ward along the seaward shoreline to the beginning. (n) Coquille River Bar, Oreg. From a point on the shoreline at 43°08′25′′ N., 124°25'04" W. thence southwestward to 43°07′50′′ N., 124°27′05′′ W. thence southwestward to 43°07'03" N., 124°28′25′′ W. thence eastward to a point on the shoreline at 43°06′00′′ N., 124°25′55′′ W. thence northward along the shoreline and eastward along the south shoreline of the channel entrance to 43°07′17′′ N., 124°25′00′′ W. thence northward to the east end of the north jetty at 43°07'24" N., 124°24′59′′ W. thence westward along the north shoreline of the entrance channel and northward along the seaward shoreline to the beginning. (0) Rogue River Bar, Oreg. From a point on the shoreline at 42°26′25′′ N., 124°26′03′′ W. thence westward to 42°26′10′′ N., 124°27'05" W. thence southward to 42°24′15′′ N., 124°27'05" W. thence eastward to a point on the shoreline at 42°24′15′′ N., 124°25′30′′ W. thence northward along the shoreline and eastward along the south shoreline of the entrance channel to the highway bridge thence northward across the inner harbor jetty to a point on the north shoreline of the entrance channel at the highway bridge thence westward along the north shoreline of the entrance channel thence northward along the seaward shoreline to the beginning. (p) Chetco River Bar, Oreg. From a point on the shoreline at 42°02′35′′ N., 124°17′20′′ W. thence southeastward to 42°01′45′′ N., 124°16'30" W. thence northwestward to a point on the shoreline at 42°02′10′′ N., 124°15′35′′ W. thence northwestward along the shoreline thence northward along the east shoreline of the channel entrance to 42°02′47′′ N., 124°16'03" W. thence northward along the west face of the inner jetty and east shoreline of the channel entrance to the highway bridge thence westward to the west shoreline of the channel at the highway bridge thence southward along the west shoreline of the channel thence westward along the seaward shoreline to the beginning. [CGD 73-41R, 39 FR 2583, Jan. 23, 1974, as amended by CGD 86-082, 52 FR 33812, Sept. 8, 1987] § 177.09 Penalties. An operator of a boat who does not follow the directions of a Coast Guard Boarding Officer prescribed in § 177.05 is, in addition to any other penalty prescribed by law, subject to: (a) The criminal penalties of section 34 of the Federal Boat Safety Act of 1971 which provides that "Any person who willfully violates section 12(c) of this Act or the regulations issued thereunder shall be fined not more than $1,000 for each violation or imprisoned not more than 1 year, or both," and (b) The civil penalties of subsection 35(b) of the Federal Boat Safety Act of 1971 which provides “In addition to any other penalty prescribed by law any person who violates any other provision of this Act 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 subsection 4(c) of this Act, shall be liable and may be proceeded against in the district court of any district in which the vessel may be found." (a) "Act" means the Federal Boat Safety Act of 1971. (b) "Manufacturer" person engaged in: means any (1) The manufacture, construction, or assembly of boats or associated equipment; or (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or (3) The importation into the United States for sale of boats, associated equipment, or components thereof. (c) "Boat" means any vessel: (1) Manufactured or used primarily for noncommercial use; or (2) Leased, rented, or chartered to another for the latter's noncommercial use; or (3) Engaged in the carrying of six or fewer passengers. (d) "Associated equipment" means an: (1) Inboard engine, (2) Outboard engine, or (3) Stern drive unit as shipped, transferred, or sold from the place of manufacture and includes all attached parts and accessories. § 179.05 Manufacturer discovered defects. Each manufacturer who is required to furnish a notice of a defect or failure to comply with a standard prescribed pursuant to section 5 of the Act by section 15(a) of the Act shall furnish that notice within 30 days after he discovers or acquires information of the defect or failure to comply. § 179.07 Notice given by "more expeditious means." Each manufacturer who gives the notice required by section 15 of the Act by more expeditious means than certified mail must give such notice in writing. § 179.09 Contents of notification. Each notice required by section 15(a) of the Act must include the following additional information: (a) The name and address of the manufacturer. (b) Identifying classifications including the make, model year, if appropri ate, the inclusive dates (month and year) of the manufacture, or serial numbers and any other data necessary to describe the boats or associated equipment that may be affected. § 179.11 Defects determined by the Commandant. A manufacturer who is informed by the Commandant under section 15(e) of the Act that a boat or associated equipment contains a defect relating to safety or failure to comply with a standard prescribed pursuant to section 5 of the Act shall, within 30 days of receipt of the information: (a) Furnish the notification described in section 15(c) of the Act to the persons designated in section 15(b) of the Act, or (b) Present his views to the Commandant by certified mail to establish that there is no defect relating to safety or failure of compliance. § 179.13 Initial report to the Commandant. (a) When a manufacturer gives a notification required by section 15 of the Act, he shall concurrently send to the Commandant by certified mail— (1) A true or representative copy of each notice, bulletin, and other communication that he has given to the persons required to be notified under section 15(b) of the Act; (2) The total number of boats or associated equipment potentially affected by the defect or failure to comply with a standard prescribed pursuant to section 5 of the Act; and (3) If discovered or determined by the manufacturer, a chronology of all principal events upon which the determination is based. (b) A manufacturer may submit an item required by paragraph (a) of this section that is not available at the time of submission to the Commandant when it becomes available if the manufacturer explains why it was not submitted within the time required and estimates when it will become available. § 179.15 Follow-up report. (a) Each manufacturer who makes an initial report required by § 179.13 shall submit a follow-up report to the Commandant by certified mail within 60 days after the initial report. The follow-up report must contain at least the following information: (1) A positive identification of the initial report; (2) The number of units in which the defect was discovered as of the date of the follow-up report; (3) The number of units in which corrective action has been completed as of the date of the follow-up report; (4) The number of first purchasers not notified because of an out-of-date name or address, or both; and (5) An updating of the information required by § 179.13. (b) Each manufacturer shall submit any additional follow-up reports requested by the Commandant. (a) Each manufacturer who fails to furnish a notification as required by section 15(a) of the Act or fails to exercise reasonable diligence in fulfilling the undertaking given pursuant to section 15(c) of the Act is subject to the penalties prescribed by section 35(a) of the Act. (b) Each manufacturer who fails to comply with any other provision of section 15 of the Act or the regulations in this part is subject to the penalties prescribed by section 35(b) of the Act. Subparts D-F-[Reserved] Subpart G-Instruction Pamphlet for Personal 181.701 181.703 PFD information pamphlet; manufacturer requirements. 181.705 PFD information pamphlet; contents. AUTHORITY: 46 U.S.C. 4302; 49 CFR 1.46. SOURCE: CGD 72-60, 37 FR 15779, Aug. 4, 1972, unless otherwise noted. Subpart A-General § 181.1 Purpose and applicability. This part prescribes requirements for the certification of boats and associated equipment and identification of boats to which 46 U.S.C. Chapter 43 applies. [CGD 85-002, 51 FR 37573, Oct. 23, 1986] § 181.3 Definitions. As used in this part: (a) "Manufacturer" person engaged in: means any (1) The manufacture, construction, or assembly of boats or associated equipment; or (2) The importation into the United States for sale of boats, associated equipment, or components thereof. (b) "Boat" means any vessel manufactured or used primarily for noncommercial use; leased, or rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers. (c) "Associated equipment" means: (1) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, improvement of system, part, or component; or such (2) Any accessory or equipment for, or appurtenance to, a boat; and (3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat; but (4) Excluding radio equipment. (d) "Date of certification" means the date on which a boat or item of associated equipment is certified to comply with all applicable U.S. Coast Guard safety standards in effect on that date. (e) "Date of manufacture" means the month and year during which construction or assembly of a boat or item of associated equipment begins. (f) "Model year" means the period beginning August 1 of any year and ending on July 31 of the following year. Each model year is designated by the year in which it ends. (g) "Private label merchandiser" means any person engaged in the business of selling or distributing, under his own trade name, boats, or items of associated equipment manufactured by another. Subpart B-Manufacturer § 181.5 Purpose and applicability. This subpart prescribes requirements for the certification of boats and associated equipment to which 46 U.S.C. Chapter 43 applies and to which a safety standard prescribed in Part 183 of this chapter applies. [CGD 85-002, 51 FR 37573, Oct. 23, 1986] § 181.7 Compliance certification label required. Unless there is affixed to it a certification label that contains the information required by § 181.15: (a) No person who manufactures, constructs, or assembles a boat or associated equipment may deliver that boat or equipment for the purpose of sale; (b) No person may import into the United States any boat or associated equipment; and (c) No person engaged in the business of selling or distributing boats or associated equipment may sell or offer for sale any boat or associated equipment. 2 (c) This subpart does not apply to any outboard motor or starting control to which § 183.710 of this chapter applies. [CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 79-137, 46 FR 3515, Jan. 15, 1981; 46 FR 9579, Jan. 29, 1981] § 181.13 Removal of labels. No person may remove a label required by this part or remove or alter any information on a label required by this part, unless authorized by the Commandant. § 181.15 Contents of labels. (a) Each label required by § 181.7 must contain: (1) The name and address of the manufacturer or private label merchandiser who certifies that the boat or item of associated equipment complies with the standards prescribed in Part 183 of this subchapter; and (2) Except as provided in paragraph (c) of this section, the words: (i) "This (insert 'Boat' or 'Equipment') Complies With U.S. Coast Guard Safety Standards In Effect On (insert date of certification as prescribed in paragraph (b) of this section)"; or (ii) If the item being certified is a boat or boat hull, the label may show the words, "This Boat Complies With U.S. Coast Guard Safety Standards In Effect On The Date of Certification." (b) Date of certification must be no earlier than the date on which construction or assembly began and no later than the date on which the boat or item of associated equipment leaves the place of manufacture or assembly or import for the purposes of sale. (c) [Reserved] (d) Except as provided in paragraph (e) of this section, the manufacturer may, in addition to the information required by paragraphs (a) and (b) of this section, display on the certification label any or all of the following information: (1) Model name or designation. (2) Hull identification number (if a boat) or serial number (if an item of associated equipment). not satisfy the display requirements of § 181.29. (f) Each boat which displays a maximum horsepower capacity determined in accordance with § 183.53(b) must, in addition to the information required by paragraphs (a), (b) and (d) of this section, display on the certification label, the following statement in letters no less than one-quarter of an inch in height: "THIS BOAT IS INTENDED FOR RACING AND OTHER HIGH PERFORMANCE ACTIVITIES. THE SKILL REQUIRED MAY EXCEED THE ABILITIES OF SOME OPERATORS." [CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 83-012, 49 FR 39327, Oct. 5, 1984; CGD 85-002, 51 FR 37573, Oct. 23, 1986] § 181.17 Label numbers and letters. Letters and numbers on each label must: (a) Be no less than one-eighth of an inch in height; and (b) Contrast with the basic color of the label, except that the date of certification may be permanently stamped, engraved, or embossed on the label. § 181.19 Construction of labels. (a) Each label must be made of material that can withstand exposure to water, oil, salt spray, direct sunlight, heat, cold, and wear expected in normal use of the boat or item of associated equipment without deterioration of legibility. (b) Each label must be made of material that shows visible traces of the alteration or removal of information on the label. Subpart C-Identification of Boats SOURCE: CGD 79-013, 48 FR 40718, Sept. 9, 1983, unless otherwise noted. § 181.21 Purpose, applicability and effective dates. (a) This subpart prescribes the requirements for identification of boats to which section 4 of the Federal Boat Safety Act of 1971 applies. (b) These amendments are effective on August 1, 1984, however, a manu |