPMENT STANDARDS AND USE SAFETY REGULATIONS AND STANDARDS SEC. 5. (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 Act; and prohibiting the installation, carrying, or using of associated equip ment 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. PRESCRIBING REGULATIONS AND STANDARDS SEC. 6. In establishing a need for formulating and prescribing regulations and standards under section 5 of this Act, 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 relevant 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 33 of this Act regarding all of the foregoing considerations. DISPLAY OF LABELS EVIDENCING COMPLIANCE SEC. 7. 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. DELEGATION OF INSPECTION FUNCTION SEC. 8. 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 5 and 6 of this Act. 85 STAT. 216 85 STAT. 217 EXEMPTIONS SEC. 9. The Secretary may, if he considers that boating safety will not be adversely affected, issue exemptions from any provision of this Act or regulations and standards established thereunder, on terms and conditions as he considers appropriate. FEDERAL PREEMPTION SEC. 10. Unless permitted by the Secretary under section 9 of this Act, 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 5 of this Act. ADMISSION OF NONCONFORMING FOREIGN-MADE BOATS SEC. 11. The Secretary of the Treasury and the Secretary may, by joint regulations, authorize the importation 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. PROHIBITED ACTS SEC. 12. (a) 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 Act, 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 15(a) or exercise reasonable diligence in fulfilling the undertaking given pursuant to section 15 (c) of this Act. (b) 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) No person may use a vessel in violation of this Act or regulations issued thereunder. (d) No person may use a vessel, including one otherwise exempted by section (c) of this Act, 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 Act, to the criminal penalties prescribed in section 34. (e) 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) Section 12(e) of this Act 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 6 hereof, 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 section 12(e) of this Act for persons in control of vessels carrying passengers for hire. TERMINATION OF UNSAFE USE SEC. 13. 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. INSPECTION, INVESTIGATION, REPORTING SEC. 14. (a) Every manufacturer subject to the provisions of this Act 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 Act 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 Act 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 85 STAT. 218 referred to in section 1905 of title 18 of the United States Code, or 62 Stat. 791. 552(b) of title 5, United States Code, shall be considered confidential 81 Stat. 55. 76-416 0 - 81 - 6 |