Shipping - 46 USC Section 3201

01/19/04

Sec. 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) assumed 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.

SAFETY MANAGEMENT CODE REPORT AND POLICY
Pub. L. 105-383, title III, Sec. 306, Nov. 13, 1998, 112 Stat.
3420, provided that:
"(a) Report on Implementation and Enforcement of the
International Safety Management Code. -
"(1) The Secretary of Transportation (in this section referred
to as the 'Secretary') shall conduct a study -
"(A) reporting on the status of implementation of the
International Safety Management Code (hereafter referred to in
this section as 'Code');
"(B) detailing enforcement actions involving the Code,
including the role documents and reports produced pursuant to
the Code play in such enforcement actions;
"(C) evaluating the effects the Code has had on marine safety
and environmental protection, and identifying actions to
further promote marine safety and environmental protection
through the Code;
"(D) identifying actions to achieve full compliance with and
effective implementation of the Code; and
"(E) evaluating the effectiveness of internal reporting and
auditing under the Code, and recommending actions to ensure the
accuracy and candidness of such reporting and auditing.
These recommended actions may include proposed limits on the use
in legal proceedings of documents produced pursuant to the Code.
"(2) The Secretary shall provide opportunity for the public to
participate in and comment on the study conducted under paragraph
(1).
"(3) Not later than 18 months after the date of the enactment
of this Act [Nov. 13, 1998], the Secretary shall submit to the
Congress a report on the results of the study conducted under
paragraph (1).
"(b) Policy. -
"(1) Not later than 9 months after submission of the report in
subsection (a)(3), the Secretary shall develop a policy to
achieve full compliance with and effective implementation of the
Code. The policy may include -
"(A) enforcement penalty reductions and waivers, limits on
the use in legal proceedings of documents produced pursuant to
the Code, or other incentives to ensure accurate and candid
reporting and auditing;
"(B) any other measures to achieve full compliance with and
effective implementation of the Code; and
"(C) if appropriate, recommendations to Congress for any
legislation necessary to implement one or more elements of the
policy.
"(2) The Secretary shall provide opportunity for the public to
participate in the development of the policy in paragraph (1).
"(3) Upon completion of the policy in paragraph (1), the
Secretary shall publish the policy in the Federal Register and
provide opportunity for public comment on the policy."
VESSEL MANAGEMENT METHODS STUDY
Section 602(c) of Pub. L. 104-324 provided that:
"(1) In general. - The Secretary of the department in which the
Coast Guard is operating shall conduct, in cooperation with the
owners, charterers, and managing operators of vessels documented
under chapter 121 of title 46, United States Code, and other
interested persons, a study of the methods that may be used to
implement and enforce the International Management Code for the
Safe Operation of Ships and for Pollution Prevention under chapter
IX of the Annex to the International Convention for the Safety of
Life at Sea, 1974.
"(2) Report. - The Secretary shall submit to the Congress a
report of the results of the study required under paragraph (1)
before the earlier of -
"(A) the date that final regulations are prescribed under
section 3203 of title 46, United States Code (as enacted by
subsection (a)[)]; or
"(B) the date that is 1 year after the date of enactment of
this Act [Oct. 19, 1996]."
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA
For International Conventions for the Safety of Life at Sea to
which the United States has been a party, see section 1602 of Title
33, Navigation and Navigable Waters, and notes thereunder.

Last modified: April 20, 2006