Page:United States Statutes at Large Volume 97.djvu/564
97 STAT. 532 PUBLIC LAW 98-89 —AUG. 26, 1983 Trade secrets and other confidential information, disclosure. 18 USC 1905. 5 USC 552, 18 USC 1905. "Associated equipment." (A) it conforms with this chapter or a regulation pre- scribed under this chapter; or (B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, includ- ing any markings on the outside of the container in which it is to be exported; (2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or (3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notifica- tion and reporting requirements of this chapter. (b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. § 4308. Termination of unsafe operation If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an espe- cially hazardous condition, the official may direct the operator of the recreational vessel to take immediate and reasonable steps neces- sary for the safety of individuals on board the vessel, including directing the operator to return to a mooring and to remain there until the situation creating the hazard is corrected or ended. § 4309. Investigation and reporting (a) A recreational vessel manufacturer to whom this chapter applies shall establish and maintain records and reports and provide information the Secretary may require to enable the Secretary to decide whether the manufacturer has acted or is acting in compli- ance with this chapter and regulations prescribed under this chap- ter. On request of an officer, employee, or agent authorized by the Secretary, a recreational vessel manufacturer shall permit the offi- cer, employee, or agent to inspect, at reasonable times, factories or other facilities, and records related to deciding whether the manu- facturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. (b) Information reported to or otherwise obtained by the Secretary or the representative of the Secretary under this section containing or related to a trade secret or other matter referred to in section 1905 of title 18, or authorized to be exempt from public disclosure by section 5520)) of title 5, is confidential under section 1905. However, on approval of the Secretary, the information may be disclosed to other officers, employees, or agents concerned with carrying out this chapter or when it is relevant in a proceeding under this chapter. § 4310. Repair and replacement of defects (a) In this section, "associated equipment" includes only items or classes of associated equipment that the Secretary shall prescribe by regulation after deciding that the application of the requirements of this section to those items or classes of associated equipment is reasonable and in furtherance of this chapter.