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Chapter 33.-Coordinated National Boating Safety Program1

Sec.

1451. Declaration of policy and purpose.

1452.

1453.

1454.

1455.

1456.

1457.

1458.

1459.

1460.

1461.

1462. 1463.

Definitions.

Applicability of chapter.

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

Prescribing regulations and standards.

Display of labels evidencing compliance.

Delegation of examination, inspection, and testing functions.

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(a) Manufacture, importation or sale of nonconforming boats or equipment, except for exportation; false certification of compliance with standards; failure to give defect notification or remedy defect.

(b) Applicability of penalties.

(c) Use of vessel in violation of regulations.

(d) Negligent use of vessel.

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

(f) Applicability of licensed operator requirement.

Termination of unsafe use.

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

1464. Repair or replacement of defects.

1465.

1466.

1467.

(a) Notification by manufacturer.

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

(c) Contents of notification.

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

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

(f) "Associated equipment".

(g) Rule making powers of the Secretary.

Rendering of assistance in casualties; liability exemption.

Vessels requiring numbering.

Standard numbering system.

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

(b) Limitations on prior numbering systems of a State.

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

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

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

(f) Withdrawal of approval of State numbering system.

1468. Exemption from numbering provisions.

1469.

1470.

1471.

1472.

1473.

1474.

Description an possession of certificate of number; transfer of interest in vessel; notice of change of address.

Display of number.

Safety certificates.

Promulgation of regulations dealing with numbering and casualty re-
porting.

Furnishing of vessel numbering and registration information.
Establishment and acceptance of State boating safety programs.

1 The provisions of this chapter do not apply to any vessel to the extent that that vessel is subject to the inspection laws.

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1478.

1479.

1480.

1481.

1482.

1483. 1484.

(a) Limitations

(b) Unobligated funds

(c) Unallocated funds.

Determination of State funds expended for boating safety program.
Authorization of appropriation for State boating safety programs.
Payments of amounts allocated to the States.

(a) Method.

(b) Scheduling of payments.

(c) Termination upon failure to comply.
(d) Records, availability for audit.

Consultation and cooperation.

Boating Safety Advisory Council.

(a) Establishment; membership.
(b) Consultation with Secretary.
(c) Compensation.

Criminal penalties.

Civil penalties.

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

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

(c) Discretionary powers of Secretary.

(d) Collection referral.

Injunction proceedings.

1485.

1486.

Casualty reporting systems.

1487.

1488.

1489.

(a) Promulgation by Secretary.

(b) State reports to Secretary.

(c) Fatal casulaties; casualties in the order of gravity.
(d) Reporting of casualties.

(e) Publication of reports and recommendations.
Authorization of appropriations.

Rules and regulations.

Savings provision.

46 § 1451. Declaration of policy and purpose

It is hereby declared to be the policy of Congress and the purpose of this chapter to improve boating safety and to foster greater 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.

46 1452. Definitions

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

or

(1) "Boat" means any vessel

(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.

(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.

46 § 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.

46 § 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.

46 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 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 1482 of this title regarding all of the foregoing considerations.

46 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.

46 § 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.

46 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.

46 § 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

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