Subtitle VIII—Miscellaneous
CHAPTER 801 —WRECKS AND SALVAGE
Editorial Notes
Amendments
2008—
§80101. Vessel stranded on foreign coast
(a)
(1) save and secure the vessel and property on the vessel; and
(2) prepare an inventory of the property that is saved.
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80101 | 46 App.:721. | R.S. §4238. |
In this section, the words "consular officer" are substituted for "Consuls and vice consuls" and "consul or vice consul" for consistency in the revised title.
Subsection (a)(1) is substituted for "as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved" to eliminate unnecessary words.
[§80102. Repealed. Pub. L. 110–375, §1(1), Oct. 8, 2008, 122 Stat. 4055 ]
Section,
§80103. Property on Florida coast to be taken to port of entry
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80103 | 46 App.:722. | R.S. §4239. |
| 46 App.:723. | R.S. §4240. |
In subsection (a), the words "of any description whatsoever" are omitted as unnecessary.
In subsection (b), the words "transporting property described in subsection (a) of this section" are substituted for "which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida" to eliminate unnecessary words. The words "may be seized by, and forfeited to, the United States Government" are substituted for "shall . . . be forfeited" for consistency in the revised title. The words "together with her tackle, apparel, and furniture" are omitted as unnecessary. The words "accrues half to the informer and half to the Government" are substituted for "one moiety to the informer and the other to the United States" to use more commonly understood language.
§80104. Salvaging operations by foreign vessels
(a)
(b)
(1) owned only by citizens of the United States (including a Bowaters corporation under
(2) documented under
(c)
(1) article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (
(2) the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80104(a) | 46 App.:316(d) (words before proviso). | R.S. §4370(d), (e); June 11, 1940, ch. 324, |
| 80104(b) | 46 App.:316(d) (proviso). | |
| 80104(c) | 46 App.:316(e). |
In subsection (a), the words "authorized by a treaty" are omitted because they are restated in subsection (c).
In subsection (b), before paragraph (1), the Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (
In subsection (b)(1), the words "(including a Bowaters corporation under
Subsection (b)(2) is substituted for "documented under the laws of the United States or numbered pursuant to the Act of June 7, 1918, as amended (
In subsection (c), the words "authorized by treaty, including" are added because the words "authorized by a treaty" are omitted from subsection (a).
§80105. Canadian vessels aiding vessels in United States waters
(a)
(1) the canal and improvement of the waters between Lake Erie and Lake Huron; and
(2) the Saint Marys River and canal.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80105 | 46 App.:725. | June 19, 1878, ch. 324, |
In subsection (a), before paragraph (1), the word "equipment" is substituted for "appurtenance" to use more commonly understood language. The words "and assistance" are omitted as unnecessary.
Subsection (b) is substituted for "this section shall cease to be in force and effect from and after the date of the proclamation of the President of the United States to the effect that said reciprocol privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada" to eliminate unnecessary words.
§80106. International agreement on derelicts
The President may make an international agreement with other governments interested in the navigation of the North Atlantic Ocean, providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation outside the coast waters of the countries bordering the North Atlantic Ocean.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80106 | 46 App.:726. | Oct. 31, 1893, No. 13, |
§80107. Salvors of life to share in remuneration
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80107(a) | 46 App.:729. | Aug. 1, 1912, ch. 268, §§1, 3–5, |
| 80107(b) | 46 App.:727. | |
| 80107(c) | 46 App.:730. | |
| 80107(d) | 46 App.:731. |
In subsection (c), the words "civil action" are substituted for "suit", the words "must be brought within 2 years after" are substituted for "shall not be maintainable if brought later than two years from", and the word "seize" is substituted for "arresting", for consistency in the revised title. The words "of the plaintiff's residence or principal place of business" are substituted for "in which the libelant resides or has his principal place of business" for consistency and to eliminate unnecessary words.
In subsectoin [sic] (d), the reference to
CHAPTER 803 —ICE AND DERELICTS
Editorial Notes
Amendments
2014—
§80301. International agreements
(a)
(1) maintain in the North Atlantic Ocean a service of ice patrol, of study and observation of ice and current conditions, and of assistance to vessels and their crews requiring assistance within the limits of the patrol;
(2) maintain a service of study and observation of ice and current conditions in the waters affecting the set and drift of ice in the North Atlantic Ocean; and
(3) take all practicable steps to ensure the destruction or removal of derelicts in the northern part of the Atlantic Ocean, east of the line drawn from Cape Sable to a point in latitude 34 degrees north, longitude 70 degrees west, if the destruction or removal is necessary.
(b)
(1) payment to the United States Government by other countries for their proportionate share of the expense of maintaining the services; or
(2) contribution by the Government for its proportionate share if the agreement provides for another country to maintain the services.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80301 | 46 App.:738. | June 25, 1936, ch. 807, §1, |
Editorial Notes
Amendments
2021—Subsec. (c).
2014—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
§80302. Patrol services
(a)
(b)
(c)
(1)
(A) is on other than a regular recognized or advertised route crossing the North Atlantic Ocean;
(B) has crossed the fishing banks of Newfoundland north of latitude 43 degrees north during the fishing season; or
(C) has passed through regions known or believed to be endangered by ice when proceeding to and from ports of North America.
(2)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80302 | 46 App.:738a. | June 25, 1936, ch. 807, §2, |
In subsection (d), the words "Secretary of the department in which the Coast Guard is operating" are substituted for "Secretary of Transportation" because of the transfer of the Coast Guard 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 (
Editorial Notes
Amendments
2018—Subsec. (d).
2014—Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
§80303. Speed of vessel in ice region
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80303 | 46 App.:738c. | June 25, 1936, ch. 807, §4, |
In subsection (b), the words "liable to the United States Government for a civil penalty" are substituted for "liable to a fine" for clarity and for consistency in the revised title. The words "for each offense" are omitted as unnecessary.
§80304. Limitation on ice patrol data
Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is—
(1) documented under the laws of the United States; or
(2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 2017, see section 314(c) of
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.