91ST CONGRESS, 1ST SESSION, H.R. 15041, H.R. 15140

BILLS

To provide for a coordinated national boating safety program. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the Federal Boat Safety Act 4 of 1969.

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DECLARATION OF POLICY AND PURPOSE

6. SEC. 2. It is hereby declared to be the policy of Congress 7 and the purpose of this Act to improve boating safety and 8 to foster greater development, use, and enjoyment of all the 9 waters of the United States by encouraging and assisting 10 participation by the several States, the boating industry, and 11 the boating public, in development of more comprehensive

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1 boating safety programs; by authorizing the establishment 2 of national construction and performance standards for boats 3 and associated equipment; and by creating more flexible 4 regulatory authority concerning the use of boats and equip5 ment. It is further declared to be the policy of Congress to 6 encourage greater and continuing uniformity of boating laws 7 and regulations as among the several States and the Federal 8 Government, a higher degree of reciprocity and comity 9 among the several jurisdictions, and closer cooperation and 10 assistance between the Federal Government and the several 11 States in developing, administering, and enforcing Federal 12 and State laws and regulations pertaining to boating safety.

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DEFINITIONS

SEC. 3. As used in this Act, and unless the context other

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(1) "Boat" means any vessel not more than sixty-five 17 feet in length, measured from end to end over the deck 18 excluding sheer, and—

(A) manufactured or used primarily for noncommercial use; or

(B) leased, rented, or chartered to another for the

latter's noncommercial use; or

(C) engaged in the carrying of six or fewer pass

engers.

(2) "Vessel" includes every description of watercraft,

1 other than a seaplane on the water, used or capable of being

2 used as a means of transportation on the water.

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(3) "Undocumented vessel" means a vessel which does

4 not have and is not required to have a valid marine docu

5 ment as a vessel of the United States;

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(4) "Use" means operate, navigate, or employ.

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(5) "Passenger" means every person carried on board

8 a vessel other than

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(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 posses19 sion of a vessel 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 associated equipment; or

(B) the manufacture or construction of components

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for boats and associated equipment to be sold for subse

quent assembly; or

(C) the importation into the United States for sale of boats, associated equipment, or components

thereof.

(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; and

(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.

(9) "Secretary" means the Secretary of the Department 16 in which the Coast Guard is operating.

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(10) "State" means a State of the United States, the 18 Commonwealth of Puerto Rico, the Virgin Islands, Guam,

19 and the District of Columbia.

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APPLICABILITY

SEC. 4. (a) This Act applies to vessels and associated

22 equipment used, to be used, or carried in vessels used, on 23 waters subject to the jurisdiction of the United States and on 24 the high seas beyond the territorial seas for vessels owned in the United States.

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1 (b) Sections 5 through 11 and subsections 12 (a) and 2 12 (b) of this Act are applicable also to boats moving or 3 intended to be moved in interstate commerce.

4 (c) This Act, except those sections where the content

5 expressly indicates otherwise, does not apply to

(1) foreign vessels temporarily using waters subject to United States jurisdiction;

(2) public vessels of the United States;

(3) vessels of a State or political subdivision

thereof; or

(4) ships' lifeboats.

BOAT AND ASSOCIATED EQUIPMENT STANDARDS

AND USE

SAFETY REGULATIONS AND STANDARDS

SEC. 5. (a) The Secretary may issue regulations

(1) establishing minimum safety standards for boats and associated 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; and

(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 equipment which does