CHAPTER 805 —SAFE CONTAINERS FOR INTERNATIONAL CARGO
§80501. Definitions
In this chapter:
(1)
(2)
(3)
(A) a place in a foreign country and a place in the jurisdiction of the United States; or
(B) two places outside the United States by United States carriers.
(4)
(5)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80501 | 46 App.:1501. |
In the definition of "international transport", subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1501(d)(1)–(3) to eliminate unnecessary words.
In the definition of "owner", the words "includes the lessee or bailee of a container if a written lease or bailment provides for the lessee or bailee to exercise the owner's responsibility for maintaining and examining the container" are substituted for "means a person who owns a container, or, if a written lease or bailment provides for the lessee or bailee to exercise the owner's responsibility for maintaining and examining the container, the lessee or bailee of a container, to the extent such agreement so provides" to eliminate unnecessary words.
The definition of "Secretary" is omitted because a complete reference to the appropriate Secretary is used the first time the Secretary is named in each section. Throughout this chapter, the phrase "Secretary of the department in which the Coast Guard is operating" is substituted for "Secretary of Transportation" because the Coast Guard has been transferred to the Department of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (
The definition of "United States" is omitted because "United States" is defined in
§80502. Application of Convention
The Convention applies to an owner of a container used in international transport if the owner is domiciled or has its principal office in the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80502 | 46 App.:1502(a) (related to application of Convention). |
This section restates the applicability criteria of 46 App.:1502(a)(1) and (2) to improve the organization of the chapter.
§80503. General authority of the Secretary
(a)
(b)
(1) establish procedures for testing, inspecting, and initially approving containers and designs for containers, including procedures for attaching, invalidating, and removing safety approval plates for containers;
(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and
(3) provide a method for developing, collecting, and disseminating information about container safety and the international transport of containers.
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80503(a) | 46 App.:1503(a). | |
| 80503(b) | 46 App.:1503(b). | |
| 80503(c) | 46 App.:1503(c)(1). | |
| 80503(d) | 46 App.:1503(c)(3). | |
| 80503(e) | 46 App.:1503(e). |
In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention," and "and, unless an earlier date is specifically provided," are omitted as obsolete.
In subsection (b), before paragraph (1), the words "as soon as practicable after December 13, 1977" are omitted as obsolete. The word "prescribe" is substituted for "promulgate, and from time to time, amend" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words "he deems necessary for such enforcement" and "among other things" are omitted as unnecessary. In paragraph (1), the words "existing" and "new" are omitted as obsolete.
In subsections (c) and (d), the words "At any time after December 13, 1977" are omitted as obsolete.
§80504. Approval and examination
(a)
(1) approved initially under procedures prescribed by the Secretary of the department in which the Coast Guard is operating or by the government of another country that is a party to the Convention; and
(2) examined periodically as provided in the Convention under procedures prescribed by the Secretary.
(b)
(1) approved initially under procedures prescribed by the Secretary or by the government of another country that is a party to the Convention; and
(2) examined periodically as provided in the Convention, under procedures prescribed by the government of the country in which the owner is domiciled or has its principal office, as long as that country is a party to the Convention.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80504. | 46 App.:1502(a) (related to approval and examination). |
In this section, the words "Beginning on the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, for new containers, and beginning on September 6, 1982, for existing containers" are omitted as obsolete.
In subsections (a)(1) and (b)(1), the words "government of another country that is a party to the Convention" are substituted for "administration of another contracting party to the Convention" for clarity.
In subsection (c), the word "initial" is added for consistency in the section.
§80505. Enforcement
(a)
(1) examine, or require to be examined, containers in international transport;
(2) approve designs for containers;
(3) inspect and test containers being manufactured;
(4) issue a detention order removing or excluding a container from service until the container owner satisfies the Secretary that the container meets the standards of the Convention, if the container—
(A) does not have a safety approval plate attached to it; or
(B) has a safety approval plate attached but there is significant evidence that the container is in a condition that creates an obvious risk to safety;
(5) take other appropriate action, including issuing necessary orders, to remove a container from service or restrict its use if the container is not in compliance with the Convention, this chapter, or regulations prescribed under this chapter, but does not present an obvious risk to safety; and
(6) allow a container found to be unsafe or without a safety approval plate to be moved to another location for repair or other disposition, under restrictions consistent with the intent of the Convention.
(b)
(1)
(2)
(3)
(c)
(d)
(1)
(A) the owner of the container;
(B) the owner's agent; or
(C) if the identity of the owner is not apparent from the container or shipping documents, the custodian.
(2)
(e)
(1) the Secretary declares the container to be in compliance with the standards of the Convention; or
(2) the container is removed permanently from service.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80505 | 46 App.:1504. |
In subsection (a), before paragraph (1), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "and regulations prescribed under this chapter" are added for clarity. In paragraph (1), the words "new . . . and existing containers which are subject to this chapter" are omitted as obsolete. Paragraphs (2) and (3) are substituted for "test, inspect, and approve designs for new containers and new containers being manufactured" to eliminate unnecessary words. In paragraph (4), before subparagraph (A), the words "is subject to this chapter" are omitted as unnecessary. In subparagraph (A), the word "valid" is omitted as unnecessary. In paragraph (5), the words "or regulations prescribed under this chapter" are added for consistency. In paragraph (6), the word "valid" is omitted as unnecessary.
In subsection (b)(3), the words "appropriation for the operating expenses of the Coast Guard" are substituted for "appropriations bearing the cost thereof" for clarity.
In subsection (d)(2), the word "reasonably" is omitted as unnecessary.
In subsection (e), the words "which first occurs" are omitted as unnecessary. In paragraph (1), the words "the Secretary declares" are substituted for "is declared by the Secretary, or under regulations promulgated by the Secretary" to eliminate unnecessary words.
Editorial Notes
Amendments
2021—Subsec. (b)(3).
§80506. Delegation of authority
(a)
(b)
(1) criteria to be followed in selecting a person to whom authority is to be delegated;
(2) a detailed description of the duties and powers to be carried out by the person to whom authority is delegated, including the records the person shall keep; and
(3) the review the Secretary will conduct to decide whether the person is carrying out the delegated duties and powers properly.
(c)
(d)
(1) assess or collect, or attempt to assess or collect, a penalty for violation of the Convention, this chapter, or an order issued by the Secretary under this chapter; or
(2) issue or attempt to issue a detention or other order.
(e)
(1) the name and address of each person to whom authority is delegated;
(2) the duties and powers delegated; and
(3) the period of the delegation.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80506 | 46 App.:1503(c)(2), (d). |
Subsections (a) and (f) are substituted for 46 App. U.S.C. 1503(c)(2) and (d) (1st sentence) to improve the organization of the section.
In subsection (b)(1), the words "person to whom authority is to be delegated" are substituted for "person, public or private agency, or nonprofit organization as a recipient of delegated functions under such subsection" to eliminate unnecessary words.
Subsection (b)(2) is substituted for "the manner in which such recipient shall carry out such delegated functions, including the records such recipient must keep, and a detailed description of the exact functions such recipient may exercise" to eliminate unnecessary words.
Subsections (c)–(e) are substituted for 46 App. U.S.C. 1503(d) (last par.) to improve the organization of the section and to eliminate unnecessary words.
§80507. Employee protection
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80507 | 46 App.:1506. |
In subsection (a), the words "in any manner" and "to the Secretary or his agents" are omitted as unnecessary. The words "or a regulation prescribed under this chapter" are added for consistency.
§80508. Amendments to Convention
(a)
(b)
(c)
(1)
(A) may propose amendments to the annexes to the Convention;
(B) may propose a conference for amending annexes to the Convention; and
(C) shall consider and act on amendments to the annexes to the Convention adopted by the Maritime Safety Committee of the International Maritime Organization and communicated to the United States under article X(2) of the Convention.
(2)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80508 | 46 App.:1507. |
§80509. Civil penalty
(a)
(b)
(1)
(2)
(3)
(4)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80509 | 46 App.:1505. |
In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "liable to the United States Government for a civil penalty" are substituted for "subject to a civil penalty" for consistency in the revised title.
In subsection (b)(2), the words "In determining the amount of" are substituted for "In assessing, remitting, mitigating, or compromising" to eliminate unnecessary words.