Page:United States Statutes at Large Volume 110 Part 6.djvu/106

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110 STAT. 3928 PUBLIC LAW 104-324—OCT. 19, 1996 "3202. Application. "3203. Safety management system. "3204. Implementation of safety management system. "3205. Certification. §3201. Definitions " In this chapter— "(1) 'International Safety Management Code' has the same meaning given that term in chapter IX of the Annex to the International Convention for the Safety of Life at Sea, 1974; "(2) 'responsible person' means— "(A) the owner of a vessel to which this chapter applies; or "(B) any other person that has— "(i) assimied the responsibility for operation of a vessel to which this chapter applies from the owner; and "(ii) agreed to assume with respect to the vessel responsibility for complying with all the requirements of this chapter and the regulations prescribed under this chapter. "(3) 'vessel engaged on a foreign voyage' means a vessel to which this chapter applies— "(A) arriving at a place under the jurisdiction of the United States from a place in a foreign country; "(B) making a voyage between places outside the United States; or "(C) departing from a place under the jurisdiction of the United States for a place in a foreign country. § 3202. Application "(a) MANDATORY APPLICATION.— Th is chapter applies to the following vessels engaged on a foreign voyage: "(1) Beginning July 1, 1998— "(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and "(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons. "(2) Beginning July 1, 2002, a freight vessel and a self- propelled mobile offshore drilling unit of at least 500 gross tons. "(b) VOLUNTARY APPLICATION.— Th is chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel. "(c) EXCEPTION.— Except as provided in subsection (b) of this section, this chapter does not apply to— "(1) a barge; "(2) a recreational vessel not engaged in commercial service; "(3) a fishing vessel; "(4) a vessel operating on the Great Lakes or its tributary and connecting waters; or "(5) a public vessel. "§ 3203. Safety management system Regulations. "(a) IN GENERAL.— The Secretary shall prescribe regulations which establish a safety management system for responsible persons and vessels to which this chapter applies, including— "(1) a safety and environmental protection policy;