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46 U.S.C. § 4303 — Inspection and testing

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4303 — Inspection and testing

**(a)** Subject to regulations, supervision, and reviews that the Secretary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under [section 4302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4302&num=0&edition=prelim). **(b)** The Secretary may— (1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotiation or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and (2) subsequently sell those vessels.

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Source location: Title 46, Chapter 43, § 4303; chapter-043-recreational-vessels.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4303 — Inspection and testing

Page 98 TITLE 46—SHIPPING § 4303 performance standard for the alternative use and pos- session of visual distress alerting and locating signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Fed- eral Regulations. ‘‘(b) REGULATIONS.—Not later than 180 days after the performance standard for alternative use and posses- sion of visual distress alerting and locating signals is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices.’’ LARGE RECREATIONAL VESSEL REGULATIONS Pub. L. 115–232, div. C, title XXXV, § 3529(a), Aug. 13, 2018, 132 Stat. 2318, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) ISSUANCE.—The Secretary of the department in which the Coast Guard is operating shall issue large recreational vessel regulations applicable to any rec- reational vessel (as defined in section 2101 of title 46, United States Code) over 300 gross tons as measured under section 14502 of such title, or an alternate ton- nage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, that does not carry any cargo or pas- sengers for hire. ‘‘(2) SCOPE AND CONTENT OF REGULATIONS.—The reg- ulations issued under this subsection— ‘‘(A) subject to subparagraph (B), shall be com- parable to the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the ‘Large Commercial Yacht Code (LY3)’), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary; and ‘‘(B) shall require that, as part of the review of an application for documentation of a vess

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