U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part B— Inspection and Regulation of Vessels › Chapter CHAPTER 43— RECREATIONAL VESSELS

46 U.S.C. § 4303

Inspection and testing

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(a) Subject to regulations, supervision, and reviews that the Secretary 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 necessary 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 negotiation or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and(2) subsequently sell those vessels.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

4303

46:1457

Section 4303 authorizes the Secretary to delegate to certain persons or agencies or organizations any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement. The Secretary may also conduct research, testing, and development necessary to carry out this chapter, including procurement of vessels and equipment and their subsequent sale. The Committee wishes to make clear that the Secretary may sell anything that was purchased to test.

Notes of Decisions
Cited in 9 cases, 1995–2001 · leading case: Lady v. Neal Glaser Marine, Inc., 228 F.3d 598 (5th Cir. 2000).
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Lady v. Neal Glaser Marine, Inc., 228 F.3d 598 (5th Cir. 2000). · cites it 2× “See 46 U.S.C. § 4303 (a) 5 . The Secretary exercised that option and delegated to the Commandant of the United States Coast Guard the duty of “[c]arry[ing] out the functions vested in the Secretary by the .”
Sprietsma v. Mercury Marine, 757 N.E.2d 75 (Ill. 2001). “The Secretary may delegate regulatory functions to an organization or agency under his supervision ( 46 U.S.C. § 4303 (a) (1994)) and, in fact, has delegated the regulatory authority to the Commandant of the United States Coast Guard ( 49 C.”
Joan Carstensen v. Brunswick Corp., 49 F.3d 430 (8th Cir. 1995). “" 46 U.S.C. § 4303 (a). Pursuant to § 4303(a), the Secretary of Transportation has delegated his powers and duties under the Act to the Commandant of the Coast Guard.”
Moss v. Outboard Marine Corp., 915 F. Supp. 183 (E.D. Cal. 1996). “See 46 U.S.C. § 4303 (a); H.R.Rep. No. 338, 98th Cong.”
Sprietsma v. Mercury Marine, 729 N.E.2d 45 (Ill. App. Ct. 1st Dist. 2000). “See 46 U.S.C. § 4303 (a) (1994). The United States Coast Guard has been designated as that agency.”
Ard v. Jensen, 996 S.W.2d 594 (Mo. Ct. App. 1999). “]” 46 U.S.C § 4303. The Secretary acted on that authority and delegated to the Coast Guard’s commandant the duty of “[e]ar-ry[ing] out the functions vested in the Secretary by the .”
Sprietsma v. Mercury Marine Dissent Corrected, 757 N.E.2d 75 (Ill. 2001). · cites it 2× “The Secretary may delegate regulatory functions to an organization or agency under his supervision ( 46 U.S.C. §4303 (a) (1994)) and, in fact, has delegated the regulatory authority to the Commandant of the United States Coast Guard ( 49 C.”
Lady v. Outboard Marine Corp., 66 F. Supp. 2d 818 (S.D. Miss. 1999). “1 OMC argues that Plaintiffs state common law claims, based upon the failure of Defendant to install propeller guards, are preempted by the FBSA, 46 U.S.C. § 4303 . Plaintiff disagrees and further contends that the § 4311(g) savings clause permits maintenance of his product…”
Sprietsma v. Mercury Marine, No. 1-99-0012 (Ill. App. Ct. 1st Dist. Apr. 6, 2000). “See 46 U.S.C. § 4303 (a). The United States Coast Guard has been designated as that agency.”
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