US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 32: Management

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Inspection and regulation

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-CITE-

46 USC CHAPTER 32 - MANAGEMENT OF VESSELS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

CHAPTER 32 - MANAGEMENT OF VESSELS

-MISC1-

Sec.

3201. Definitions.

3202. Application.

3203. Safety management system.

3204. Implementation of safety management system.

3205. Certification.

-End-

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46 USC Sec. 3201 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

Sec. 3201. Definitions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110

Stat. 3928.)

-MISC1-

SAFETY MANAGEMENT CODE REPORT AND POLICY

Pub. L. 105-383, title III, Sec. 306, Nov. 13, 1998, 112 Stat.

3420, provided that:

"(a) Report on Implementation and Enforcement of the

International Safety Management Code. -

"(1) The Secretary of Transportation (in this section referred

to as the 'Secretary') shall conduct a study -

"(A) reporting on the status of implementation of the

International Safety Management Code (hereafter referred to in

this section as 'Code');

"(B) detailing enforcement actions involving the Code,

including the role documents and reports produced pursuant to

the Code play in such enforcement actions;

"(C) evaluating the effects the Code has had on marine safety

and environmental protection, and identifying actions to

further promote marine safety and environmental protection

through the Code;

"(D) identifying actions to achieve full compliance with and

effective implementation of the Code; and

"(E) evaluating the effectiveness of internal reporting and

auditing under the Code, and recommending actions to ensure the

accuracy and candidness of such reporting and auditing.

These recommended actions may include proposed limits on the use

in legal proceedings of documents produced pursuant to the Code.

"(2) The Secretary shall provide opportunity for the public to

participate in and comment on the study conducted under paragraph

(1).

"(3) Not later than 18 months after the date of the enactment

of this Act [Nov. 13, 1998], the Secretary shall submit to the

Congress a report on the results of the study conducted under

paragraph (1).

"(b) Policy. -

"(1) Not later than 9 months after submission of the report in

subsection (a)(3), the Secretary shall develop a policy to

achieve full compliance with and effective implementation of the

Code. The policy may include -

"(A) enforcement penalty reductions and waivers, limits on

the use in legal proceedings of documents produced pursuant to

the Code, or other incentives to ensure accurate and candid

reporting and auditing;

"(B) any other measures to achieve full compliance with and

effective implementation of the Code; and

"(C) if appropriate, recommendations to Congress for any

legislation necessary to implement one or more elements of the

policy.

"(2) The Secretary shall provide opportunity for the public to

participate in the development of the policy in paragraph (1).

"(3) Upon completion of the policy in paragraph (1), the

Secretary shall publish the policy in the Federal Register and

provide opportunity for public comment on the policy."

VESSEL MANAGEMENT METHODS STUDY

Section 602(c) of Pub. L. 104-324 provided that:

"(1) In general. - The Secretary of the department in which the

Coast Guard is operating shall conduct, in cooperation with the

owners, charterers, and managing operators of vessels documented

under chapter 121 of title 46, United States Code, and other

interested persons, a study of the methods that may be used to

implement and enforce the International Management Code for the

Safe Operation of Ships and for Pollution Prevention under chapter

IX of the Annex to the International Convention for the Safety of

Life at Sea, 1974.

"(2) Report. - The Secretary shall submit to the Congress a

report of the results of the study required under paragraph (1)

before the earlier of -

"(A) the date that final regulations are prescribed under

section 3203 of title 46, United States Code (as enacted by

subsection (a)[)]; or

"(B) the date that is 1 year after the date of enactment of

this Act [Oct. 19, 1996]."

INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA

For International Conventions for the Safety of Life at Sea to

which the United States has been a party, see section 1602 of Title

33, Navigation and Navigable Waters, and notes thereunder.

-End-

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46 USC Sec. 3202 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

Sec. 3202. Application

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110

Stat. 3928.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3204, 3205 of this title.

-End-

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46 USC Sec. 3203 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

Sec. 3203. Safety management system

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110

Stat. 3928.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3204 of this title.

-End-

-CITE-

46 USC Sec. 3204 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

Sec. 3204. Implementation of safety management system

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110

Stat. 3929.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3205 of this title.

-End-

-CITE-

46 USC Sec. 3205 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-

Sec. 3205. Certification

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110

Stat. 3929.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3204 of this title.

-End-