46 U.S.C. § 4302 — Regulations

(a) The Secretary may prescribe regulations—

(1) establishing minimum safety standards for recreational vessels and associated equipment, and procedures and tests to measure whether those standards are met. Each standard must meet the need for recreational-vessel^* safety and, when practicable, be stated in terms of performance;

(2) requiring the installation, carrying, or use of associated equipment on recreational vessels and classes of recreational vessels covered by this chapter. This includes fuel, ventilation, and electrical systems; sound-producing devices; firefighting equipment; lifesaving and signaling devices; ground tackle; life- and grab-rails; and navigational equipment. The regulations may also prohibit installing, carrying, or using associated equipment that does not meet safety standards established under this section; and

(3) requiring or permitting seals, labels, plates, insignia, or other devices that certify or show compliance with United States Government safety regulations and standards for recreational vessels and associated equipment.

(b) Each regulation under this section must state^* an effective date at least 180 days after the regulation is published, unless the Secretary finds that a recreational-vessel safety hazard is so critical that an earlier date is needed. For cases involving, in the Secretary’s discretion, major product design, retooling, or major changes in the manufacturing process, this period may not be more than 24 months.

(c) When prescribing regulations under this section, the Secretary must, among other things—

(1) consider the need for the regulations and the extent to which they will contribute to recreational-vessel safety;

(2) consider relevant available recreational-vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation;

(3) not require substantial alteration of a recreational vessel or associated-equipment item that already exists, or whose construction or manufacture began before the regulation’s effective date. Subject to that limit, the Secretary may require compliance or performance to avoid a substantial risk of personal injury to the public, as the Secretary considers appropriate in relation to the degree of hazard that compliance would correct; and

(4) consult the National Boating Safety Advisory Committee established under section 15105 of this title about the considerations in paragraphs (1) through (3).

(d) Section 8903 of this title does not apply to a vessel operated for bona fide dealer demonstrations provided without a fee to business invitees. However, if substantial evidence leads the Secretary to decide under this section that vessels operated this way must be under the control of licensed individuals for boating safety, the Secretary may prescribe regulations requiring the individuals controlling those vessels to be licensed in the same way provided in chapter 89 of this title for individuals controlling vessels carrying passengers for hire.

(e)(1) Under this section, unless paragraph (2) provides otherwise, a model year for recreational vessels and associated equipment begins on June 1 of one year and ends on July 31 of the following year. It is designated by the year in which it ends.

(2) At the request of a recreational-vessel manufacturer to which this chapter applies, the Secretary may change the model year for one model of recreational vessel made by that manufacturer and for associated equipment by no more than six months from the model year described in paragraph (1).