§ 3204. Implementation of safety management system

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 title VI § 602(a) · 110 Stat. 3901

   Enacted · 46 U.S.C. § 3204

   (Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3929.)

   Source evidence

   Code source credit
   (Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3929.)

   Enacted provision · exact public law section
   (a) Management of Vessels.— Title 46, United States Code, is amended by adding after chapter 31 the following new chapter: “CHAPTER 32— MANAGEMENT OF VESSELS “Sec. “3201. Definitions “3202. Application. “3203. Safety management system. “3204. Implementation of safety management system. “3205. Certification. “§ 3201. Definitions “In this chapter— “(1) ‘International Safety Management Code’ has the same meaning given that term in chapter IX of the Annex to the International Convention for the Safety of Life at Sea, 1974; “(2) ‘responsible person’ means— “(A) the owner of a vessel to which this chapter applies; or “(B) any other person that has— “(i) assumed the responsibility for operation of a vessel to which this chapter applies from the owner; and “(ii) agreed to assume with respect to the vessel responsibility for complying with all the requirements of this chapter and the regulations prescribed under this chapter. “(3) ‘vessel engaged on a foreign voyage’ means a vessel to which this chapter applies— “(A) arriving at a place under the jurisdiction of the United States from a place in a foreign country; “(B) making a voyage between places outside the United States; or “(C) departing from a place under the jurisdiction of the United States for a place in a foreign country. “§ 3202. Application “(a) Mandatory Application.— This chapter applies to the following vessels engaged on a foreign voyage: “(1) Beginning July 1, 1998— “(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and “(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons. “(2) Beginning July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons. “(b) Voluntary Application.— This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel. “(c) Exception.— Except as provided in subsection (b) of this section, this chapter does not apply to— “(1) a barge; “(2) a recreational vessel not engaged in commercial service; “(3) a fishing vessel; “(4) a vessel operating on the Great Lakes or its tributary and connecting waters; or “(5) a public vessel. “§ 3203. Safety management system “(a) In General.— The Secretary shall prescribe regulations which establish a safety management system for responsible persons and vessels to which this chapter applies, including— “(1) a safety and environmental protection policy; “(2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and United States law; “(3) defined levels of authority and lines of communications between, and among, personnel on shore and on the vessel; “(4) procedures for reporting accidents and nonconformities with this chapter; “(5) procedures for preparing for and responding to emergency situations; and “(6) procedures for internal audits and management reviews of the system. “(b) Compliance With Code.— Regulations prescribed under this section shall be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. “§ 3204. Implementation of safety management system “(a) Safety Management Plan.— Each responsible person shall establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person to which this chapter applies will comply with the regulations prescribed under section 3203(a) of this title. “(b) Approval.— Upon receipt of a safety management plan submitted under subsection (a), the Secretary shall review the plan and approve it if the Secretary determines that it is consistent with and will assist in implementing the safety management system established under section 3203. “(c) Prohibition on Vessel Operation.— A vessel to which this chapter applies under section 3202(a) may not be operated without having on board a Safety Management Certificate and a copy of a Document of Compliance issued for the vessel under section 3205 of this title. “§ 3205. Certification “(a) Issuance of Certificate and Document.— After verifying that the responsible person for a vessel to which this chapter applies and the vessel comply with the applicable requirements under this chapter, the Secretary shall issue for the vessel, on request of the responsible person, a Safety Management Certificate and a Document of Compliance. “(b) Maintenance of Certificate and Document.— A Safety Management Certificate and a Document of Compliance issued for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary. “(c) Verification of Compliance.— The Secretary shall— “(1) periodically review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and “(2) revoke the Secretary’s approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan. “(d) Enforcement.— At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 U.S.C. App. 91) of a vessel that is subject to this chapter under section 3202(a) of this title or to the International Safety Management Code, if the vessel does not have on board a Safety Management Certificate and a copy of a Document of Compliance for the vessel. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary.”.

1 of 1 references resolved to an enrolled provision