Page:United States Statutes at Large Volume 110 Part 6.djvu/107

 PUBLIC LAW 104-324—OCT. 19, 1996 110 STAT. 3929 "(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 approval of the plan and each Safety Management Certificate and Document of Compliemce 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.

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