StatA

Pt. 179

33 CFR Ch. I (7–1–01 Edition)

PART 179—DEFECT NOTIFICATION
Sec.
179.01 Purpose.
179.03 Definitions.
179.05 Manufacturer discovered defects.
179.07 Notice given by ‘‘more expeditious
means.’’
179.09 Contents of notification.
179.11 Defects determined by the Commandant.
179.13 Initial report to the Commandant.
179.15 Follow-up report.
179.17 Penalties.
179.19 Address of the Commandant.
AUTHORITY: 43 U.S.C. 1333; 46 U.S.C. 4302,
4307, 4310, and 4311; 49 CFR 1.46.
SOURCE: CGD 72–55R, 37 FR 15776, Aug. 4,
1972, unless otherwise noted.

§ 179.01

(3) The importation into the United
States for sale of boats, associated
equipment, or components thereof.
[CGD 93–055, 61 FR 13926, Mar. 28, 1996, as
amended by USCG–1999–5832, 64 FR 34716,
June 29, 1999]

§ 179.05 Manufacturer discovered defects.
Each manufacturer who is required
to furnish a notice of a defect or failure
to comply with a standard or regulation under 46 U.S.C. 4310(b), shall furnish that notice within 30 days after
the manufacturer discovers or acquires
information of the defect or failure to
comply.
[CGD 93–055, 61 FR 13926, Mar. 28, 1996]

§ 179.07 Notice given by ‘‘more expeditious means’’.

Purpose.

This part prescribes rules to implement 46 U.S.C. 4310, governing the notification of defects in boats and associated equipment.

Each manufacturer who gives notice
by more expeditious means as provided
for in 46 U.S.C. 4310(c)(1)(C), must give
such notice in writing.

[CGD 93–055, 61 FR 13926, Mar. 28, 1996]

[CGD 93–055, 61 FR 13926, Mar. 28, 1996]

§ 179.03

§ 179.09

Definitions.

Associated equipment as used in this
part, means the following equipment as
shipped, transferred, or sold from the
place of manufacture and includes all
attached parts and accessories:
(1) An inboard engine.
(2) An outboard engine.
(3) A stern drive unit.
(4) An inflatable personal flotation
device approved under 46 CFR 160.076.
Boat means any vessel—
(1) Manufactured or used primarily
for noncommercial use;
(2) Leased, rented, or chartered to another for the latter’s noncommercial
use; or
(3) Engaged in the carrying of six or
fewer passengers.
Manufacturer means any person engaged in—
(1) The manufacture, construction, or
assembly of boats or associated equipment;
(2) The manufacture or construction
of components for boats and associated
equipment to be sold for subsequent assembly; or

Contents of notification.

Each notice required under 46 U.S.C.
4310(b) must include the following additional information:
(a) The name and address of the manufacturer.
(b) Identifying classifications including the make, model year, if appropriate, the inclusive dates (month and
year) of the manufacture, or serial
numbers and any other data necessary
to describe the boats or associated
equipment that may be affected.
[CGD 72–55R, 37 FR 15776, Aug. 4, 1972, as
amended by CGD 93–055, 61 FR 13926, Mar. 28,
1996]

§ 179.11 Defects determined
Commandant.

by

the

A manufacturer who is informed by
the Commandant under 46 U.S.C. 4310(f)
that a boat or associated equipment
contains a defect relating to safety or
failure to comply with a standard or
regulation issued under the authority
of 46 U.S.C. 4302, shall within 30 days of
receipt of the information—
(a) Furnish the notification described
in 46 U.S.C. 4310(d) to the persons designated in 46 U.S.C. 4310(c), or

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