Page:United States Statutes at Large Volume 97.djvu/565

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 533 (b) If a recreational vessel or associated equipment has left the place of manufacture and the recreational vessel manufacturer discovers or acquires information that the manufacturer decides, in the exercise of reasonable and prudent judgment, indicates that a recreational vessel or associated equipment subject to an applicable regulation prescribed under section 4302 of this title either fails to comply with the regulation, or contsdns a defect that creates a substantial risk of personal injury to the public, the manufacturer shall provide notification of the defect or failure of compliance as provided by subsections (c) and (d) of this section within a reasonable time after the manufacturer has discovered the defect. (c)(l) The notification required by subsection (b) of this section shall be given to the following persons in the following manner: (A) by certified mail to the first purchaser for other than resale, except that the requirement for notification of the first purchaser shall be satisfied if the recreational vessel manufac- turer exercises reasonable diligence in establishing and main- taining a list of those purchasers and their current addresses, and sends the required notice to each person on that list at the address appearing on the list. (B) by certified mail to subsequent purchasers if known to the manufacturer. (C) by certified mail or other more expeditious means to the dealers and distributors of the recreational vessels or associated equipment. (2) The notification required by subsection (b) of this section is required to be given only for a defect or failure of compliance discovered by the recreational vessel msmufacturer within a reason- able time after the manufacturer has discovered the defect or failure, except that the manufacturer's duty of notification under paragraph (1)(A) and (B) of this subsection applies only to a defect or failure of compliance discovered by the manufacturer within one of the following appropriate periods: (A) if a recreational vessel or associated equipment required by regulation to have a date of certification affixed, 5 years from the date of certification. (B) if a recreational vessel or associated equipment not required by regulation to have a date of certification affixed, 5 years from the date of manufacture. (d) The notification required by subsection (b) of this section shall contain a clear description of the defect or failure to comply, an evaluation of the hazard reeisonably related to the defect or failure, a statement of the measures to correct the defect or failure, and an undertaking by the recreational vessel manufacturer to take those measures only at the manufacturer's cost and expense. (e) Each recreational vessel manufacturer shall provide the Secre- tary with a copy of all notices, bulletins, and other communications to dealers and distributors of that manufacturer, and to purchasers of recreational vessels or associated equipment of that manufac- turer, about a defect related to safety in the recreational vessels or associated equipment, and any failure to comply with the regulation or order applicable to the recreational vessels or associated equip- ment. The Secretary may publish or otherwise disclose to the public information in the notices or other information the Secretary has that the Secretary considers will assist in carrying out this chapter. However, the Secretary may disclose any information that contains Notification of defect or failure of compliance. Persons to be notified. Notification contents. Information disclosure.

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