Federal Agencies & Trade

On April 2, 2011, NBSAC told the Coast Guard to begin a rulemaking project to mandate that boaters in boats less than 18 feet in length wear life jackets while underway.

March 2011

Credit Unions are now able to offer 20-year loans for boat purchases in some circumstances. Read this member update to learn more.

On Nov. 17, 2008, the Department of Labor (DOL) published its final rule to implement the first-ever amendments to the Family and Medical Leave Act (FMLA), signed into law by President Bush in January 2008, which provide new military family leave entitlements and to update the regulations under the 15 year-old FMLA.

This document provides the text of final regulations implementing the Family and Medical Leave Act of 1993 (‘‘FMLA’’),

Opinion affirming Distrct Court ruling that vessels are not exempted from the Clean Water Act NPDES program

Bill to postpone the NPDES permits for small commercial vessels and fishing vessels

Submitted by the United Kingdom -- Providing a balanced approach to addressing the potential impacts of the recreational boating sector on the marine environment

Submitted by Friends of the Earth -- The impact of small craft on the marine environment -- potential effects and possible action required by IMO

Submitted by Barbados, Croatia, New Zealand and FOEI -- The impact of small craft on the marine environment - proposed draft IMO guidelines

June 2, 2011

Updated March 3, 2011

The National Marine Manufacturers Association Transportation Task Force has developed this document to provide boat manufacturers and professional boat transporters with a clearly defined set of recommended best practices.

Letter from NMMA to AASHTO dated 3/29/2007 seeking a change to the boat specialized equipment rule

NMMA Proposal dated March 29, 2007

NHTSA equires ESC systems on all new passenger cars and trucks and asked for comments on how these systems interact with trailers.

Email to NMMA from the Federal Highway Administration Office of Freight Management and Operations Clarifying that: Regarding Oversize Permits, Federal Law Imposes No Nondivisibility Requirement for Vehicle Width

The Trailer Safety Industry Coalition has prepared the following "recommended practices" to be used as guidelines for assembly of the fastening systems for aluminum and steel wheels on trailers." These guidelines, if followed, are expected to reduce the rate of claims for torque loss on wheel fasteners and the number of wheel separation incidents within the trailer industry. The technical committee which prepared these guidelines is comprised of representatives from NMMA, National Association of Trailer Manufacturers, Recreation Vehicle Industry Association, National Truck Equipment Association, and a range of steel wheel, aluminum wheel, axle and trailer manufacturers.

Reg Alert -- NHTSA has announced the procedures that must be followed by manufacturers to ensure that their Early Warning Reporting Data Remains confidential

The Tennessee Department of Safety has issued a response to NMMA regarding the state’s VIN stamping requirement, clarifying that this does include and apply to boat trailers. Tenn. Code Ann. 55-5-106(f)(3), effective December 31, 2004, requires any trailer sold in the State of Tennessee, to have the VIN stamped onto the metal body or metal tongue. This includes those trailers manufactured in TN for sale in state, as well as any trailer manufactured out of state but sold in TN. NMMA sought clarification because of member questions arising from some ambiguity in the definition of “trailer” in the legislation.

New Vehicle Capacity Weight and Tire Information Regulations & New final rule on lamps and reflective devices issued by NHTSA

This notice provides guidance concerning best practices to be followed by importers of motor vehicles and motor vehicle equipment to reduce the likelihood of importing products that contain defects related to motor vehicle safety or do not comply with applicable Federal motor vehicle safety standards.

Nov. 25, 2011 - Advanced Notice of Proposed Rulemaking

Nov. 15, 2011 -- proposed rule.

Nov. 2011

September 6, 2011 - included two attachments

August 2011 -- an attachement to NMMA's Sept. 6th comments to USCG

September 2011 - Attachment to NMMA's Sept. 6th Comments

Advanced Notice of Rulemaking published on June 8, 2011 - comments are due on September 6, 2011

May 27, 2011 regarding Direct Final Rule on Inflatable Personal Flotation Devices

Dated March 10, 2011 -- includes the USCG plan of action for numerous areas of interest to the boating industry.

Interim Policy for the Sharing of Information Collected by the Coast Guard in the Nationwide Automatic Identification System

Provide guidance on funding of Sport Fish Restoration and Boating Trust Fund -- recommends a new excise tax on non-powered boats

NMMA offers the following comments in response to the U.S. Coast Guard’s announced voluntary interim measures for certain domestic passenger vessels to account for increased passenger and vessel weight when determining the vessel passenger capacity.

Nov. 9, 2007 letter to Sec. Chertoff responding to recent press reports on new restrictions of boaters and a new boater ID requirement.

NMMA Presentation at Small Vessel Security Summit June 2007

On March 31, 2005, NMMA sent the U.S. Coast Guard Office of Boating Safety a letter outlining our members’ concerns with changing the current 12-digit hull identification number (HIN) format, which could result in significant costs for our members.

On June 2, 2006, NMMA sent the U.S. Coast Guard and National Oceanic and Atmospheric Administration comments on critical habitat designation for elkhorn and staghorn corals.

Nov. 2008 NBSAC Resolution on grantees need to have objective measurements of effectiveness

Nov. 2008 Resolution supporting HIN expansion alternative project with manufacturers and NICB

NAVSAC Resolution 10-02 adopted on June 23, 2010 recommending that no changes to the Inland Navigation Rules are necessary and recognizing ABYC A-16.

The ‘Snapshot’ document is the result of a team of researchers from the Coast Guard’s Boating Safety Division, led by Dr. Glenn Haas of Colorado State University, who explored past and current factors affecting recreational boating, as well as how these changing factors may influence recreational boating participation in the future.

NOAA proposes to establish the Florida Keys National Marine Sanctuary as a no discharge zone. 2/17/2010

NMMA on February 28 submitted comments to the National Marine Protected Areas Center of NOAA regarding its Draft Framework for Developing the National System of Marine Protected Areas.

NMMA Comments to NOAA, National Marine Fisheries Service on plan for elkhorn and staghorn corals as threatened species under the Endangered Species Act

NMMA submitted comments on the National Oceanic and Atmospheric Administration (NOAA) proposal to establish marine reserves in the Channel Island National Marine Sanctuary. NOAA is proposing to increase the size of the sanctuary by roughly 20%. NOAA also proposes to institute limited and no-take zones throughout the area that would prohibit fishing and other “extractive activities” in the area through designations of marine reserves, marine parks and marine conservation areas.

On June 2, 2006, NMMA sent the U.S. Coast Guard and National Oceanic and Atmospheric Administration comments on critical habitat designation for elkhorn and staghorn corals.

NMMA on April 15, 2005 filed comments with the National Marine Sanctuaries Program regarding the Florida Keys National Marine Sanctuary Draft Revised Management Plan, which details already implemented management strategies and charts the Sanctuary’s upcoming management strategies, including scientific research, community involvement, education, and vessel regulations.

On April 1, 2005, NMMA filed comments with the National Marine Fisheries Service on the Pre-Draft of the Atlantic Highly Migratory Species Fishery Management Plan.

On July 22, 2005, NMMA filed comments with the National Oceanic and Atmospheric Administration regarding its Notice of Intent to prepare an Environmental Impact Statement for a Right Whale Ship Strike Reduction Strategy. In the comments, NMMA urged the Agency to refrain from placing undue restrictions on recreational boaters, which do not pose a significant risk to Right Whales.

On March 14, 2005, NMMA filed extensive comments with the National Marine Fisheries Service (NMFS) in response to its Notice of Public Scoping and Intent to Prepare an Environmental Impact Statement on New Criteria for Sound Exposure Threshold Guidelines for Marine Mammals under the Marine Mammal Protection Act and Endangered Species Act.

On January 11, 2005, the National Marne Fisheries Service (NMFS) announced it is drafting an Environmental Impact Statement considering new criteria related to human-caused noise in the marine environment and its impacts on marine mammals. This White Paper explains the current NMFS process and explores the implications this effort will have on the recreational boating community. NMFS is holding a series of hearings on this issue during January, and NMMA encourages members from the boating community to attend.

NMMA on May 26, 2004 filed comments with the U.S. Commission on Ocean Policy, a 16-member commission mandated by Congress and appointed by President Bush to assess the management of U.S. national ocean policy. Although NMMA broadly supports the Commission’s findings, isolated aspects of the report deserved clarification.

On Nov. 1, 2005, NMMA filed comments with the White House Council on Environmental Quality Interagency Ocean Policy Group regarding the U.S. Commission on Ocean Policy's Final Report.

NMMA’s comments to the National Invasive Species Council’s National Invasive Species Management Plan

On February 17, 2006, NMMA filed comments with the National Park Service on the 2005 Draft Management Plan.

NMMA on June 30, 2006 filed comments with the National Park Service on the revised June 2006 Draft Management Plan.

May 16, 2011

May 16, 2011

May 16, 2011

On June 13, 2005, NMMA filed comments with the U.S. Fish and Wildlife Service regarding the Service's 5-year review of manatee protection and management policies. NMMA encouraged the Service to consider important bioacoustic research on manatees which may call into question the wisdom of slow-speed zones for boats in some circumstances.

On April 4, 2006, NMMA filed comments with the Bureau of Reclamation regarding the Lake Berryessa Visitor Services Plan Draft Environmental Impact Statement. NMMA urged the Bureau to fully consider the economic and social impacts any changes would have on recreational boaters.

On Dec. 16, 2005, NMMA filed comments with the Bureau of Land Management regarding its draft management plan for the California Coastal National Monument. The plan proposes several management approaches to a vast area off the entire California coast. The monument includes nearly 20,000 rocks, small islands, and pinnacles--about 1,000 acres in all. NMMA's comments focused on boating access, noise, water quality and other issues.

NMMA tells EPA & NHTSA to consider towing capacity in new CAFE Standards.

NMMA and the National Marine Charter Association on Jan. 26 sent a letter to the Dept. of Transportation request a 90-day extension of the comment period for its ANPRM on Nondiscrimination on the Basis of Disability; Passenger Vessels.

The Access Board is developing Passenger Vessel Accessibility Guidelines to establish the standards for vessels under Title III of the Americans with Disabilities Act. The Department of Transportation will adopt these guidelines as its minimum standards in regulations requiring nondiscrimination and accessibility in passenger vessel service. These proposed standards would apply to all kinds of passenger vessels including charter boats and potentially boat rentals or bareboat charters. NMMA is seeking information from its members so it can be a strong advocate for the industry on these new requirements.

The Architectural and Transportation Barriers Compliance Board is developing Passenger Vessel Accessibility Guidelines to establish the standards for vessels under Title III of the Americans with Disabilities Act.

On July 25, 2005, NMMA testified regarding a proposed rule to develop guidelines which address accessibility under the American with Disabilities Act to and within newly constructed or altered passenger vessels.

NMMA comments to the U.S. Deparment of Transportation on its proposal to establish new anti-discrimination rules under the Americans with Disabilities Act for vessel operators.

NMMA on July 30 sent a paper to the National Transportation Safety Board (NTSB) registering its opposition to federal legislation which would require adults aboard recreational boats (except personal watercraft) to wear a personal flotation device (PFD). NMMA expressed its steadfast commitment to reducing boating accidents and related injuries and fatalities though a series of effective safety measures short of a legislative mandate on adult PFD wear.

NMMA and MOAA on Nov. 12 filed a second round of comments with the California Regional Water Quality Control Board regarding its resolution to adopt an amendment to the Water Quality Control Plan for the San Diego Region to incorporate a total daily maximum load for dissolved copper in the Shelter Island Yacht Basin. NMMA and MOAA had jointly filed comments previously on Dec. 9, 2003.

NMMA and MOAA on Dec. 13, 2003 filed comments with the California Regional Water Quality Control Board for the San Diego Region during the Public Review phase of its Draft of the Total Maximum Daily Load for Dissolved Copper in Shelter Island Yacht Basin, San Diego Bay. NMMA filed a second round of comments on this issue on Nov. 12, 2004.

NMMA’s comments to the National Invasive Species Council’s National Invasive Species Management Plan

January 13, 2012

Apr. 17, 2010 - NMMA members are concerned about the cost and time spent on Lacey Act import declarations.

Alert for Manufacturers and importers on new Lacey Act requirements for certain imports - updated Sept. 2009

NMMA urges agency to slow down and not impose a Lacey declaration requirement on imported boats

This is the recently adopted EU regulation. It is simpler than the U.S. Lacey Act as it only covers the placing of timber products in the EU market for the first time. It does not include any finished products containing wood. So boats as products are not covered by the scope of the regulation, and only the import of wood as raw material will be covered. Dates of entry into force will be published in the EU Official Journal.

This new law passed as part of the 2008 Farm Bill goes into effect on December 15, 2008 and will effect declarations made for all imports of plant and wood products

Includes APHIS schedule for declaration requirement under Lacey Act

NMMA on July 9, 2009 joined its partners in the business community applauding U.S. Trade Representative Kirk's plans to resume negotiations on an Anti-Counterfeiting Trade Agreement (ACTA).

Mexico has released a list in Spanish (including HTS codes) of products that will be subject to tariff's if the U.S. does not change its policy regarding Mexican truck travel in the U.S.

On Dec. 21, 2005, NMMA filed comments with the Dept. of Commerce identifying significant barriers to U.S. exports of goods for inclusion in the National Trade Estimate, specifically with respect to Japanese regulatory barriers for recreational boats and engines.

Japan continues to maintain an inspection system for imported boats and marine engines which is unique in the world in its severity and complexity and which has the effect of seriously impeding market access for American manufacturers. NMMA comments to assist the Trade Policy Staff Committee in identifying significant barriers to U.S. export of goods for the inclusion in the National Trade Estimate (NTE)

The Honorable Ron Kirk, United States Trade Representative May 2009 etter to encourage Doha Discussions

Boats and personal watercraft on retaliation list. March 2010

The Consumer Product Safety Commission has determined that portable outboard marine fuel tanks are not subject to its regulation under the Children’s Gasoline Burn Prevention Act (“the Act”) (Pub. L. 110-278, July 17, 2008). The Act requires that certain portable gas containers have child resistant caps. See question #5.

CPSC's Nov. 2008 letter stating that the Consumer Product Safety Improvement Act does not change the exemption for boats and associated equipment in particular for life jackets

This Powerpoint presentation gives a wealth of information about the VHDPA. Note that this was written before the 2008 amendments.

These amendments allow vessel designers to more clearly opt for protection of a vessel's hull and deck.

Boat and PWC dealers now have a threshold of $30 million in receipts to qualify for Small Business Administration loans. Dealers can use this standard or the alternative size standard to qualify.

Filed August 5, 2009

January 12, 2012

Dec. 30, 2011

August 17,2010

August 19, 2011

SBA OA cites NMMA comments in letter to the Department of Labor.

Deadline is Nov 17, 2010! Use this letter to tell the agency you oppose the proposed rule.

Understand the proposal here.

The Small Business Health Care Tax Credit helps small businesses and small tax-exempt organizations afford the cost of covering their employees. To determine if your small business or tax exempt organization qualifies for the Small Business Health Care Tax Credit, follow the three simple steps on this Fact Sheet. For more information go to www.irs.gov.

Slated for April 17, 2012

Oct 24, 2011 filed in EPA's misfueling rule docket to provide the agency information on the recent NREL studies.

Filed with the U.S. Court of Appeals, D.C. Circuit on July 13, 2011

March 23, 2011

Lead Gasoline Misfueling Controls

Jan. 3, 2011

Jan. 2011

Oct. 2011

Mar. 29, 2011

Webinar gives an overview of the NCCUSL drafting project, the draft Act and its branding provisions

July 29, 2011