1625-0071 Stat/Auth

1625-0071
TITLE 46, U.S. CODE
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 first class mail or 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 first class mail or by certified mail to subsequent purchasers if known to the
manufacturer.
(C) by first class mail or 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, 10 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, 10 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

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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.

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