Page:United States Statutes at Large Volume 85.djvu/246

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[85 STAT. 216]
PUBLIC LAW 92-000—MMMM. DD, 1971
[85 STAT. 216]

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 Secretary to not more than eighteen months in any case involving major product design, retooling, or major changes in the manufacturing process, unless the Secretary finds that there exists a boating safety hazard so critical as to require an earlier effective 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 compliance 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 regulations 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 regulations 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 established pursuant to section 33 of this Act regarding all of the foregoing considerations. DISPLAY OF LABELS E VI D E N C I N G

COMPLIANCE

SEC. 7. The Secretary may require or permit the display of seals, labels, plates, i n s i ^ i a, 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 person or agency, any work, business, or function respecting the examination, 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.