46 U.S. Code § 3205 - Certification
prev | next
(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
(d) Enforcement.— 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(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.)
2006—Subsec. (d). Pub. L. 109–304, § 15(10), as amended by Pub. L. 110–181, substituted “Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title” for “Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91)”.
Effective Date of 2008 Amendment