
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4302]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4302. Regulations

    (a) The Secretary may prescribe regulations--
        (1) establishing minimum safety standards for recreational 
    vessels and associated equipment, and establishing procedures and 
    tests required to measure conformance with those standards, with 
    each standard--
            (A) meeting the need for recreational vessel safety; and
            (B) being stated, insofar as practicable, in terms of 
        performance;

        (2) requiring the installation, carrying, or use of associated 
    equipment (including fuel systems, ventilation systems, electrical 
    systems, sound-producing devices, firefighting equipment, lifesaving 
    devices, signaling devices, ground tackle, life- and grab-rails, and 
    navigational equipment) on recreational vessels and classes of 
    recreational vessels subject to this chapter, and prohibiting the 
    installation, carrying, or use of associated equipment that does not 
    conform with safety standards established under this section; and
        (3) requiring or permitting the display of seals, labels, 
    plates, insignia, or other devices for certifying or evidencing 
    compliance with safety regulations and standards of the United 
    States Government for recreational vessels and associated equipment.

    (b) Each regulation prescribed under this section shall specify an 
effective date that is not earlier than 180 days from the date the 
regulation was published, unless the Secretary finds that there exists a 
recreational vessel safety hazard so critical as to require an earlier 
effective date. However, this period may not be more than 24 months for 
cases involving, in the discretion of the Secretary, major product 
design, retooling, or major changes in the manufacturing process.
    (c) In prescribing regulations under this section, the Secretary 
shall, among other things--
        (1) consider the need for and the extent to which the 
    regulations will contribute to recreational vessel safety;
        (2) consider relevant available recreational vessel safety 
    standards, statistics, and data, including public and private 
    research, development, testing, and evaluation;
        (3) not compel substantial alteration of a recreational vessel 
    or item of associated equipment that is in existence, or the 
    construction or manufacture of which is begun 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
        (4) consult with the National Boating Safety Advisory Council 
    established under section 13110 of this title about the 
    considerations referred to in clauses (1)-(3) of this subsection.

    (d) Section 8903 of this title does not apply to a vessel being 
operated for bona fide dealer demonstrations provided without fee to 
business invitees. However, if on the basis of substantial evidence, the 
Secretary decides under this section that requiring vessels so operated 
to be under the control of licensed individuals is necessary for boating 
safety, then the Secretary may prescribe regulations requiring the 
licensing of individuals controlling these vessels in the same manner as 
provided in chapter 89 of this title for individuals in control of 
vessels carrying passengers for hire.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 530.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
4302..............................  46:1454
                                    46:1455
                                    46:1456
                                    46:1464(g)
                                    46:1488
------------------------------------------------------------------------

    Section 4302 authorizes the Secretary to prescribe regulations to 
carry out the provisions of this chapter. In lieu of establishing 
specific statutory safety requirements, subsection (a) provides flexible 
regulatory authority to establish uniform standards for the design, 
construction, materials, and performance of the boats themselves and all 
associated equipment. It also provides for the display of seals and 
other devices for certifying or evidencing compliance with applicable 
safety regulations or standards.
    Section 4302(b) requires a regulation prescribed under this section 
to have an effective date that is not earlier than 180 days from 
publication. However, in those instances where a safety hazard may be 
critical an earlier effective date is authorized.
    Section 4302(c) requires the Secretary to consider certain 
objectives in developing regulatory controls and regulations or 
standards and that there must be an effective consultation process.
    Section 4302(d) exempts dealer demonstration boats from the 
requirement of having to be named by a licensed individual when 
demonstrating boats to prospective purchasers or other business invitees 
when no fees are charged. The Secretary may require that boats so used 
be under control of a licensed individual.


         Availability and Use of EPIRBs for Recreational Vessels

    Pub. L. 105-383, title III, Sec. 309, Nov. 13, 1998, 112 Stat. 3422, 
provided that: ``The Secretary of Transportation, through the Coast 
Guard and in consultation with the National Transportation Safety Board 
and recreational boating organizations, shall, within 24 months of the 
date of the enactment of this Act [Nov. 13, 1998], assess and report to 
Congress on the use of emergency position indicating beacons (EPIRBs) 
and similar devices by operators of recreational vessels on the 
Intracoastal Waterway and operators of recreational vessels beyond the 
Boundary Line. The assessment shall at a minimum--
        ``(1) evaluate the current availability and use of EPIRBs and 
    similar devices by the operators of recreational vessels and the 
    actual and potential contribution of such devices to recreational 
    boating safety; and
        ``(2) provide recommendations on policies and programs to 
    encourage the availability and use of EPIRBS [sic] and similar 
    devices by the operators of recreational vessels.''

                  Section Referred to in Other Sections

    This section is referred to in sections 4303, 4306, 4310, 8905, 
13110 of this title.
