A bill to amend the Federal Boat Safety Act of 1971.
PL 94-531 (H.R.13585), enacted 10/17/1976

PUBLIC LAW 94-531—OCT. 17, 1976 
90 STAT. 24819 
Public Law 94-531 
94th Congress 
An Act 
To amend the Federal Boat Safety Act of 1971. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Federal 
Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) is 
amended as follows: 
(1) Section 4 is amended by adding a new subsection to read as 
follows: 
"(d) Until such time as there is a final judicial determination that 
they are navigable waters of the United States, the following waters 
lying entirely within the State of New Hampshire, to wit: Lake Win-
nisquam, Lake Winnipesaukee, portions of the Merrimack River, 
and their tributary and connecting waters, are declared not to be 
waters subject to the jurisdiction of the United States, within the 
meaning of this section.". 
(2) Section 5 is amended by striking the word "eighteen" in para-
graph (1) of subsection (b) thereof, and by inserting in lieu thereof 
"twenty-four". 
(3) Section 8 is amended by inserting, immediately after "8.", the 
subsection designation "(a)", and adding a new subsection to read as 
follows: 
"(b) The Secretary may conduct research, testing, and development 
as necessary to carry out the purposes of this Act, including the pro-
curement (by negotiation or otherwise) of experimental and other 
boats or associated equipment for research and testing purposes, and 
the subsequent sale thereof.". 
(4) Section 15 is amended, in subsection (a), by striking, at the 
end thereof, "defect.", and by inserting in lieu thereof "defect: Pro-
vided, That the manufacturer's duty of notification under subsection 
(b) (1) and subsection (b) (2) of this section applies only to defects 
or failures of compliance discovered by the manufacturer within one 
of the following periods, as appropriate: 
"(1) in the case of a boat or associated equipment required by 
regulation to have a date of certification affixed, five years from 
date of certification, or 
" (2) in the case of a boat or associated equipment not required 
by regulation to have a date of certification affixed, five years 
from date of manufacture.". 
(5) Section 15 is amended, in subsection (e), by striking, at the 
beginning of the third sentence thereof the word "Upon", and by 
inserting in lieu thereof "If the manufacturer receives notice from 
the Secretary within the time in which he would be required to make 
notification under subsection (a), upon". 
(6) Section 15 is amended, in subsection (g), by striking "this 
section.", and by inserting in lieu thereof "this section, including, but 
not limited to, procedures to be followed by dealers and distributors 
to assist manufacturers in obtaining the information required by this 
section: Provided, That a regulation promulgated hereunder may not 
relieve a manufacturer of any obligation imposed on him by this 
section.". 
Oct. 17, 1976 
[H.R. 13585] 
Federal Boat 
Safety Act of 
1971, 
amendments. 
46 u s e 1453. 
New Hampshire, 
navigable waters. 
46 
use 
1454. 
46 
use 
1457. 
Research and 
testing. 
Repair or 
replacement of 
defects. 
46 use 1464. 
90 STAT. 2490 
PUBLIC LAW 94-531—OCT. 17, 1976 
Standard 
(7) Section 18 is amended, in subsection (a), by inserting, follow-
numbering 
j^g the second sentence thereof, a new sentence to read as follows: 
2s n^r 14,67 
""^"^ implementing and administering its numbering system, a State 
shall adopt any definitions of relevant terms, including, but not 
limited to, 'model year' and 'date of manufacture' established by the 
Secretary by regulation.". 
46 use 1469. 
(8) Section 20 is amended, in subsection (a), by striking, in the 
second sentence the words "twenty-four hours", and by inserting in 
lieu thereof the words "seven days". 
46 use 1472. 
(9) Section 23 is amended by inserting at the end of the first 
sentence a new sentence to read as follows: "The fees established 
pursuant to authority granted by this section shall apply equally to 
residents and nonresidents of the State.". 
46 use 1476. 
(10) Section 27 is amended, in subsection (a), by striking "July 1", 
and by inserting in lieu thereof "October 1". 
46 use 1477. 
(11) Section 28 is amended, in subsection (a), by striking the first 
sentence thereof and by inserting, in lieu thereof, the following: 
"Notwithstanding the allocation ratios prescribed in section 27, the 
Federal funds allocated to any State in any fiscal year may not exceed 
fifty per centum of the total cost of that State's boating safety pro-
gram in that year.". 
(12) Section 28 is further amended by adding a new subsection to 
read as follows: 
"(d) For the purposes of this section, the transition period of 
July 1, 1976, to September 30, 1976, shall be treated as a fiscal year.". 
Approved October 17, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1578 (eomm. on Merchant Marine and Fisheries). 
eONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 20, considered and passed House. 
Sept. 30, considered and passed Senate, amended. 
Oct. 1, House agreed to Senate amendments.