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Shipping - 46 USC Section 3205

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01/19/04


Sec. 3205. Certification


(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
(2) revoke the Secretary's approval of the plan and each Safety
Management Certificate and Document of Compliance issued to the
person for a vessel to which the plan applies, if the Secretary
determines that the person or a vessel to which the plan applies
has not complied with the plan.
(d) Enforcement. - At the request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance required by
section 4197 of the Revised Statutes (46 U.S.C. App. 91) 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.

Last modified: April 20, 2006