1 § 1453 TITLE 46-SHIPPING water, used or capable of being used as a (3) "Undocumented vessel" means a vessel (4) "Use" means operate, navigate, employ. or (5) "Passenger" means every person carried on board a vessel other than (A) the owner or his representative; (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 appurtanance 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) "United States" and "State" include the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, and any other territory or possession over which the United States has jurisdiction. (11) “Eligible State" means a State that has a State recreational boating safety and facilities improvement program that has been accepted by the Secretary. a (12) "State recreational boating safety and facilities improvement program" means State recreational boating safety program, or a State recreational boating facilities improvement program, or both. (13) "State recreational boating safety program" means education, assistance, and en forcement activities conducted for the purpose of boating accident or casualty preven tion, reduction, and reporting. (14) "State recreational boating facilities improvement program” means programs to develop or improve public facilities that create, or add to, public access to the waters of the United States to improve their suitability for recreational boating purposes, including such ancillary facilities as are necessary to insure the safe use of those facilities. Such term shall include acquisition of title, or any interest in, riparian or submerged land, and the capital improvement of riparian or submerged land for the purpose of increasing public access to the waters of the United States. (15) "Fund" means the National Recreational Boating Safety and Facilities Improvement Fund established by section 1479a of this title. (Pub. L. 92-75, § 3, Aug. 10, 1971, 85 Stat. 214; Pub. L. 96-451, title I, § 102(2), Oct. 14, 1980, 94 Stat. 1983.) REFERENCES IN TEXT Section 1479a of this title, referred to in par. (15), in the original was title II of this Act, meaning title II (§§ 201-204) of Pub. L. 96-451, Oct. 14, 1980, 94 Stat. 1987, known as the Recreational Boating Fund Act of 1980, which enacted section 1479a of this title, enacted provisions set out as notes under section 120 of Title 23, Highways, and section 4041 of Title 26, Internal Revenue Code, and amended a provision set out as a note under section 120 of Title 23. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 1451 of this title and Tables. AMENDMENTS 1980-Par. (10). Pub. L. 96-451, § 102(2)(a), provided for definition of "United States" and included the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, and any other territory or possession subject to jurisdiction of the United States. Par. (11). Pub. L. 96-451, § 102(2)(a), extended term "eligible State" to include one that has a State recreational boating safety and facilities improvement program. Pars. (12) to (15). Pub. L. 96-451, § 102(2)(b), added pars. (12) to (15). TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of all other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. 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. (d) Until such time as there is a final judicial determination that they are navigable waters of the United States, the following waters lying entirely within the State of New Hampshire, to wit: Lake Winnisquam, Lake Winnipesaukee, portions of the Merrimack River, and their tributary and connecting waters, are declared not to be waters subject to the jurisdiction of the United States, within the meaning of this section. (Pub. L. 92-75, § 4, Aug. 10, 1971, 85 Stat. 215; Pub. L. 94-531, § 1(1), Oct. 17, 1976, 90 Stat. 2489.) AMENDMENTS 1976-Subsec. (d). Pub. L. 94-531 added subsec. (d). 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 twenty-four 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; Pub. L. 94-531, § 1(2), Oct. 17, 1976, 90 Stat. 2489.) AMENDMENTS 1976-Subsec. (b)(1). Pub. L. 94-531 substituted "twenty-four" for "eighteen" months. 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 [see Short Title note set out under section 1451 of this title] 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 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. (Pub. L. 92-75, § 6, Aug. 10, 1971, 85 Stat. 216.) TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the two-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the twoyear period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. 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; research and testing, procurement of boats and other necessary equipment and sale thereof (a) 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. (b) The Secretary may conduct research, testing, and development as necessary to carry out the purposes of this chapter, including the procurement (by negotiation or otherwise) of experimental and other boats or associated equipment for research and testing purposes, and the subsequent sale thereof. (Pub. L. 92-75, § 8, Aug. 10, 1971, 85 Stat. 216; Pub. L. 94-531, § 1(3), Oct. 17, 1976, 90 Stat. 2489.) AMENDMENTS 1976-Pub. L. 94-531 designated existing provisions as subsec. (a) and added subsec. (b). 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 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. (Pub. L. 92-75, § 11, Aug. 10, 1971, 85 Stat. 217.) (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 requir ing 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 sec 11-617 VOL. 18 0-84-30 § 1464 tion 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; time limitation 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: Provided, That the manufacturer's duty of notification under subsection (b)(1) and subsection (b)(2) of this section applies only to defects or failures of compliance discovered by the manufacturer within one of the following periods, as appropriate: (1) in the case of a boat or associated equipment required by regulation to have a date of certification affixed, five years from date of certification, or (2) in the case of a boat or associated equipment not required by regulation to have a date of certification affixed, five years from date of manufacture. (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 expenditious 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 1 'So in original. Probably should be "contains". 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 deter mines 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. If the manufacturer receives notice from the Secretary within the time in which he would be required to make notification under subsection (a) of this section, 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 manufac turer 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” defined For purposes of this section, the term "associ ated 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, including, but not limited to, procedures to be followed by dealers and distributors to assist manufacturers in obtaining the information required by this section: Provided, That a regulation promulgated hereunder may |