StatA

Page 81

§ 4309

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section
4305 ..............................................

Source section (U.S. Code)
46:1458

Section 4305 permits the Secretary to grant appropriate exemptions from the requirements of this chapter when recreational vessel safety will not be adversely affected.

§ 4306. Federal preemption
Unless permitted by the Secretary under section 4305 of this title, a State or political subdivision of a State may not establish, continue
in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or
imposing a requirement for associated equipment (except insofar as the State or political
subdivision may, in the absence of the Secretary’s disapproval, regulate the carrying or
use of marine safety articles to meet uniquely
hazardous conditions or circumstances within
the State) that is not identical to a regulation
prescribed under section 4302 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)
HISTORICAL AND REVISION NOTES
Revised section
4306 ..............................................

Source section (U.S. Code)
46:1459
46:1460

Section 4306 establishes the Federal preemption of
recreational boating standards and requirements. A
State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical
to a Federal standard. The Secretary may grant an exemption to a State when the State requirement is one
that is needed to meet uniquely hazardous conditions
or circumstances within a State. This is to provide uniform standards without the imposition of excessive special requirements by individual States.

§ 4307. Prohibited acts
(a) A person may not—
(1) manufacture, construct, assemble, sell or
offer for sale, introduce or deliver for introduction into interstate commerce, or import
into the United States, a recreational vessel,
associated equipment, or component of the
vessel or equipment unless—
(A)(i) it conforms with this chapter or a
regulation prescribed under this chapter;
and
(ii) it does not contain a defect which has
been identified, in any communication to
such person by the Secretary or the manufacturer of that vessel, equipment or component, as creating a substantial risk of personal injury to the public; or
(B) it is intended only for export and is so
labeled, tagged, or marked on the recreational vessel or equipment, including any
markings on the outside of the container in
which it is to be exported;
(2) affix, attach, or display a seal, document,
label, plate, insignia, or other device indicating or suggesting compliance with standards
of the United States Government on, in, or in
connection with, a recreational vessel or item

of associated equipment that is false or misleading; or
(3) fail to provide a notification as required
by this chapter or fail to exercise reasonable
diligence in carrying out the notification and
reporting requirements of this chapter.
(b) A person may not operate a vessel in violation of this chapter or a regulation prescribed
under this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531; Pub. L.
98–557, § 8(a), Oct. 30, 1984, 98 Stat. 2862.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

4307(a) .........................................
4307(b) .........................................

46:1461(a)
46:1461(c)

Section 4307 prohibits certain acts in the manufacture and operation of recreational vessels.
AMENDMENTS
1984—Subsec. (a)(1)(A). Pub. L. 98–557 designated existing provisions as cl. (i), substituted ‘‘and’’ for ‘‘or’’,
and added cl. (ii).

§ 4308. Termination of unsafe operation
If an official charged with the enforcement of
this chapter observes a recreational vessel being
operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment
of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational
vessel to take immediate and reasonable steps
necessary for the safety of individuals on board
the vessel, including directing the individual in
charge to return to a mooring and to remain
there until the situation creating the hazard is
corrected or ended.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532; Pub. L.
99–307, § 1(9), May 19, 1986, 100 Stat. 445.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

4308 ..............................................

46:1462

Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If
the official observes the vessel being operated without
sufficient lifesaving or firefighting devices or in an
overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and
remaining there until the hazard is corrected or ended.
This does not prevent the assessment of any applicable
civil penalties nor the pursuing of appropriate criminal
action.
AMENDMENTS
1986—Pub. L. 99–307 substituted
charge’’ for ‘‘operator’’ in two places.

‘‘individual

in

§ 4309. Investigation and reporting
(a) A recreational vessel manufacturer to
whom this chapter applies shall establish and
maintain records and reports and provide information the Secretary may require to enable the