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46 U.S.C. § 4305 — Exemptions and equivalents

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

46 U.S.C. § 4305 — Exemptions and equivalents

**(a) Exemptions.—** If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. **(b) Equivalents.—** The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.

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Stable record: federal_law:legal_authorities:record_usc_777d95c97187e516d9ba0f21
Source file: Laws/federal/codes/united-states-code/title-46/section-4305-exemptions-and-equivalents--f96958a78f.md
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Source location: Title 46, Chapter 43, § 4305; chapter-043-recreational-vessels.md

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**(a) Exemptions.—** If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. **(b) Equivalents.—** The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.

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

46 U.S.C. § 4306 — Federal preemption

Unless permitted by the Secretary under [section 4305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4305&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4302&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 4306

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

46 U.S.C. § 4305 — Exemptions and equivalents

Page 99 TITLE 46—SHIPPING § 4307 make clear that the Secretary may sell anything that was purchased to test. § 4304. Importation of nonconforming vessels and equipment The Secretary and the Secretary of the Treas- ury may authorize by joint regulations the im- portation of any nonconforming recreational vessel or associated equipment on conditions, including providing a bond, that will ensure that the recreational vessel or associated equipment will be brought into conformity with applicable safety regulations and standards of the Govern- ment before the vessel or equipment is operated on waters subject to the jurisdiction of the United States. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 4304 .............................................. 46:1460 Section 4304 requires the regulation and control of the importation of nonconforming recreational vessels and associated equipment. This is to assure United States manufacturers that foreign imports comply with those regulations and standards in effect for United States products so that all manufacturers will be on this same competitive footing. This is being done in lieu of providing a specific prohibition against the im- portation of these vessels and equipment that might be considered an imposition of a non-tariff barrier to trade. § 4305. Exemptions and equivalents (a) EXEMPTIONS.—If the Secretary considers that recreational vessel safety will not be ad- versely affected, the Secretary may issue an ex- emption from this chapter or a regulation pre- scribed under this chapter. (b) EQUIVALENTS.—The Secretary may accept a substitution for associated equipment perform- ance or other safety standards for a recreational vessel

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 4305

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