An Act to provide for a coordinated national boating safety program
PL 92-75 (H.R.19), enacted 08/10/1971

85 STAT. 
PUBLIC LAW 92-75-AUG. 10, 1971 
213 
which are in excess of $10,003,000 in fiscal year 1972 for '"Public Lands 
Highways". 
SEC. 308. None of the funds provided in this Act shall be avail-
able for administrative expenses in connection with commitments for 
grants for Urban Mass Transportation aggregating more than 
$900,000,000 in fiscal year 1972. 
SEC. 309. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 310. None of the funds provided under this Act shall be avail-
able for the planning or execution of programs for any further con-
struction of the Miami jetport or of any other air facility in the State 
of Florida lying south of the Okeechobee Waterway and in the drain-
age basins contributing water to the Everglades National Park until 
it has been shown by an appropriate study made jointly by the Depart-
ment of the Interior and the Department of Transportation that such 
an airport will not have an adverse environmental effect on the ecology 
of the Everglades and until any site selected on the basis of such study 
is approved by the Department of the Interior and the Department 
of Transportation: Provided^ That nothing in this section shall affect 
the availability of such funds to carry out this study. 
SEC. 311. The Governor of the Canal Zone is authorized to employ 
services as authorized by 5 U.S.C. 3109, in an amount not exceeding 
$150,000. 
SEC. 312. Funds appropriated for operating expenses of the Canal 
Zone Government may be apportioned notwithstanding section 3679 
of the Revised Statutes, as amended (31 U.S.C. 665), to the extent 
necessary to permit payment of such pay increases for officers or 
employees as may be authorized by administrative action pursuant to 
law which are not in excess of statutory increases granted for the 
same period in corresponding rates of compensation for other em-
ployees of the Government in comparable positions. 
SEC. 313. Appropriations under this Act for the Federal Aviation 
Administration may be expended for necessary expenses to establish, 
conduct, and carry out the International Aeronautical Exposition in 
an amount not to exceed $3,780,000: Provided^ That funds so expended 
shall be reimbursed to the appropriation from which expended out of 
revenues credited to the appropriation "Federal Aviation Administra-
tion/United States International Aeronautical Exposition", in chap-
ter X I of Public Law 92-18. 
This Act may be cited as the "Department of Transportation and 
Related Agencies Appropriation Act, 1972". 
Approved August 10, 1971. 
Fiscal year 
limitation. 
Everglades 
National Park, Fla. 
Ecology study. 
80 Stat. 416. 
International 
Aeronautical Ex-
position. 
Ante, p. 5: 
Short title. 
August 10, 1971 
[H. R. 19] 
Public Law 92-75 
AN ACT 
To provide for a coordinated national boating safety program. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That this Act may g ^^t^^A^^f^* 
be cited as the "Federal Boat Safety Act of 1971". 
iliu 
DECLARATION OF POLICY AND PURPOSE 
SEC. 2. It is hereby declared to be the policy of Congress and the 
214 
PUBLIC LAW 92-75-AUG. 10, 1971 
[85 STAT. 
purpose of this Act to improve boating safety and to foster greater 
development, use, and enjoyment of all the waters of the United States 
by encouraging and assisting participation by the several States, the 
boating industry, and the boating public in development of more com-
prehensive boating safety programs; by authorizing the establishment 
of national construction and performance standards for boats and 
associ^ited equipment; and by creating more flexible regulatory author-
ity concerning the use of boats and equipment. It is further declared 
to be the policy of Congress to encourage greater and continuing 
uniformity of boating laws and regulations as among the several 
States and the Federal Government, a higher degree of reciproc-
ity and comity among the several jurisdictions, and closer coopera-
tion and assistance between the Federal Government and the several 
States in developing, administering, and enforcing Federal and State 
laws and regulations pertaining to boating safety. 
DEFINITIONS 
SEC. 3. As used in this Act, and unless the context otherwise re-
quires— 
(1) "Boat" means any vessel— 
(A) manufactured or used primarily for noncommercial use; 
or 
(B) leased, rented, or chartered to another for the latter's non-
commercial use; or 
(C) engaged in the carrying of six or fewer passengers. 
(2) "Vessel" includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on the water. 
(3) "Undocumented vessel" means a vessel which does not have and 
is not required to have a valid marine document as a vessel of the 
United States. 
(4) "Use" means operate, navigate, or employ. 
(5) "Passenger" means every person carried on board a vessel other 
than— 
(A) the owner or his representative; 
(B) the operator; 
(C) bona fide members of the crew engaged in the business of 
the vessel who have contributed no consideration for their carriage 
and who are paid for their services; or 
(D) any guest on board a vessel which is being used exclusively 
for pleasure purposes who has not contributed any consideration, 
directly, or indirectly, for his carriage. 
(6) "Owner" means a person who claims lawful possession of a ves-
sel by virtue of legal title or equitable interest therein which entitles 
him to such possession. 
(7) "Manufacturer" means any person engaged in— 
(A) the manufacture, construction, or assembly of boats or as-
sociated equipment; or 
(B) the manufacture or construction of components for boats 
and associated equipment to be sold for subsequent assembly; or 
(C) the importation into the United States for sale of boats, 
associated equipment, or components thereof. 
85 STAT. ] 
PUBLIC LAW 92-75-AUG. 10, 1971 
215 
(8) "Associated equipment" means— 
(A) any system, part, or component of a boat as originally 
manufactured or any similar part or component manufactured 
or sold for replacement, repair, or improvement of such system, 
part, or component; 
(B) any accessory or equipment for, or appurtenance to, a boat; 
and 
(C) any marine safety article, accessory, or equipment intended 
for use by a person on board a boat; but 
(D) excluding radio equipment. 
(9) "Secretary" means the Secretary of the Department in which 
the Coast Guard is operating. 
(10) "State" means a State of the United States, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
District of Columbia. 
(11) "Eligible State" means one that has a State boating safety pro-
gram which has been accepted by the Secretary. 
APPLICABILITY 
SEC. 4. (a) This Act applies to vessels and associated equipment used, 
to be used, or carried in vessels used, on waters subject to the jurisdic-
tion of the United States and on the high seas beyond the territorial 
seas for vessels owned in the L^nited States. 
(b) Sections 5 through 11 and subsections 12(a) and 12(b) of this 
Act are applicable also to boats moving or intended to be moved in 
interstate commerce. 
(c) This Act, except those sections where the content expressly indi-
i*^ates otherwise, does not apply to— 
(1) foreign vessels temporarily using waters subject to United 
States jurisdiction: 
(2) military or public vessels of the LTnited States, except rec-
reational-type public vessels; 
(3) a vessel whose owner is a State or subdivision thereof, 
which is used principally for governmental purposes, and which 
is clearly identifiable as such; 
(4) ships'lifeboats. 
BOAT AND ASSOCIATED EQUIPMENT STANDARDS AND LTSE 
SAFETY REGULATIONS AND STANDARDS 
SEC. 5. (a) The Secretary may issue regulations— 
(1) establishing minimum safety standards for boats and asso-
ciated equipment, and establishing procedures and tests required 
to measure conformance with such standards. Each standard 
shall be reasonable, shall meet the need for boating safety, and 
shall be stated, insofar as practicable, in terms of performance; 
(2) requiring the installation, carrying, or using of associated 
equipment on boats and classes of boats subject to this Act; and 
prohibiting the installation, carrying, or using of associated equip-
ment which does not conform with safety standards established 
216 
PUBLIC LAW92.75-AUG. 10, 1971 
[85 STAT. 
under this section. Equipment contemplated by this clause 
includes, but is not limited to, fuel systems, ventilation systems, 
electrical systems, navigational lights, sound producing devices, 
fire fighting equipment, lifesaving devices, signaling devices, 
ground tackle, life and grab rails, and navigational equipment, 
(b) A regulation or standard issued under this section— 
(1) shall specify an effective date which is not earlier than 
one hundred and eighty days from the date of issuance, except 
that this period shall be increased in the discretion of the Secre-
tary to not more than eighteen months in any case involving 
major product design, retooling, or major changes in the manu-
facturing process, unless the Secretary finds that there exists 
a boating safety hazard so critical as to require an earlier effec-
tive date; what constitutes major product redesign, retooling, or 
major changes shall be determined by the Secretary; 
(2) may not compel substantial alteration of a boat or item of 
associated equipment which is in existence, or the construction or 
manufacture of which is commenced before the effective date of 
the regulation; but subject to that limitation may require com-
pliance or performance to avoid a substantial risk of personal 
injury to the public that the Secretary considers appropriate in 
relation to the degree of hazard that the compliance will correct; 
and 
(3) shall be consistent with laws and regulations governing 
the installation and maintenance of sanitation equipment. 
PRESCRIBING REGULATIONS AND STANDARDS 
SEC. 6. In establishing a need for formulating and prescribing regu-
lations and standards under section 5 of this Act, the Secretary shall, 
among other things— 
(1) consider the need for and the extent to which the regula-
tions or standards will contribute to boating safety; 
(2) consider relevant available boat safety standards, statistics 
and data, including public and private research, development, 
testing, and evaluation; 
(3) consider whether any proposed regulation or standard is 
reasonable and appropriate for the particular type of boat or 
associated equipment for which it is prescribed; 
(4) consult with the Boating Safety Advisory Council estab-
lished pursuant to section 33 of this Act regarding all of the fore-
going considerations. 
DISPLAY OF LABELS EVIDENCING 
COMPLIANCE 
SEC. 7. The Secretary may require or permit the display of seals, 
labels, plates, insi^ia, or other devices for the purpose of certifying or 
evidencing compliance with Federal safety regulations and standards 
for boats and associated equipment. 
DELEGATION OF INSPECTION 
FUNCTION 
SEC. 8. The Secretary may, subject to such regulations, supervision, 
and review as he may prescribe, delegate to any person, or private or 
public agency, or to any employee under the supervision of such per-
son or agency, any work, business, or function respecting the examina-
tion, inspection, and testing necessary for compliance enforcement 
or for the development of data to enable the Secretary to prescribe 
and to issue regulations and standards, under sections 5 and 6 of this 
Act. 
85 STAT. ] 
PUBLIC LAW 92-75-AUG. 10, 1971 
217 
EXEMPTIONS 
SEC. 9. The Secretary may, if he considers that boating safety will 
not be adversely affected, issue exemptions from any provision of this 
Act or regulations and standards established thereunder, on terms 
and conditions as he considers appropriate. 
FEDERAL PREEMPTION" 
SEC. 10. Unless permitted by the Secretary under section 9 of this 
Act, no State or political subdivision thereof may establish, continue 
in effect, or enforce any provision of law or regulation which estab-
lishes any boat or associated equipment performance or other safety 
standard, or which imposes any requirement for associated equipment, 
except, unless disapproved by the Secretary, the carrying or using of 
marine safetj^ articles to meet uniquely hazardous conditions or cir-
cumstances within the State, which is not identical to a Federal regu-
lation issued under section 5 of this Act. 
ADMISSION OF NONCONFORMING FOREIGN-MADE BOATS 
SEC. 11. The Secretary of the Treasury and the Secretary may, by 
joint re^lationSj authorize the importation of a nonconforming boat 
or associated equipment upon terms and conditions, including the fur-
nishing of bond, which will assure that the boat or associated equip-
ment will be brought into conformity with the applicable Federal 
safety reflations and standards before it is used on waters subject 
to the jurisdiction of the United States. 
PROHIBITED ACTS 
SEC. 12. (a) No person shall— 
(1) manufacture, construct, assemble, introduce, or deliver for 
introduction in interstate commerce, or import into the United 
States, or if engaged in the business of selling or distributing 
boats or associated equipment, sell or offer for sale, any boat, 
associated equipment, or component thereof to be sold for subse-
quent assembly, unless— 
(A) it conforms with regulations and standards pre-
scribed under this Act, or 
(B) it is intended solely for export, and so labeled, 
tagged, or marked on the boat or equipment and on the out-
side of the container, if any, which is exported. 
(2) affix, attach, or display a seal, label, plate, insignia, or 
other device indicating or suggesting compliance with Federal 
safety standards, on, m, or with a boat or item of associated 
equipment, which is false or misleading; 
(3) fail to furnish a notification as required by section 15(a) 
or exercise reasonable diligence in fulfilling the undertaking given 
pursuant to section 15 (c) of this Act. 
(b) No person shall be subject to any penalty contained in this 
section if he establishes that he did not have reason to know in the 
exercise of due care thalt a boat or associated equipment does not 
conform with applicable Federal boat safety standards, or who holds 
a certificate issued by the manufacturer of the boat or associated 
equipment to the effect that such boat or associated equipment con-
forms to all applicable Federal boat safety standards, unless such 
person knows or reasonably should have loiown that such boat or 
associated equipment does not so conform. 
218 
PUBLIC LAW 92.75-AUG. 10, 1971 
[85 STAT. 
(c) No person may use a vessel in violation of this Act or regu-
lations issued thereunder. 
(d) No person may use a vessel, including one otherwise exempted 
by section 4(c) of this Act, in a negligent manner so as to endanger 
the life, limb, or property of any person. Violations of this subsection 
involving use which is grossly negligent, subject the violator, in addi-
tion to any other penalties prescribed in this Act, to the criminal 
penalties prescribed in section 34. 
(e) No vessel equipped with propulsion machinery of any type and 
not subject to the manning requirements of the vessel inspection laws 
administered by the Coast Guard, may w^hile carrying passengers for 
hire, be used except in the charge of a person licensed for such service 
under regulations, prescribed by the Secretary, which pertain to 
qualifications, issuance, revocation, or suspension, and related matters. 
(f) Section 12(e) of this Act shall not apply to any vessel being 
used for bona fide dealer demonstrations furnished without fee to 
business invitees. However, if on the basis of substantial evidence the 
Secretary determines, pursuant to section 6 hereof, that requiring 
vessels so used to be under the control of licensed persons is necessary 
to meet the need for boating safety, then the Secretary may promulgate 
regulations requiring the licensing of persons controlling such vessels 
in the same manner as provided in section 12(e) of this Act for persons 
in control of vessels carrying passengers for hire. 
TERMINATION OF UNSAFE USE 
SEC. 13. If a Coast Guard boarding officer observes a boat being used 
without sufficient lifesaving or firefighting devices or in an overloaded 
or other unsafe condition as defined in regulations of the Secretary, 
and in his judgment such use creates an especially hazardous condition, 
he may direct the operator to take whatever immediate and reasonable 
steps would be necessary for the safety of those aboard the vessel, 
including directing the operator to return to mooring and to remain 
there until the situation creating the hazard is corrected or ended. 
INSPECTION, INVESTIGATION, REPORTING 
SEC. 14, (a) Every manufacturer subject to the provisions of this 
Act shall establish and maintain records, make reports, and provide 
information as the Secretary may reasonably require to enable him 
to determine whether the manufacturer has acted or is acting in 
compliance with this Act and the regulations issued thereunder. 
A manufacturer shall, upon request of an officer, employee, or agent 
authorized by the Secretary, permit the officer, employee, or agent 
to inspect at reasonable times factories or other facilities, books, 
papers, records, and documents relevant to determining whether the 
, 
manufacturer has acted or is acting in compliance with this Act 
and the regulations issued thereunder. 
(b) All information reported to or otherwise obtained by the 
Secretary or his representative pursuant to subsection (a) of this 
section containing or relating to a trade secret or other matter 
referred to in section 1905 of title 18 of the United States Code, or 
authorized to be exempted from public disclosure by subsection 
552(b) of title 5, United States Code, shall be considered confidential 
for the purpose of that section of title 18, except that, upon approval 
by the Secretary, such information may be disclosed to other officers, 
employees, or agents concerned with carrying out this Act or when 
relevant in any proceeding under this Act. 
62 Stat. 791. 
81 Stat. 54. 
85 STAT. J 
PUBLIC LAW 92-75-AUG. 10, 1971 
219 
NOTIFICATION OF DEFECTS; REPAIR OR REPLACEMENT 
SEC. 15. (a) Every manufacturer who discovers or acquires infor-
mation which he determines, in the exercise of reasonable and prudent 
judgment, indicates that a boat or associated equipment subject to an 
applicable standard or regulation prescribed pursuant to section 5 of 
this Act either fails to comply with such standard or regulation, or 
contains a defect which creates a substantial risk of personal injury to 
the public, shall, if such boat or associated equipment has left the place 
of manufacture, furnish notification of such defect or failure of com-
pliance as provided in subsections (b) and (c) of this section, within 
a reasonable time after the manufacturer has discovered the defect. 
(b) The notification required by subsection (a) of this section shall 
be given to the following persons in the following manner— 
(1) by certified mail to the first purchaser for purposes other 
than resale: Provided, That the requirement for notification of 
such first purchaser shall be satisfied if the manufacturer exercises 
reasonable diligence in creating and maintaining a list of such 
purchasers and their current addresses and sends the required 
notice to each person on said list at the address appearing thereon; 
(2) by certified mail to subsequent purchasers, if known to the 
manufacturer; 
(3) by certified mail or other more expeditious means to the 
dealers or distributors of such manufacturer to whom such boat 
or associated equipment was delivered. 
(c) The notification required by subsection (a) of this section shall 
contain a clear description of such defect or failure to comply, an 
evaluation of the hazard reasonably related thereto, a statement of 
the measures to be taken to correct such defect or failure to comply, 
and an undertaking by the manufacturer to take such measures at his 
sole cost and expense. 
(d) Every manufacturer shall furnish to the Secretary a true or 
representative copy of all notices, bulletins, and other communica-
tions to dealers or distributors of such manufacturer or to purchasers, 
or subsequent purchasers, of boats or associated equipment of such 
manufacturer, regarding any defect relating to safety in such boats 
or associated equipment or any failure to comply with a standard, 
regulation, or order applicable to such boat or associated equipment. 
The Secretary may publish or otherwise disclose to the public so much 
of the information contained in such notices or other information in 
his possession as he deems will assist in carrying out the purposes of 
this Act, but shall not disclose any information which contain or 
relates to a trade secret unless he determines that it is necessary to carry 
out the purposes of this Act. 
(e) If through testing, inspection, investigation, research, or exam-
ination of reports carried out pursuant to this Act the Secretary 
determines that any boat or associated equipment subject to this Act— 
(1) fails to comply with an applicable standard or regulation 
prescribed pursuant to section 5; or 
(2) contains a defect which relates to safety, 
and if the Secretary determines that notification provided under this 
section is appropriate, he shall notify the manufacturer of the boat or 
associated equipment of such defect or failure to comply. The notice 
shall contain the findings of the Secretary and shall include a synop-
sis of the information upon which the findings are based. Upon receipt 
of such notice, the manufacturer shall furnish the notification 
described in subsection (c) to the persons designated in subsection (b), 
unless the manufacturer disputes the Secretary's determination, in 
Notification, 
recipients. 
Public disclo' 
sure. 
220 
PUBLIC LAW 92-75-AUG. 10, 1971 
[85 STAT. 
Publication in 
Federal Register. 
"Associated 
equipment." 
Regulations. 
Vessel opera-
tor, duties. 
Liability 
exemption. 
which case the Secretary shall afford such manufacturer an oppor-
tunity to present his views to establish that there is no failure of com-
pliance or defect relating to safety. Where the Secretary determines 
it is in the public interest, he may publish notice of such proceeding in 
the Federal Register and afford interested persons, including the Boat-
ing Safety Advisory Council, an opportunity to comment thereon. If 
after such presentation by the manufacturer the Secretary determines 
that such boat or associated equipment does not comply with an 
applicable standard or regulation, or that it contains a defect related 
to safety, the Secretary may direct the manufacturer to furnish the 
notification specified in subsection (c) of this section to the persons 
specified in subsection (b) of this section. 
(f) For purposes of section 15, the term "associated equipment" 
includes only such items or classes of associated equipment as the Sec-
retary shall by regulation or order prescribe after determining that 
the application of the requirements of this section to such items or 
classes of associated equipment is reasonable, appropriate, and in fur-
therance of the purposes of this Act. 
(g) The Secretary is authorized to promulgate regulations defining 
and establishing procedures and otherwise furthering the purposes of 
this section. 
RENDEEING OF ASSISTANCE IN CASUALTIES 
SEC. 16. (a) The operator of a vessel, including one otherwise 
exempted by subsection 4(c) of this Act, involved in a collision, acci-
dent, or other casualty, to the extent he can do so without serious danger 
to his own vessel, or persons aboard, shall render all practical and nec-
essary assistance to persons affected by the collision, accident, or cas-
ualty to save them from danger caused by the collision, accident, or 
casualty. He shall also give his name, address, and the identification 
of his vessel to any person injured and to the owner of any property 
damaged. The duties imposed by this subsection are in addition to any 
duties otherwise imposed by law. 
(b) Any person who complies with subsection (a) of this section or 
who gratuitously and in good faith renders assistance at the scene of 
a vessel collision, accident, or other casualty without objection of any 
person assisted, shall not be held liable for any civil damages as a 
result of the rendering of assistance or for any act or omission in pro-
viding or arranging salvage, towage, medical treatment, or other assist-
ance where the assisting person acts as an ordinary, reasonably prudent 
man would have acted under the same or similar circumstances. 
NUMBERING OF CERTAIN VESSELS 
VESSELS REQUIRING NUMBERING 
SEC. 17. An undocumented vessel equipped with propulsion machin-
ery of any type shall have a number issued by the proper issuing 
authority in the State in which the vessel is principally used. 
STANDARD NUMBERING 
SEC. 18. (a) The Secretary shall establish by regulation a standard 
numbering system for vessels. Upon application by a State the Secre-
tary shall approve a State numbering system which is in accord with 
the standard numbering system and the provisions of this Act relating 
to numbering and casualty reporting. A State with an approved system 
is the issuing authority under the Act. The Secretary is the issuing 
authority in States where a State numbering system has not been 
approved. 
85 STAT. ] 
PUBLIC LAW 92-75-AUG. 10, 1971 
221 
(b) If a State lias a numbering system approved by the Secretary 
under the Aot of September 2,1958 (72 Stat. 1754), as amended, prior 
to enactment hereof, tlie system need not be immediately revised to 
conform with this Act and may continue in effect without change for 
a period not to exceed three years from the date of enactment of this 
Act. 
(c) When a vessel is actually numbered in the State of principal 
use, it shall be considered as in compliance with the numbering system 
requirements of any State in which it is temporarily used. 
(d) When a vessel is removed to a new State of principal use, the 
issuing authority of that State shall recognize the validity of a num-
ber awarded by any other issuing authority for a period of at least 
sixty days before requiring numbering in the new State. 
(e) If a State has a numbering system approved after the effective 
date of this Act, that State must accept and recognize any certificate 
of number issued by the Secretary, as the previous issuing authority 
in that State, for one year from the date that State's system is 
approved, or until its expiration date, at the option of the State. 
(f) Whenever the Secretary determines that a State is not admin-
istermg its approved numbering system in accordance with the stand-
ard numbering system, or has altered its system without his approval, 
he may withdraw his approval after giving notice to the State, in 
writing, setting forth specifically whei-ein the State has failed to meet 
the standards required, and the State has not corrected such failures 
within a reasonable time after being notified by the Secretary. 
46 u s e 527 
note. 
EXEMPTIONS 
SEC. 19. (a) The Secretary, when he is the issuing authority, may 
exempt a vessel or class of vessels from the numbering provisions of 
this Act under such conditions as he may prescribe. 
(b) When a State is the issuing authority, it may exempt from the 
numbering provisions of this Act any vessel or class of vessels that has 
been exempted under subsection (a) of this section or otherwise as 
permitted by the Secretary. 
DESCRIPTIOX OF CERTIFICATE OF NUMBER 
SEC. 20. (a) A certificate of number granted under this Act shall be 
pocket size, shall be at all times available for inspection on the vessel 
for which issued when the vessel is in use, and may not be valid for 
more than three years. The certificate of number for vessels less than 
twenty-six feet in length and leased or rented to another for the latter"s 
noncommercial use of less than twenty-four hours may be retained on 
shore by the vessel's owner or his representative at the place from 
which the vessel departs or returns to the possession of the owner or 
his representative. A vessel which does not have the certificate of num-
ber on board shall be identified while in use, and comply with such 
other requirements, as the issuing authoiity prescribes. 
(b) The owner of a vessel numbered under this Act shall furnish 
to the issuing authority notice of the transfer of all or part of his 
interest in the vessel, or of the destruction or abandonment of the vessel, 
within a reasonable time thereof, and shall furnish notice of any 
change of address within a reasonable time of the change, in accord-
ance with prescribed regulations. 
Transfer, 
notice. 
DISPLAY OF NUMBER 
SEC. 21. A number required by this Act shall be painted on, or 
attached to, each side of the forward half of the vessel for which it was 
222 
PUBLIC LAW 92-75-AUG. 10, 1971 
[85 STAT. 
issued, and shall be of the size, color, and type as may be prescribed by 
the Secretary. Xo other number may be carried on the forward half of 
the A'essel. 
SAFETY CERTIFICATES 
SEC. 22. When a State is the issuing authority it may require that 
the operator of a numbered vessel hold a valid safety certificate issued 
under terms and conditions set by the issuing authority. 
REGULATIONS 
SEC. 23. The issuing authority may prescribe regulations and 
establish fees to carry out the intent of sections 17 through 24 and sec-
tion 37 of this Act. A State issuing authority may impose only terms 
and conditions for vessel numbering (1) which are prescribed by this 
Act or the regulations of the Secretary concerning the standard num-
bering system, or (2) which relate to proof of payment of State or 
local taxes. 
F U R N I S H I N G OF INFORMATION 
SEC. 24. Any person may request from an issuing authority vessel 
luunbering and registration information which is retrievable from 
vessel numbering system records of the issuing authority. When the 
issuing authority is satisfied that the request is reasonable and 
related to a boating safety purpose, the information shall be furnished 
upon payment by such persion of the cost of retrieval and furnishing 
of the information requested. 
STATE BOATING SAFETY PROGRAMS 
ESTABLJSHMENT AND ACCEPTANCE 
SEC. 25. In order to encourage greater State participation and con-
sistency in boating safety efforts, and particularly greater safety patrol 
and enforcement activities, the Secretary may accept State boating 
safety programs directed at implementing and supplementing this 
Act. Acc€.ptance is necessary for a State to receive full rather than 
partial Federal financial assistance under this Act. The Secreltary may 
also make Federal funds available to an extent permitted b^^ subsection 
27(d) of this Act to national nonprofit public service organizations for 
national boating safety programs and activities which he considers to 
be in the public interest. 
BOATING SAFETY PROGRAM CONTENT 
SEC. 26. (a) The Secretary shall accept a State boating safety pro-
gram which— 
(1) incorporates a State vessel numbering system previously 
approved under this Act or includes such a numbering system as 
part of the proposed boating safety program; 
(2) includes generally the other substantive content of the 
Model State Boat Act as approved by the National Association 
of State Boating Law Administrators in conjunction with the 
Council of State Governments, or is in substantial conformity 
therewith, or conforms sufficiently to insure uniformity and pro-
mote comity among the several jurisdictions; 
(3) provides for patrol and other activity to assure enforcement 
of the State boating safety laws and regulations; 
(4) provides for boating safety education programs; 
85 STAT. ] 
PUBLIC LAW 92-75-AUG. 10, 1971 
223 
(5) designates the State authority or agency which will 
administer the boating safety program and the allocated Federal 
funds; and 
(6) provides that the designated State authority or agency will 
submit reports in the form prescribed by the Secretary. 
(b) The requirements of subparagraph (a) (2) of this section shall 
be liberally construed to permit acceptance where the general intent 
and purpose of such requirements are met and nothing contained 
therein is in any way intended to discourage a State program which 
is more extensive or comprehensive than suggested herein, particularly 
with the regard to safety patrol and enforcement activity commen-
surate with the amount and type of boating activity within the State, 
and with regard to public boat safety education, and experimental 
programs which could enhance boating safety. 
ALLOCATION OF FEDERAL FUNDS 
SEC. 27. (a) The Secretary shall allocate the amounts appropriated 
to the several States as soon as practicable after July 1 of each fiscal 
year for which the funds are appropriated. 
(b) In order to encourage and assist the States in the development 
of boating safety programs during the first three fiscal yeare for which 
funds are available under this Act, the funds shall be allocated among 
applying States having a boating safety program, or which indicate 
to the Secretary their intention to establish boating safety programs 
in accordance with section 25 of this Act. One-half of the funds shall 
be allocated equally among the applying States. The other half shall be 
allocated to each applying State in the same ratio as the number of 
vessels propelled by machinery numbered in that State bears to the 
number of such vessels numbered in all applying States. 
(c) In fiscal years after the third fiscal year for which funds are 
available under this Act the moneys appropriated shall he. allocated 
among applying States. Of the total available funds one-third shall 
be allocated each year equally among applying States. One-third shall 
be allocated so that the amount each year to each applying eligible 
State will be in the same ratio as the number of vessels numbered in 
that State, under a numbering system approved under this Act, bears 
to the number of such vessels numbered in all applying eligible States. 
The remaining one-third shall lye allocated so that the amount each 
year to each applying eligible State shall be in the same ratio as the 
State funds expended or obligated for the State boating safety pro-
gram during the previous fiscal year by a State bears to the total 
State funds expended or obligated for that fiscal year by all the apply-
ing eligible States. 
(d) The Secretary may allocate not more than 5 per centum of funds 
appropriated in any fiscal year for national boating safety activities 
of one or more national nonprofit-public service organizations. 
ALLOCATION LIMITATIONS; UNOBLIGATED OR UNALLOCATED FUNDS 
SEC. 28. (a) Notwithstanding the allocation ratios prescribed in 
section 27 of this Act, the Federal share of the total annual cost of a 
State's boating safety program may not exceed 75 per centum in fiscal 
year 1972, 66% per centum in fiscal year 1973, 50 per centum in fiscal 
year 1974, 40 per centum in fiscal year 1975, and SSy^ per centum in 
fiscal year 1976. No State may receive more than 5 per centum of the 
Federal funds appropriated or available for allocation in any fiscal 
year. 
Limitation, 
224 
PUBLIC LAW 92-75-AUG. 10, 1971 
[85 STAT. 
(b) Amounts allocated to a State sliall be available for obligation by 
that State for a period of three years following the date of allocation. 
Funds unobligated by the State at the expiration of the three-year 
period shall be withdrawn by the Secretary and shall be available 
with other funds to be allocated by the Secretary during that fiscal 
year. 
(c) Funds available to the Secretary which have not been allocated 
at the end of a fiscal year shall be carried forward as part of the total 
allocation funds for the next fiscal year for which appropriations are 
authorized by this Act, 
DETERMINATION OF STATE FUNDS EXPENDED 
SEC. 29. In accordance with regulations prescribed by the Secretary 
computation by a State of funds expended or obligated for the boating-
safety program shall include the acquisition, maintenance, and operat-
ing costs of facilities, equipment, and supplies; personnel salaries 
and reimbursable expenses; the costs of training personnel; public 
boat safety education; the costs of administering the program; and 
other expenses which the Secretary considers appropriate. The Secre-
tary shall determine any issues which arise in connection with such 
computation. 
AUTHORIZATION FOR APPROPRIATIONS FOR STATE BOATING SAFETY PROGRAMS 
SEC. 30. For the pui"pose of providing financial assistance for State 
boating safety programs there is authorized to be appropriated 
$7,500,000 for the fiscal year ending June 30, 1972, and $7,500,000 for 
each of the four succeeding fiscal years, such appropriations to remain 
available until expended. 
PAYMENTS 
SEC. 31. (a) Amounts allocated under section 27 of this Act shall 
he computed and paid to the States as follows: 
(1) During the first three fiscal years that funds are available 
the Secretary shall schedule the initial payment to each State at 
the earliest possible time after application and compliance with 
subsection 27(b) of this Act. 
(2) For fiscal years after the third fiscal year for which funds 
are available, the Secretary shall determine during the last quarter 
of a fiscal year, on the basis of computations made pursuant to sec-
tion 29 of this Act and submitted by the States, the percentage of 
the funds available for the next fiscal year to which each eligible 
State shall be entitled. Notice of the percentage and of the dollar 
amount, if it can then be determined, for each State shall be 
furnished to the States at the earliest practicable time. If the Sec-
retary finds that an amount made available to a State for a prior 
year is greater or less than the amount which should have been 
made available to that State for the prior year, because of later 
or more accurate State expenditure information, the amount for 
the current fiscal year may be increased or decreased by the appro-
priate amount. 
(b) Notwithstanding any other provision of law, the Secretary shall 
schedule the payment of funds consistent with the program purposes 
and applicable Treasury regulations, so as to minimize the time 
elapsing between the transfer of funds from the United States Treas-
ury and the subsequent disbursement thereof by a State. 
85 STAT. ] 
PUBLIC LAW 92-75-AUG. 10, 1971 
225 
(c) Whenever the Secretary, after reasonable notice to the desig-
nated State authority or agency, finds that— 
(1) the boating safety program submitted by the State and 
accepted by the Secretary has been so changed that it no longer 
complies with this Act or standards established by regulations 
thereunder; or 
(2) in the administration of the boating safety program, there 
has been a failure to comply substantially with the standards 
established by the regulations; 
the Secretary shall notify the State authority or agency that no further 
payments will be made to the State until the program conforms to the 
established standards or the failure is corrected. 
(d) The Secretary shall, by regulation, provide for such accounting, 
budgeting, and other fiscal procedures as are necessary and reasonable 
for the proper and efficient administration of this section. The Secre-
tary and the Comptroller General of the United States shall have 
access for the purpose of audit and examination, to any books, docu-
ments, papers, and records that are pertinent to Federal funds allo-
cated under this Act. 
Noncompliance, 
payment termi-
nation. 
Records, avail-
ability. 
CONSULTATION AND COOPERATION 
SEC. 32. (a) In carrying out his responsibilities under this Act the 
Secretary may consult with State and local governments, public and 
private agencies, organizations and committees, private industry, and 
other persons having an interest in boating and boating safety. 
(b) The Secretary may advise, assist, and cooperate with the 
States and other interested public and private agencies, in the plan-
ning, development, and execution of boating safety programs. Acting 
under the authority of section 141 of title 14, United States Code, 
and consonant with the policy defined in section 2 of this Act, the 
Secretary shall insure the fullest cooperation between the State and 
Federal authorities in promoting boating safety by entering into 
agreements and other arrangements with the State whenever possible. 
Subject to the provisions of chapter 23, title 14, he may make avail-
able, upon request from a State, the services of members of the Coast 
Guard Auxiliary to assist the State in the promotion of boating safety 
on State waters. 
Coast Guard, 
utilization. 
63 Stat. 505. 
14 u s e 821. 
BOATING SAFETY ADVISORY 
COUNCIL 
SEC. 33. (a) The Secretary shall establish a National Boating 
Safety Advisory Council (hereinafter referred to as "the Council"), 
which shall not exceed twenty-one members, whom the Secretary con-
siders to have a particular expertise, knowledge, and experience in 
boating safety. Insofar as practical, to assure balanced representa-
tion, members shall be drawn equally from (1) State officials respon-
sible for State boating safety programs, (2) boat and associated equip-
ment manufacturers, and (3) boating organizations and members of 
the general public. Additional persons from those sources may be 
appointed to panels to the Council which will assist the Council in the 
performance of its functions. 
(b) In addition to the consultation required by section 6 of this Act 
the Secretary shall consult with the Council on any other major boat 
safety matters related to this Act. 
Membership. 
226 
PUBLIC LAW 92-75-AUG. 10, 1971 
[85 STAT. 
Compensation. 
5 u s e 5332 
note. 
80 Stat. 499; 
83 Stnt. 190. 
(c) Members of the Council or panels may be compensated at a rate 
not to exceed the rate provided for Federal classified employees of 
grade GS-18 when engaged in the duties of the Council. Members, 
while away from their homes or regular places of business, may be 
allowed travel expenses, including a per diem in lieu of subsistence as 
authorized by section 5703 o;f title 5, United States Code, for persons 
in the Government service employed intermittently. Payments under 
this section shall not render members of the Council employees or 
officials of the United States for any purposes. 
Secretary, 
authority. 
CRIMINAL PENALTIES 
SEC. 34. Any person who willfully violates section 12(c) of this Act 
or the regulations issued thereunder shall be fined not more than 
$1,000 for each violation or imprisoned not more than one year, or 
both. 
CIVIL P E N A L T I E S 
SEC. 35. (a) In addition to any other penalty prescribed by law any 
person who violates subsection 12(a) of this Act shall be liable to a 
civil penalty of not more than $2,000 for each violation, except that 
the maximum civil penalty shall not exceed $100,000 for any related 
series of violations. Whenever any corporation violates section 12(a) 
of this Act, any director, officer, or executive employee of such corpora-
tion who knowingly and willfully ordered or knowingly and willfully 
authorized such violation shall be individually liable to the civil pen-
alties contained herein, in addition to the corporation: Provided^ how-
ever^ That no such director, officer, or executive employee shall be 
individually liable under this subsection if he can demonstrate, by a 
preponderance of the evidence, (1) that said order or authorization 
was issued on the basis of a determination, in the exercise of reasonable 
and prudent judgment, that the nonconformity with standards and 
regulations constituting such violation would not cause or constitute a 
substantial risk of personal injury to the public, and (2) that at the 
time of said order or authorization he advised the Secretary in writing 
of his action under this proviso. 
(b) In addition to any other penalty prescribed by law any person 
who violates any other provision of this Act or the regulations issued 
thereunder shall be liable to a civil penalty of not more than $500 for 
each violation. If the violation involves the use of a vessel, the vessel, 
except as exempted by subsection 4(c) of this Act, shall be liable and 
may be proceeded against in the district court of any district in which 
the vessel may be found. 
(c) The Secretary may assess and collect any civil penalty incurred 
under this Act and, in his discretion, remit, mitigate, or compromise 
any penalty prior to referral to the Attorney General. Subject to 
approval by the Attorney General, the Secretary may engage in any 
proceeding in court for that purpose, including a proceeding under 
subsection (d) of this section. In determining the amount of any 
penalty to be assessed hereunder, or the amount agreed upon in any 
compromise, consideration shall be given to the appropriateness of 
such penalty in light of the size of the business of the person charged, 
the gravity of the violation and the extent to which the person charged 
has complied with the provisions of section 15 of this Act or has other-
wise attempted to remedy the consequences of the said violation. 
85 STAT. ] 
PUBLIC LAW 92-75-.AUG. 10, 1971 
227 
(d) When a civil penalty of not more than $200 has been assessed 
Federal magis-
under this Act, the Secretary may refer the matter for collection of *'^^'^'''° 
the penalty directly to the Federal magistrate of the jurisdiction 
wherein the person liable may be found for collection procedures under 
supervision of the district court and pursuant to order issued by the 
court delegating such authority under section 636 (b) of title 28, United 
States Code. 
82 stat. iiu. 
I N J U N C T I V E 
PROCEEDINGS 
SEC. 86. The United States district courts shall have jurisdiction to 
u.s. district 
restrain violations of this Act, or to restrain the sale, offer for sale, or ^°^^^^' •'""^'^i'=-
the introduction or delivery for introduction, in interstate commerce, 
or the importation into the United States, of any boat or associated 
equipment which is determined not to conform to Federal boat safety 
standards, upon petition by the Attorney (xeneral on behalf of the 
TTnited States. Whenever practicable, the Secretary shall give notice 
Notice, hearing 
to any person against whom an action for injunctive relief is con- °pp°'''""ity* 
templated and afford him an opportunity to present his views, and 
except in the case of knowing and willful violation, shall afford him 
a reasonable opportunity to achieve compliance. The failure to give 
notice and afford such opportunity does not preclude the granting of 
appropriate relief. 
(\\SUALTY KEPORTING SYSTEMS 
SEC. 87. (a) The Secretary shall prescribe a uniform vessel casualty 
reporting system for vessels subject to this Act, including those other-
wise exempted by paragraphs (1), (8), and (4) of section 4(c). 
(b) A State vessel numbering system and boating safety program 
approved under this Act shall provide for the reporting of casualties 
and accidents involving vessels. A State shall compile and transmit to 
state reports 
the Secretary reports, information, and statistics on casualties atnd '° secretary. 
accidents reported to it. 
(c) A vessel casualty reporting system shall provide for the report- . ^^'^^ casuai-
ing of all marine casualties involving vessels indicated in subsection 
(a) of this section and resulting in the death of any person. Marine 
casualties which do not result in loss of life shall be classified 
according' to the gravity thereof, giving consideration to the extent 
of the injuries to persons, the extent of property damage, the dangers 
which casualties create, and the size, occupation or use, and the means 
of propulsion of the boat involved. Regulations shall prescribe the 
casualties to be reported and the manner of reporting. 
(d) The owner or operator of a boat or vessel indicated in subsec-
tion (a) of this section and involved in a casualty or accident shall 
report the casualty or accident to the Secretary in accordance with 
regulations prescribed under this section unless he is required to 
report to a State under a State system approved under this Act. 
(e) The Secretary shall collect, analyze, and publish reports, 
Reports and 
• ^ 
,• 
J. x- !• 
i 
J.1 
-/i 
1 r. T 
1 
-I 
recommendations, 
miormation, or statistics together with such nndmgs and recommenda- publication. 
tions as he considers appropriate. If a State accident reporting system 
provides that information derived from accident reports, other than 
statistical, shall be unavailable for public disclosure, or otherwise pro-
hibits use by the State or any person in any action or proceeding 
against an individual, the Secretary may utilize the information or 
material furnished by a State only in like manner. 
APPROPRIATIONS AUTHORIZATION 
SEC. 38. There is authorized to be appropriated amounts as may be 
necessary to administer the provisions of this Act. 
75-432 O - 72 - 17 
70 Stat. 154; 
72 Stat. 1756 
46 u s e 527, 
527a, 527e, 527h 
46 u s e 526u. 
228 
PUBLIC LAW 92.75-AUG. 10, 1971 
[85 STAT. 
GENERAL REGULATIONS 
SEC. 39. The Secretary may issue regulations necessary or appro-
priate to carry out the purposes of this Act. 
SAVINGS PROVISION 
SEC. 40i Compliance with this Act or standards, regulations, or 
orders promulgated hereunder shall not relieve any person from lia-
bility at common law or under State law. 
MISCELLANEOUS P R 0 \ T ; S I 0 N S 
Repeals. 
gjj^^ ^^^ ^^'^ rj,^^ followiug are repealed: 
(1) Section 7, as amended, and sections 13 and 14 of the Motor-
boat Act of 1940, Public Law 76-484, April 25, 1940 (54 Stat. 
. _ 
165); 
46 use 526f, 
(2) The Federal Boating Act of 1958, Public Law 85-911, 
5 26j.j26m.^^ 
September 2, 1958 (72 Stat. 1754), except subsections 6(b) and 
note. 
6(c) thereof; 
(3) The Act of March 28, 1960, Public Law 86-396 (74 Stat. 
46USC526U. 
1 0 ) ; a u d 
(4) The Act of August 30,1961, Public Law 87-171 (75 Stat. 
408). 
(b) Subsection (c) of section 6 of the Federal Boating Act of 1958, 
September 2,1958 (72 Stat. 1754), is amended to read as follows: 
'Vc) Such Act of April 25, 1940 (46 U.S.C. 526-526t), is further 
amended by adding at the end thereof the following new section: 
" 'SEC 22. (a) This Act applies to every motorboat or vessel on the 
navigable waters of the United States, Guam, the Virgin Islands, the 
Commonwealth of Puerto Rico, and the District of Columbia, and 
every motorboat or vessel owned in a State and using the high seas, 
except that the provisions of this Act other than sections 12, 18, and 
19 do not apply to boats as defined in and subject to the Federal Boat 
Safety Act of 1971. 
" ' (b) As used in this Act— 
"^*^*^"" 
" 'The term "State" means a State of the United States, Guam, the 
Virgin Islands, the Commonwealth of Puerto Rico, and the District of 
Columbia.'" 
(c) Any vessel, to the extent that it is subject to the Small Pas-
senger Carrying Vessel Act, May 10, 1956 (70 Stat. 151), or to any 
other vessel inspection statute of the United States, is exempt from the 
provisions of this Act. 
(d) Nothing contained in this Act shall be deemed to exempt from 
the antitrust laws of the LTnited States any conduct that would be 
unlawful under such laws, or to prohibit under the antitrust laws 
of the United States any conduct that would be lawful under such 
laws. 
(e) Regulations previously issued under statutory provisions 
repealed, modified, or amended by this Act continue in effect as though 
promulgated under the authority of this Act until expressly abrogated, 
modified, or amended by the Secretary under the regulatory authority 
of this Act. 
(f) Any criminal or civil penalty proceeding under the Motorboat 
54 Stat. 163. 
^Q^ of 1940, as amended, or the Federal Boating Act of 1958, as 
72 Stat. 175*4. 
amended, for a violation which occurred before the effective date of 
46 use 5 2
7 
this Act may be initiated and continue to conclusion as though the 
former Acts had not been amended or repealed hereby. 
Approved August 10, 1971. 
46 u s e 390 
et 
seq. 
note.