Page:United States Statutes at Large Volume 110 Part 6.djvu/166

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110 STAT. 3988 PUBLIC LAW 104-324—OCT. 19, 1996 (2) Any vessel delivered by a shipbuilder, following completion of construction, on or after May 1, 1995, and before January 31, 1996. (3) Any vessel owned on September 1, 1996, by a person that is a citizen of the United States under section 2 of the Shipping Act, 1916, or a replacement for such a vessel. (4) Any vessel with respect to which pa3anents have been made under subtitle B of title VI of the Merchant Marine Act, 1936 for at least 1 year. 46 USC app. SEC. 1137. VESSEL STANDARDS. (a) CERTIFICATE OF INSPECTION.— ^A vessel used to provide transportation service as a common carrier which the Secretary of Transportation determines meets the criteria of section 651(b) of the Merchant Marine Act, 1936, but which on the date of enactment of this Act is not a docimiented vessel (as that term is defined in section 2101 of title 46, United States Code), shall be eligible for a certificate of inspection if the Secretary determines tha1>- (1) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Secretary; (2) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and (3) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel. (b) CONTINUED ELIGIBILITY FOR CERTIFICATE.— Subsection (a) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection (a)(2). (c) RELIANCE ON CLASSIFICATION SOCIETY.— (1) IN GENERAL. —The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of subsections (a) and (b). (2) FOREIGN CLASSIFICATION SOCIETY.— The Secretary may accept certification from a foreign classification society under paragraph (1) only— (A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and (B) if the foreign classification society has offices and maintains records in the United States. SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED STATES. (a) IN GENERAL.—Section 3 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903) is amended— (1) in subsection (c)(2) by striking "and" after the semicolon in subparagraph (A), by striking the period at the end of subparagraph (B) and inserting "; and", and by adding at the end the following new subparagraph: