1625-0084 Stat/Auth

Page 39

§ 3205

TITLE 46—SHIPPING

(b) OTHER PASSENGER VESSELS.—This chapter
applies to a vessel that is—
(1) a passenger vessel or small passenger vessel; and
(2) is transporting more passengers than a
number prescribed by the Secretary based on
the number of individuals on the vessel that
could be killed or injured in a marine casualty.
(c) 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.
(d) EXCEPTION.—Except as provided in subsection (c) 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 that is not
described in subsection (b) of this section; or
(5) a public vessel.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19,
1996, 110 Stat. 3928; amended Pub. L. 108–293, title
IV, § 405(a), Aug. 9, 2004, 118 Stat. 1043; Pub. L.
111–281, title VI, § 610(a), Oct. 15, 2010, 124 Stat.
2969.)
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–281, § 610(a)(1), substituted ‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.—’’
for ‘‘MANDATORY APPLICATION.—’’ in heading.
Subsecs. (b) to (d). Pub. L. 111–281, § 610(a)(2)–(4),
added subsec. (b), redesignated former subsecs. (b) and
(c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted ‘‘subsection (c)’’ for
‘‘subsection (b)’’.
Subsec. (d)(4). Pub. L. 111–281, § 610(a)(5), inserted
‘‘that is not described in subsection (b) of this section’’
after ‘‘connecting waters’’.
2004—Subsec. (a). Pub. L. 108–293 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘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.’’

(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 to which this chapter applies under section 3202(a) of this title.
(c) In prescribing regulations for passenger
vessels and small passenger vessels, the Secretary shall consider—
(1) the characteristics, methods of operation,
and nature of the service of these vessels; and
(2) with respect to vessels that are ferries,
the sizes of the ferry systems within which the
vessels operate.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19,
1996, 110 Stat. 3928; amended Pub. L. 108–293, title
IV, § 405(b), Aug. 9, 2004, 118 Stat. 1043; Pub. L.
111–281, title VI, § 610(b), Oct. 15, 2010, 124 Stat.
2969.)
AMENDMENTS
2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
2004—Subsec. (b). Pub. L. 108–293 substituted ‘‘vessels
to which this chapter applies under section 3202(a) of
this title’’ for ‘‘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.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19,
1996, 110 Stat. 3929.)

§ 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;

§ 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.