Page:United States Statutes at Large Volume 97.djvu/563

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 531 business invitees. However, if on the basis of substantial evidence, the Secretary decides under this section that requiring vessels so operated to be under the control of licensed individuals is necessary for boating safety, then the Secretary may prescribe regulations requiring the licensing of individuals controlling these vessels in the same manner as provided in chapter 89 of this title for individuals Post, p. 555. in control of vessels carr5ring passengers for hire. § 4303. Inspection and testing (a) Subject to regulations, supervision, and reviews that the Secre- tary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination neces- sary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under section 4302 of this title. (b) The Secretary may— (1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotia- tion or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and (2) subsequently sell those vessels. § 4304. Importation of nonconforming vessels and equipment The Secretary and the Secretary of the Treasury may authorize by joint regulations the importation of any nonconforming recre- ational vessel or associated equipment on conditions, including pro- viding a bond, that will ensure that the recreational vessel or Eissociated equipment will be Jbrought into conformity with applica- ble safety regulations and standards of the Government before the vessel or equipment is operated on waters subject to the jurisdiction of the United States. § 4305. Exemptions If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. § 4306. Federal preemption Unless permitted by the Secreta^ under section 4305 of this title, a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary's disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circum- stances within the State) that is not identical to a regulation pre- scribed under section 4302 of this title. § 4307. Prohibited acts (a) A person may not— (1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associat- ed equipment, or component of the vessel or equipment unless—

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