[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR96.340]



[Page 239-240]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 96_RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY MANAGEMENT 

SYSTEMS--Table of Contents

 

    Subpart C_How Will Safety Management Systems Be Certificated and 

                                Enforced?

 

Sec. 96.340  Safety Management Certificate: what is it and when is it 

needed?



    (a) Your U.S. vessel engaged on a foreign voyage must hold a valid 

Safety Management Certificate if it carries more than 12 passengers, or 

if it is a tanker, bulk freight vessel, freight vessel, or a self-

propelled mobile offshore drilling unit of 500 gross tons or more.

    (b) Your U.S. vessel may voluntarily hold a valid Safety Management 

Certificate even if your vessel is not required to by paragraph (a) of 

this section.

    (c) Your U.S. vessel may only be issued a Safety Management 

Certificate or have it renewed when your company holds a valid Document 

of Compliance certificate issued under Sec. 96.330 of this part and the 

vessel has completed a satisfactory safety management audit of the 

vessel's safety management system set out in Sec. 96.320 of this part.

    (d) A copy of your vessel's valid Safety Management Certificate must 

be on board all U.S. and foreign vessels which carry more than 12 

passengers, and must be on board a tanker, bulk freight vessel, freight 

vessel, or a self-propelled mobile offshore drilling unit of 500 gross 

tons or more, when engaged on foreign voyages or within U.S. waters.

    (e) A Safety Management Certificate is valid for 60 months. The 

validity of the Safety Management Certificate is based on--

    (1) A satisfactory initial safety management audit;

    (2) A satisfactory intermediate verification audit requested by the 

vessel's responsible person, completed between the 24th and 36th month 

of the certificate's period of validity; and

    (3) A vessel's company holding a valid Document of Compliance 

certificate. When a company's Document of Compliance certificate expires 

or is revoked, the Safety Management Certificate for the company-owned 

vessel(s) is invalid.

    (f) Renewal of a Safety Management Certificate requires the 

completion of a satisfactory safety management system audit which meets 

all of the requirements of subpart B in this part. A



[[Page 240]]



renewal of a Safety Management Certificate cannot be started unless the 

company which owns the vessel holds a valid Document of Compliance 

certificate.

    (g) Only the Coast Guard may revoke a Safety Management Certificate 

from a U.S. vessel. The Safety Management Certificate will be revoked 

if--

    (1) The vessel's responsible person has not completed an 

intermediate safety management audit required by paragraph (e)(2) of 

this section; or

    (2) Major non-conformities are found in the vessel's safety 

management system during a safety management audit or other related 

survey or inspection being completed by the Coast Guard or the 

recognized organization chosen by the vessel's responsible person.



[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by USCG-1999-5832, 

64 FR 34712, June 29, 1999]