PocketLaw | USC 46 | Alternate safety compliance program

Alternate safety compliance program

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§4503a. Alternate safety compliance program

(a) Subject to subsection (c), beginning on the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with such an alternate safety compliance program, if the vessel-

(1) is at least 50 feet overall in length;

(2) is built before July 1, 2013; and

(3) is 25 years of age or older.

(b) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2013, that undergoes a major conversion completed after the later of July 1, 2013, or the date the Secretary prescribes an alternate safety compliance program under subsection (a), shall comply with such an alternate safety compliance program.

(c) For purposes of subsection (a), a separate alternate safety compliance program may be developed for a specific region or specific fishery.

(d) Notwithstanding subsection (a), vessels owned by a person that owns more than 30 vessels subject to that subsection are not required to meet the alternate safety compliance requirements of that subsection until January 1, 2030, if that owner enters into a compliance agreement with the Secretary that provides for a fixed schedule for all of the vessels owned by that person to meet requirements of that subsection by that date and the vessel owner is meeting that schedule.

(e) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was classed before July 1, 2012 is not eligible to participate in an alternative safety compliance program prescribed under subsection (a) and,¹ shall-

(1) remain subject to the requirements of a classification society approved by the Secretary; and

(2) have on board a certificate from that society.

(f) For the purposes of this section, the term "built" has the meaning given that term in section 4503(f).

(Added and amended Pub. L. 115–282, title V, §508(a), (c), Dec. 4, 2018, 132 Stat. 4272 .)

Codification

Section, as added and amended by Pub. L. 115–282, is based on Pub. L. 111–281, title VI, §604(e)(1)(C), Oct. 15, 2010, 124 Stat. 2966 , as amended by Pub. L. 112–213, title III, §305(c)(2), Dec. 20, 2012, 126 Stat. 1564 , which was formerly classified to section 4503(d) of this title before being transferred and renumbered as this section.

Amendments

2018-Pub. L. 115–282, §508(c)(2), inserted section designation and catchline before subsec. (a).

Pub. L. 115–282, §508(a), (c)(1), renumbered section 4503(d) of this title as this section and redesignated pars. (1) to (5) thereof as subsecs. (a) to (e), respectively.

Subsec. (a). Pub. L. 115–282, §508(c)(4), redesignated subpars. (A) to (C) as pars. (1) to (3), respectively.

Pub. L. 115–282, §508(c)(3), in introductory provisions, substituted "Subject to subsection (c), beginning on the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with such an alternate safety compliance program, if" for "After January 1, 2020, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if".

Subsec. (b). Pub. L. 115–282, §508(c)(5), substituted "prescribes an alternate safety compliance program under subsection (a), shall comply with such an alternate safety compliance program" for "establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary".

Subsec. (c). Pub. L. 115–282, §508(c)(6), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries."

Subsec. (d). Pub. L. 115–282, §508(c)(7), substituted "subsection (a)" for "paragraph (1)" and, wherever appearing, "that subsection" for "that paragraph".

Subsec. (e). Pub. L. 115–282, §508(c)(8)(B), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Pub. L. 115–282, §508(c)(8)(A), inserted "is not eligible to participate in an alternative safety compliance program prescribed under subsection (a) and" after "July 1, 2012" in introductory provisions.

Subsec. (f). Pub. L. 115–282, §508(c)(9), added subsec. (f).

Alternative Safety Compliance Program

Pub. L. 111–281, title VI, §604(f), Oct. 15, 2010, 124 Stat. 2967 , provided that: "No later than January 1, 2017, the Secretary of the department in which the Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 4503(d)(1) [now 46 U.S.C. 4503a(a)] of the [sic] title 46, United States Code, as amended by this section."

¹ So in original. Comma probably should appear after "2012" instead. See 2018 Amendment note below.

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