[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: 33CFR96.380]



[Page 241]

 

                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. 96.380  How will the Coast Guard handle compliance and enforcement 

of these regulations?



    (a) While operating in waters under the jurisdiction of the United 

States, the Coast Guard may board a vessel to determine that--

    (1) Valid copies of the company's Document of Compliance certificate 

and Safety Management Certificate are on board, or evidence of the same 

for vessels from countries not party to Chapter IX of SOLAS; and

    (2) The vessel's crew or shore-based personnel are following the 

procedures and policies of the safety management system while operating 

the vessel or transferring cargoes.

    (b) A foreign vessel that does not comply with these regulations, or 

one on which the vessel's condition or use of its safety management 

system do not substantially agree with the particulars of the Document 

of Compliance certificate, Safety Management Certificate or other 

required evidence of compliance, may be detained by order of the COTP or 

OCMI. This may occur at the port or terminal where the violation is 

found until, in the opinion of the detaining authority, the vessel can 

go to sea without presenting an unreasonable threat of harm to the port, 

the marine environment, the vessel or its crew. The detention order may 

allow the vessel to go to another area of the port, if needed, rather 

than stay at the place where the violation was found.

    (c) If any vessel that must comply with this part or with the ISM 

Code does not have a Safety Management Certificate and a copy of its 

company's Document of Compliance certificate on board, a vessel owner, 

charterer, managing operator, agent, Master, or any other individual in 

charge of the vessel that is subject to this part, may be liable for a 

civil penalty under 46 U.S.C. 3318. For foreign vessels, the Coast Guard 

may request the Secretary of the Treasury to withhold or revoke the 

clearance required by 46 U.S.C. App. 91. The Coast Guard may ask the 

Secretary to permit the vessel's departure after the bond or other 

surety is filed.