46 U.S.C. § 3205 — Certification
submitted 30 years ago by Pub. L. 104-324 to r/title-46-SHIPPING · 344 words · no verdicts yet
After verifying compliance, the Secretary must issue the vessel’s Safety Management Certificate and Document of Compliance on request. The Secretary must review compliance and may revoke approvals and documents; Homeland Security may withhold clearance when the documents are missing.
(a) After verifying that the responsible person and vessel* comply with this chapter, the Secretary must, on the responsible person’s request, issue a Safety Management Certificate and a Document of Compliance.
(b) The responsible person must maintain those documents as the Secretary requires.
(c) The Secretary must periodically, or after Coast Guard information shows a failure—including during an audit or review under section 10104(e)—review whether an approved plan and each covered vessel comply with it, including regulations on emergency procedures and internal audits. If the person or vessel has not complied, the Secretary must revoke plan approval and each related certificate and document.
(d) At the Secretary’s request, Homeland Security must withhold or revoke a vessel’s clearance under section 60105 if the vessel is covered by this chapter or the International Safety Management Code and lacks the required certificate and copy of the document. Clearance may be granted after a satisfactory bond or other surety is filed.
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.
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.
The Secretary shall—
periodically, or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance 1 has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8), 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
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.
At the request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title 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 credit: (Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3929; amended Pub. L. 109–304, § 15(10), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 110–181, div. C, title XXXV, § 3529(b)(1)(A), Jan. 28, 2008, 122 Stat. 603; Pub. L. 117–263, div. K, title CXVI, § 11610(b), Dec. 23, 2022, 136 Stat. 4155.)
- 1996Enacted · Pub. L. 104-324 · 110 Stat. 3929
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1703
- 2008Amended · Pub. L. 110-181 · 122 Stat. 603
- 2022Amended · Pub. L. 117-263 · 136 Stat. 4155
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-324 on 1996-10-19.
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