
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: 46USC4310]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4310. Repair and replacement of defects

    (a) In this section, ``associated equipment'' includes only items or 
classes of associated equipment that the Secretary shall prescribe by 
regulation after deciding that the application of the requirements of 
this section to those items or classes of associated equipment is 
reasonable and in furtherance of this chapter.
    (b) If a recreational vessel or associated equipment has left the 
place of manufacture and the recreational vessel manufacturer discovers 
or acquires information that the manufacturer decides, in the exercise 
of reasonable and prudent judgment, indicates that a recreational vessel 
or associated equipment subject to an applicable regulation prescribed 
under section 4302 of this title either fails to comply with the 
regulation, or contains a defect that creates a substantial risk of 
personal injury to the public, the manufacturer shall provide 
notification of the defect or failure of compliance as provided by 
subsections (c) and (d) of this section within a reasonable time after 
the manufacturer has discovered the defect.
    (c)(1) The notification required by subsection (b) of this section 
shall be given to the following persons in the following manner:
        (A) by certified mail to the first purchaser for other than 
    resale, except that the requirement for notification of the first 
    purchaser shall be satisfied if the recreational vessel manufacturer 
    exercises reasonable diligence in establishing and maintaining a 
    list of those purchasers and their current addresses, and sends the 
    required notice to each person on that list at the address appearing 
    on the list.
        (B) by certified mail to subsequent purchasers if known to the 
    manufacturer.
        (C) by certified mail or other more expeditious means to the 
    dealers and distributors of the recreational vessels or associated 
    equipment.

    (2) The notification required by subsection (b) of this section is 
required to be given only for a defect or failure of compliance 
discovered by the recreational vessel manufacturer within a reasonable 
time after the manufacturer has discovered the defect or failure, except 
that the manufacturer's duty of notification under paragraph (1)(A) and 
(B) of this subsection applies only to a defect or failure of compliance 
discovered by the manufacturer within one of the following appropriate 
periods:
        (A) if a recreational vessel or associated equipment required by 
    regulation to have a date of certification affixed, 5 years from the 
    date of certification.
        (B) if a recreational vessel or associated equipment not 
    required by regulation to have a date of certification affixed, 5 
    years from the date of manufacture.

    (d) The notification required by subsection (b) of this section 
shall contain a clear description of the defect or failure to comply, an 
evaluation of the hazard reasonably related to the defect or failure, a 
statement of the measures to correct the defect or failure, and an 
undertaking by the recreational vessel manufacturer to take those 
measures only at the manufacturer's cost and expense.
    (e) Each recreational vessel manufacturer shall provide the 
Secretary with a copy of all notices, bulletins, and other 
communications to dealers and distributors of that manufacturer, and to 
purchasers of recreational vessels or associated equipment of that 
manufacturer, about a defect related to safety in the recreational 
vessels or associated equipment, and any failure to comply with the 
regulation or order applicable to the recreational vessels or associated 
equipment. The Secretary may publish or otherwise disclose to the public 
information in the notices or other information the Secretary has that 
the Secretary considers will assist in carrying out this chapter. 
However, the Secretary may disclose any information that contains or 
relates to a trade secret only if the Secretary decides that the 
information is necessary to carry out this chapter.
    (f) If, through testing, inspection, investigation, or examination 
of reports, the Secretary decides that a recreational vessel or 
associated equipment to which this chapter applies contains a defect 
related to safety or fails to comply with an applicable regulation 
prescribed under this chapter and notification under this chapter is 
appropriate, the Secretary shall notify the recreational vessel 
manufacturer of the defect or failure. The notice shall contain the 
findings of the Secretary and shall include a synopsis of the 
information on which they are based. The manufacturer may then provide 
the notification required by this chapter to the persons designated in 
this chapter or dispute the Secretary's decision. If disputed, the 
Secretary shall provide the manufacturer with an opportunity to present 
views and establish that there is no such defect or failure. When the 
Secretary considers it to be in the public interest, the Secretary may 
publish notice of the proceeding in the Federal Register and provide 
interested persons, including the National Boating Safety Advisory 
Council, with an opportunity to comment. If, after presentation by the 
manufacturer, the Secretary decides that the recreational vessel or 
associated equipment contains a defect related to safety or fails to 
comply with an applicable regulation, the Secretary may direct the 
manufacturer to provide the notifications specified in this chapter.
    (g) The Secretary may prescribe regulations to carry out this 
section, including the establishment of procedures that require dealers 
and distributors to assist manufacturers in obtaining information 
required by this section. A regulation prescribed under this subsection 
does not relieve a manufacturer of any obligation imposed by this 
section.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
4310..............................  46:1464
------------------------------------------------------------------------

    Section 4310 imposes certain requirements on a recreational vessel 
and associated equipment manufacturer to provide notification of a 
defect or the failure of compliance after a manufacturer discovers the 
defect or failure. This section spells out the procedure for 
notification and who shall be notified. It assures the public of 
notification while protecting the manufacturer from the potential of 
damaging and inaccurate disclosures.
