Page:United States Statutes at Large Volume 90 Part 2.djvu/1021

 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.

Oct. 17, 1976 [H.R. 13585]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Federal Boat Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) is Safety Act of 1971, amended as follows: amendments. (1) Section 4 is amended by adding a new subsection to read as 46 USC 1453. follows: "(d) Until such time as there is a final judicial determination that New Hampshire, they are navigable waters of the United States, the following waters navigable waters. lying entirely within the State of New Hampshire, to wit: Lake Winnisquam, 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- 46 USC 1454. 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 46 USC 1457. subsection designation " (a) ", and adding a new subsection to read as follows: "(b) The Secretary may conduct research, testing, and development Research and as necessary to carry out the purposes of this Act, including the pro- testing. 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 Repair or end thereof, "defect.", and by inserting in lieu thereof "defect: Pro- replacement of vided, That the manufacturer's duty of notification under subsection defects. (b)(1) and subsection (b)(2) of this section applies only to defects 46 USC 1464. 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.".

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