Safety management system — Us Code Code § 3203
Us Code Code § 3203 — Safety management system. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.
§ 3203. Safety management system
(a)
(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) with respect to sexual harassment and sexual assault, procedures for, and annual training requirements for all responsible persons and vessels to which this chapter applies on—
(A) prevention;
(B) bystander intervention;
(C) reporting;
(D) response; and
(E) investigation;
(6) the list required under section 3106(a)(2) and the log book required under section 3106(a)(3);
(7) procedures for preparing for and responding to emergency situations; and
(8) procedures for internal audits and management reviews of the system.
(b)
(c)
(1)
(A)
(B)
(i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or
(ii) other failure of the safety management system resulted in the failure to comply with such section.
(2)
(A)
(B)
(C)
(i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or
(ii) that other failure of the safety management system resulted in the failure to comply with such section.
(d)
(e) 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; Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8441(c), Jan. 1, 2021, 134 Stat. 4744; Pub. L. 117–263, div. K, title CXVI, §11610(a), Dec. 23, 2022, 136 Stat. 4154.)
Editorial Notes
Amendments
2022—Subsec. (a)(5) to (8). Pub. L. 117–263, §11610(a)(1), added pars. (5) and (6) and redesignated former pars. (5) and (6) as (7) and (8), respectively.
Subsecs. (b) to (e). Pub. L. 117–263, §11610(a)(2), (3), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively.
2021—Subsec. (a). Pub. L. 116–283 inserted "(including, for purposes of this section, all covered small passenger vessels, as defined in section 3306(n)(5))" after "vessels to which this chapter applies" in introductory provisions.
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".
Statutory Notes and Related Subsidiaries
Flag-State Guidance and Supplements
Pub. L. 115–265, title II, §213, Oct. 11, 2018, 132 Stat. 3750, provided that:
"(a)
"(b)
"(1) work with recognized organizations to create a single United States Supplement to rules of such organizations for classification of vessels; and
"(2) by not later than 1 year after the date of the enactment of this Act, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on whether it is necessary to revise part 8 of title 46, Code of Federal Regulations, to authorize only one United States Supplement to such rules."
[For definitions of "Secretary" and "recognized organizations" as used in section 213 of Pub. L. 115–265, set out above, see section 203 of Pub. L. 115–265, set out as a note under section 2101 of this title.]
About This Section
46 U.S.C. § 3203 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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