1 31 "SEC. 22. (a) This Act applies to every motorboat or 2 vessel on the navigable waters of the United States, Guam, 3 the Virgin Islands, the Commonwealth of Puerto Rico, and 4 the District of Columbia, and every motorboat or vessel 5 owned in a State and using the high seas, except that the 6 provisions of this Act other than sections 12, 18, and 19 7 do not apply to boats as defined in and subject to the Boat 8 Safety Act of 1969. 9 10 "(b) As used in this Act ""The term "State" means a State of the United States, 11 Guam, the Virgin Islands, the Commonwealth of Puerto 12 Rico, and the District of Columbia." 13 (c) Any vessel, to the extent that it is subject to the 14 15 16 17 Small Passenger Carrying Vessel Act, May 10, 1956 (70 Stat. 151), 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 United States any 18 conduct that would be unlawful under such laws, or to pro 19 20 21 2 2 2 2 2 * hibit under the antitrust laws of the United States any con duct that would be lawful under such laws. (e) Regulations previously issued under statutory pro22 visions repealed, modified, or amended by this Act continue 23 24 in effect as though promulgated under the authority of this Act until expressly abrogated, modified or amended by the 25 Secretary under the regulatory authority of this Act. 32 (f) A criminal or civil penalty proceeding under the 2 Motorboat Act of 1940, as amended, or the Federal Boating 3 Act of 1958, as amended, for a violation which occurred 4 before the effective date of this Act may be initiated and 5 continue to conclusion as though the former Acts had not 6 been amended or repealed hereby. Hon. JOHN W. MCCORMACK, [EXEC. COMM. 1361] THE SECRETARY OF TRANSPORTATION, Speaker of the House of Representatives, Washington, D.C. DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill, to provide for a coordinated national boating safety program. The proposed bill would authorize the Secretary of Transportation to establish safety standards applicable to boats and associated equipment and to regulate the use of safety equipment on board boats, to approve more comprehensive state boating safety programs and to make grants-in-aid to encourage state participation and to assist in program development and implementation. The bill also incorporates the substance of the Federal Boating Act of 1958, which would be repealed, and much of the substance of the Motorboat Act of 1940, which would no longer be applicable to boats as defined and covered under this act. This bill is an outgrowth of a proposal introduced in the 90th Congress and developed as part of a comprehensive program undertaken by the Department to improve boating safety. There is a need for legislation directed at boat construction safety standards, and a need for state programs which provide greater state involvement in boating safety efforts. At the same time, piecemeal changes in the Federal statutes relating to boats and boating safety are undesirable and tend to be unnecessarily confusing to the boating public. Accordingly, it was determined to incorporate the existing statutes into a single comprehensive piece of legislation. That approach also provided the opportunity to make certain changes which the Coast Guard, through many years of experience in administering and enforcing those statutes, considered advisable. The views and suggestions of innumerable witnesses who testified at various hearings held by the House Merchant Marine and Fisheries Committee on last year's bill were carefully considered, evaluated, and in many cases incorporated. Also, the views and advice of the states and boating industries were sought during development of the draft bill. Paralleling the increase in family incomes and in the amount of leisure time, millions of Americans have turned to boating as a major form of sport and recreation. Currently there are more than eight million small boats in use in the United States and their number increases at the rate of 4,000 a week. This sharp and continuing rise in the level of small boat activity has brought with it an increase in boating accidents and deaths. Despite significant activity by the Coast Guard and the preventive efforts of state and local governments, small boat safety calls for greater efforts to reduce the risk of accident, injury, and death in recreational boating. Where equipment could help prevent accidents and save lives, Federal authority has not been sufficient to induce or compel industry and the boating public to provide for its installation and use. Moreover, while most small boat accidents appear to be attributable to operator fault, there has not been an education and training program sufficient to meet the needs of eight million small boat owners. The special problem of small boat safety demands new programs and policies that are truly sufficient, in scale and type, to meet the challenge. The proposed bill would authorize increased regulatory action to be taken when necessary and would permit the Secretary to offer some financial incentive to more effective state action. The recommended appropriation authorization of $5,000,000 a year for five fiscal years beginning with 1972 for a grant-in-aid program is sufficient to help some states improve existing programs and to encourage others to make a start. It would be appreciated if you would lay this proposal before the House of Representatives. A similar proposal has been submitted to the President of the Senate. The Bureau of the Budget has advised that there is no objection from the standpoint of the Administration's program to the submission of this proposed legislation to the Congress. Sincerely, JAMES M. BEGGS, Acting Secretary. SECTION-BY-SECTION ANALYSIS OF A BILL TO PROVIDE FOR A COORDINATED NATIONAL BOATING SAFETY PROGRAM Section 1 contains the title of the Act. Section 2 states policy and purpose. The statement incorporates Federal policy previously enunciated in the Federal Boating Act of 1958 and reflects the additional conclusion that greater boating safety effort, both at the Federal and state level, is in the public interest. The extent of Federal involvement continues to be found in the need for uniformity of law and regulation for a transient boating public as well as in the existing Federal capability. The statement also emphasizes the need for continued state involvement, and for close cooperation between the Federal government and the states. Section 3 contains a definition of terms necessary to more complete understanding of the Act. (1) The definition of "boat" encompasses all recreational craft of less than 65 feet, boats of the same size used in the boat livery or charter business, and boats of that size or under carrying 6 or fewer passengers. The definition is not in terms of power because certain parts of the Act, notably those concerning boat safety standards, are intended to pertain to unpowered as well as powered vessels. (2) The definition of "vessel" is the usual definition which is contained in the existing Federal Boating Act of 1958 (46 U.S.C. 527). The definition is construed to include submersible vessels and surface effect vehicles, such as hover-craft, operating over the water. (3) An "undocumented vessel" is one which not only does not have but is not required to have a valid marine document as a vessel of the United States. (4) The word "use" means operate, navigate, or employ. As the word pertains to boats and vessels it is broad enough to include situations where an occupied vessel is anchored or moored as well as underway. (5) The definition of "passenger" is intended to be as consistent as the substance of this Act permits with the definition of passenger contained in the Small Passenger Carrying Vessels Act, 46 U.S.C. 390. (6) "Owner" is defined as it was in the Federal Boating Act of 1958, 46 U.S.C. 527. (7) "Manufacturer" is defined as a person engaged in manufacture, construction or assembly of boats or associated equipment or of boat or equipment kits, or persons who import those items. Though the thrust of this definition is at persons engaged in the boat or associated equipment manufacturing or importing business it would pertain to a person manufacturing or building a single boat because of the rules of construction contained in section 1 of title 1 of the U.S. Code. Also, the definition would include dealers who engage in assembly of boats or equipment, or installation of equipment in boats, after receipt from a manufacturer before the delivery to a consumer. (8) "Associated equipment" is defined as any independent system, part or component originally incorporated into a boat when manufactured or subsequently sold for replacement, repair, or improvement. It also includes any accessory or equipment for, or which becomes a part of or is attached to a boat, and marine safety articles used by persons on board a boat. (9) "Secretary" is defined as the Secretary of the department in which the Coast Guard is operating, and in current peace time government organization means the Secretary of Transportation. (10) This item clarifies that the word "State" includes Puerto Rico, the Virgin Islands, Guam and the District of Columbia, as well as state of the United States. Section 4 defines jurisdiction applicability. (a) The applicability of the act generally is to vessels within the Federal maritime jurisdiction. That jurisdiction includes the navigable waters of the United States, certain other waters which are in the exclusive jurisdiction of the United States, and also pertains to vessels of United States nationality while operating on the high seas beyond the territorial seas. (b) This subsection utilizes interstate commerce as the constitutional basis to extend the applicability of those sections of the Act pertaining generally to boat safety standards to certain boats in addition to those used on waters subject generally to Federal jurisdiction. (c) This subsection exempts foreign vessels temporarily using waters subject to U.S. jurisdiction, public vessels, state and municipal vessels, and ships' lifeboats from the general applicability of the Act. Specific sections of the Act do pertain to certain of these categories and that fact is indicated in the body of the sections which pertain. Section 5(a) establishes the authority for promulgation of boat and equipment safety standards. It requires that each standard be reasonable, meet the need for boating safety, and be stated, as least as much as is possible, in terms of performance rather than in terms of precise technical requirements. This section also creates the authority for the requiring of safety equipment on boats. It replaces the statutory requirements presently contained in the Motorboat Act of 1940, 46 U.S.C. 526b. et seq. By permitting the Secretary to require the use of certain equipment through regulation a much greater flexibility is permitted than presently exists in the statutory law. This section also creates the discretionary authority to prohibit the installation, carrying, or using of equipment which does not conform with promulgated safety standards, presumably where the use of such equipment would operate in derogation of boating safety. Subsection 5(b) requires that there shall be a minimum time of 6 months between the date of issuance of a boat safety standard and the time that it is effective unless the Secretary finds a critical hazard as a basis for an earlier effective date. In most cases actual notice to the public will, of course, precede formal issuance and to that extent the time available to anticipate change is increased. Item (2) directs that a regulation or safety standard shall not compel substantial alteration of a boat or item of associated equipment which is then in existence or the construction or manufacture of which is commenced before the date of that regulation or standard. The term "substantial alteration" includes, in addition to physical alteration, those changes which would result in unreasonable expense. Notwithstanding the proscription against substantial alteration the Secretary may make safety standards and regulations applicable to existing boats and equipment to an extent which is not unreasonable and in order to correct a significant safety hazard. Section 6 requires certain actions by the Secretary in the development of safety standards which are consistent with requirements imposed by 5 U.S.C. 551 et seq. Section 7 permits the Secretary to require or permit display of various seals and labels which could certify compliance with applicable standards. The seals or labels involved could be issued by the government, Federal or local, or could be those of private organizations. Section 8 will permit the delegation and contracting of assistance from within or without the government in carrying out the examination, inspection, and testing requirements connected with the promulgation of safety standards. Section 9 permits the Secretary to exempt boats or classes of boats from particular provisions of the act or from various regulations or standards, and otherwise to issue exemptions under the Act. Section 10 precludes the establishment or enforcement of state boat safety standards and equipment requirements which are not identical to Federal standards promulgated under Section 5 of the Act. Section 9 can be utilized to exempt states from the preemption herein in situations where a state, with the Secretary's concurrence, desires to impose a particular requirement to cover a unique situation. The section does not preempt state law or regulation directed at safe boat operation or use. The reason for such a preemption is to insure that manufacturers building for the entire domestic trade will not find themselves in the unfortunate position of having to comply with varying boat safety standards in different places. Section 11 creates a joint regulatory authority in the Secretary and in the Secretary of the Treasury for definition of circumstances under which nonconforming boats may be imported. Some authority is necessary in the Secretary of the Treasury because of his customs and other interest. The section requires that an imported boat will ultimately conform before its use in United States waters. Section 12 defines prohibited acts. It precludes the manufacture or construction of boats and equipment which do not comply with promulgated safety standards. Though technically it would require the backyard boat builder to comply, primary emphasis is on manufacturers, dealers, and importers. Additionally, this section precludes the use of labels and plates which in effect falsely certify compliance with standards. Practically, the label or seal would relate to compliance at the time of manufacture. Subsection (d) prohibits negligent use and derives from an existing provision in the Motorboat Act of 1940, 46 U.S.C. 5261. The ambiguous alternative "reckless or negligent" of the existing law has been altered because at least two courts have failed to treat the phrase as disjunctive and have equated it to "gross negligence". The section also continues the re |