[USC02] 46 USC Subtitle VIII: Miscellaneous
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46 USC Subtitle VIII: Miscellaneous
From Title 46—SHIPPING

Subtitle VIII—Miscellaneous

Chapter
Sec.
801.
Wrecks and Salvage
80101
803.
Ice and Derelicts
80301
805.
Safe Containers for International Cargo
80501

        

CHAPTER 801—WRECKS AND SALVAGE

Sec.
80101.
Vessel stranded on foreign coast.
[80102.
Repealed.]
80103.
Property on Florida coast to be taken to port of entry.
80104.
Salvaging operations by foreign vessels.
80105.
Canadian vessels aiding vessels in United States waters.
80106.
International agreement on derelicts.
80107.
Salvors of life to share in remuneration.

        

Amendments

2008Pub. L. 110–375, §1(2), Oct. 8, 2008, 122 Stat. 4055, struck out item 80102 "License to salvage on Florida coast".

§80101. Vessel stranded on foreign coast

(a) Duties of Consular Officer.—When a vessel of the United States is stranded on a coast of a foreign country, the consular officer in that country shall take proper measures, to the extent the laws of that country allow, to—

(1) save and secure the vessel and property on the vessel; and

(2) prepare an inventory of the property that is saved.


(b) Delivery to Owner.—After deducting the expenses, the consular officer shall deliver the property, with an inventory, to the owner of the property.

(c) Limitation on Taking Possession.—A consular officer may not take possession of property under this section when the owner, master, or consignee is present or able to take possession of the property.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1690.)

Historical and Revision Notes
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 Repealed.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, Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1690, related to license to salvage on Florida coast.

§80103. Property on Florida coast to be taken to port of entry

(a) In General.—Property taken from a wreck, the sea, or a key or shoal, on the coast of Florida and within the jurisdiction of the United States, shall be brought to a port of entry of the United States.

(b) Seizure and Forfeiture.—A vessel transporting property described in subsection (a) to a foreign port may be seized by, and forfeited to, the United States Government. A forfeiture under this subsection accrues half to the informer and half to the Government.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1690.)

Historical and Revision Notes
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) Prohibition.—Except as provided in this section or section 80105 of this title, a foreign vessel may not, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico.

(b) When Suitable Vessel Not Available.—The Secretary of Homeland Security may authorize a foreign vessel to engage in salvaging operations in a particular locality if, on investigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is—

(1) owned only by citizens of the United States (including a Bowaters corporation under section 12118 of this title); and

(2) documented under chapter 121 of this title or numbered under chapter 123 of this title.


(c) Operations Authorized by Treaty.—This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including—

(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 (35 Stat. 2036); or

(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 (49 Stat. 3359).

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes
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, 54 Stat. 305.
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 (Pub. L. 107–296, 116 Stat. 2178). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 316. The words "and no penalty shall be incurred for such authorized use" are omitted as unnecessary.

In subsection (b)(1), the words "(including a Bowaters corporation under section 12118 of this title)" are added because the source for section 12118 (46 App. U.S.C. 883–1) provides that a corporation meeting the requirements of that section is also a citizen of the United States under 46 App. U.S.C. 316, restated in part in this section.

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 (46 U.S.C. 288)" to refer to the current provisions on documentation and numbering.

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) In General.—Canadian vessels and wrecking equipment may give aid to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to Canada, including—

(1) the canal and improvement of the waters between Lake Erie and Lake Huron; and

(2) the Saint Marys River and canal.


(b) Reciprocity.—This section does not apply after the President proclaims that privileges reciprocal to those under subsection (a) have been withdrawn or rendered inoperative by the Government of Canada.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80105 46 App.:725. June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, §1 (last par. under heading "Department of State"), 27 Stat. 683.

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.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80106 46 App.:726. Oct. 31, 1893, No. 13, 28 Stat. 13.

§80107. Salvors of life to share in remuneration

(a) Entitlement of Salvors.—A salvor of human life, who gave aid following an accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salvaging the vessel or other property or preventing or minimizing damage to the environment.

(b) Common Ownership of Vessels.—The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.

(c) Time Limit on Bringing Actions.—A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given, unless the court in which the action is brought is satisfied that during that 2-year period there had not been a reasonable opportunity to seize the aided or salvaged vessel within the jurisdiction of the court or within the territorial waters of the country of the plaintiff's residence or principal place of business.

(d) Nonapplication.—This section does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80107(a) 46 App.:729. Aug. 1, 1912, ch. 268, §§1, 3–5, 37 Stat. 242; Pub. L. 102–241, §40, Dec. 19, 1991, 105 Stat. 2225.
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 section 2304 of title 46 is omitted because of the amendment to section 2304 in section 14(8) of the bill.

CHAPTER 803—ICE AND DERELICTS

Sec.
80301.
International agreements.
80302.
Patrol services.
80303.
Speed of vessel in ice region.
80304.
Limitation on ice patrol data.

        

Amendments

2014Pub. L. 113–281, title III, §314(b), Dec. 18, 2014, 128 Stat. 3049, added item 80304.

§80301. International agreements

(a) General Authority.—The President may make agreements with interested maritime countries to—

(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) Payment Between Countries.—The President may include in an agreement under subsection (a) a provision for—

(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) Payments.—Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1692; Pub. L. 113–281, title III, §314(a)(1), Dec. 18, 2014, 128 Stat. 3049.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80301 46 App.:738. June 25, 1936, ch. 807, §1, 49 Stat. 1922.

Amendments

2014—Subsec. (c). Pub. L. 113–281 added subsec. (c).

Effective Date of 2014 Amendment

Pub. L. 113–281, title III, §314(c), Dec. 18, 2014, 128 Stat. 3049, provided that: "This section [enacting section 80304 of this title and amending this section and section 80302 of this title] shall take effect on January 1, 2017."

§80302. Patrol services

(a) General Requirements.—Unless the agreements made under section 80301 of this title provide otherwise, an ice patrol shall be maintained during the entire ice season in guarding the southeastern, southern, and southwestern limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland. The patrol shall inform trans-Atlantic and other passing vessels by radio and other available means of the ice conditions and the extent of the dangerous region. During the ice season, there shall be maintained a service of study of ice and current conditions, a service of providing assistance to vessels and crews requiring assistance, and a service of removing and destroying derelicts. Any of these services may be maintained during the remainder of the year as may be advisable.

(b) Warnings to Vessels.—The ice patrol shall warn any vessel known to be approaching a dangerous area and recommend safe routes.

(c) Recording and Reporting Incidents.—

(1) Recording.—The ice patrol shall record the name of a vessel and the facts of the case when the patrol observes or knows that the vessel—

(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) Reporting.—The name of the vessel and all pertinent information about the incident shall be reported to the government of the country to which the vessel belongs if that government requests.


(d) Administration.—The Commandant, under the direction of the Secretary of the department in which the Coast Guard is operating, shall carry out the services provided for in this section and shall assign necessary aircraft, material, and personnel of the Coast Guard. On request of such Secretary, the head of an agency may detail personnel, lend or contribute material or equipment, or otherwise assist in carrying out the services provided for in this section.

(e) Annual Report.—The Commandant shall publish an annual report of the activities of the services provided for in this section. A copy of the report shall be provided to each interested foreign government and to each agency assisting in the work.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1692; Pub. L. 113–281, title III, §314(a)(2), Dec. 18, 2014, 128 Stat. 3049; Pub. L. 115–232, div. C, title XXXV, §3541(b)(16), Aug. 13, 2018, 132 Stat. 2324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80302 46 App.:738a. June 25, 1936, ch. 807, §2, 49 Stat. 1922; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.

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 (Pub. L. 107–296, 116 Stat. 2249). See also sections 1 and 3 of title 14, as amended by section 1704(a) of such Act (116 Stat. 2314).

Amendments

2018—Subsec. (d). Pub. L. 115–232 struck out "of the Coast Guard" after "The Commandant".

2014—Subsec. (b). Pub. L. 113–281, §314(a)(2)(A), substituted "The ice patrol" for "An ice patrol vessel".

Subsec. (c)(1). Pub. L. 113–281, §314(a)(2)(B), substituted "The ice patrol" for "An ice patrol vessel" in introductory provisions.

Subsec. (d). Pub. L. 113–281, §314(a)(2)(C), substituted "aircraft" for "vessels".

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–281 effective Jan. 1, 2017, see section 314(c) of Pub. L. 113–281, set out as a note under section 80301 of this title.

§80303. Speed of vessel in ice region

(a) Requirement.—The master of a vessel of the United States, when ice is reported on or near the vessel's course, shall proceed at a moderate speed or change the course of the vessel to go well clear of the danger zone.

(b) Civil Penalty.—A master violating this section is liable to the United States Government for a civil penalty of not more than $500.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1693.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80303 46 App.:738c. June 25, 1936, ch. 807, §4, 49 Stat. 1923.

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 Pub. L. 113–281, title III, §314(a)(3), Dec. 18, 2014, 128 Stat. 3049.)

Effective Date

Section effective Jan. 1, 2017, see section 314(c) of Pub. L. 113–281, set out as an Effective Date of 2014 Amendment note under section 80301 of this title.

CHAPTER 805—SAFE CONTAINERS FOR INTERNATIONAL CARGO

Sec.
80501.
Definitions.
80502.
Application of Convention.
80503.
General authority of the Secretary.
80504.
Approval and examination.
80505.
Enforcement.
80506.
Delegation of authority.
80507.
Employee protection.
80508.
Amendments to Convention.
80509.
Civil penalty.

        

§80501. Definitions

In this chapter:

(1) Container.—The term "container" has the meaning given that term in the Convention.

(2) Convention.—The term "Convention" means the International Convention for Safe Containers, and its annexes, done at Geneva, Switzerland, December 2, 1972.

(3) International transport.—The term "international transport" means the transportation of a container between—

(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) Owner.—The term "owner" 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.

(5) Safety approval plate.—The term "safety approval plate" has the meaning given that term in annex I of the Convention.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80501 46 App.:1501. Pub. L. 95–208, §2, Dec. 13, 1977, 91 Stat. 1475.

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 (Pub. L. 107–296, 116 Stat. 2249).

The definition of "United States" is omitted because "United States" is defined in chapter 1 of the revised title. The definitions of "new container" and "existing container" are omitted as obsolete.

§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.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80502 46 App.:1502(a) (related to application of Convention). Pub. L. 95–208, §3(a) (related to application of Convention), Dec. 13, 1977, 91 Stat. 1476.

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) In General.—The Secretary of the department in which the Coast Guard is operating shall carry out the Convention and this chapter in the United States.

(b) Regulations.—The Secretary shall prescribe regulations to carry out this chapter. The regulations shall—

(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) Safety Approval Plates.—If the owner of a container without a safety approval plate establishes that the container satisfies the standards of the Convention, the Secretary may authorize a safety approval plate to be attached to the container.

(d) Schedule of Fees.—The Secretary may prescribe a schedule of fees for services performed by the Secretary, or by a person delegated authority under section 80506 of this title, for the testing, inspection, and initial approval of containers and container designs.

(e) Encouraging Intermodal Transport.—To the maximum extent possible, the Secretary shall encourage the development and use of intermodal transport, using containers built to facilitate economical, safe, and expeditious handling of containerized cargo without intermediate reloading when it is being transported over land, air, and sea areas.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80503(a) 46 App.:1503(a). Pub. L. 95–208, §4(a), (b), (c)(1), (3), (e), Dec. 13, 1977, 91 Stat. 1476, 1477.
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) Domicile and Principal Office in United States.—A container owner domiciled and having its principal office in the United States shall have the container—

(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) Domicile or Principal Office in United States.—A container owner domiciled or having its principal office in the United States shall have the container—

(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) Neither Domicile Nor Principal Office in United States.—A container owner neither domiciled nor having its principal office in the United States or another country that is a party to the Convention may submit a container for initial approval and periodic examination under procedures prescribed by the Secretary.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1695.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80504. 46 App.:1502(a) (related to approval and examination). Pub. L. 95–208, §3(a) (related to approval and examination), Dec. 13, 1977, 91 Stat. 1476.

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) In General.—To enforce the Convention, this chapter, and regulations prescribed under this chapter, the Secretary of the department in which the Coast Guard is operating may—

(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) Payment of Expenses.—

(1) Examination.—The owner of a container involved in an action by the Secretary under this section related to an examination of the container shall pay or reimburse the Secretary for the expenses arising from that action, except for the costs of routine examinations of the container or a safety approval plate.

(2) Testing, inspection, and initial approval.—The owner of a container submitted to the procedure established by the Secretary for testing, inspection, and initial approval, and the manufacturer of a container that submits a design to the procedure established by the Secretary for testing, inspection, and initial approval, shall pay or reimburse the Secretary for the expenses arising from the testing, inspection, or approval.

(3) Credit to appropriation.—Amounts received by the Secretary as reimbursement shall be credited to the appropriation for operating expenses of the Coast Guard.


(c) Presumption Based on Safety Approval Plate.—A container bearing a safety approval plate authorized by a country that is a party to the Convention is presumed to be in a safe condition unless there is significant evidence that the container is in a condition that creates an obvious risk to safety.

(d) Notice of Orders.—

(1) In general.—When the Secretary issues a detention or other order under this section, the Secretary promptly shall notify in writing—

(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) Information to include.—The notification shall identify the container involved, give the location of the container, and describe the condition or situation giving rise to the order.


(e) Duration of Orders.—An order issued by the Secretary under this section remains in effect until—

(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) Notice of Defective Container to Country Issuing Safety Approval Plate.—If the Secretary has reason to believe that a container bearing a safety approval plate issued by another country was defective at the time of approval, the Secretary shall notify that country.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1695.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80505 46 App.:1504. Pub. L. 95–208, §5, Dec. 13, 1977, 91 Stat. 1477; Pub. L. 97–249, §1(2), Sept. 8, 1982, 96 Stat. 708.

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.

§80506. Delegation of authority

(a) In General.—The Secretary of the department in which the Coast Guard is operating may delegate to any person, including a public or private agency or nonprofit organization, authority to grant initial approval for containers and designs and to attach safety approval plates.

(b) Regulations.—Before making a delegation under this section, the Secretary shall prescribe regulations establishing—

(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) Inspection of Records.—A person delegated authority under this section shall make available to the Secretary for inspection, on request, records the person is required to keep.

(d) Penalties and Orders.—A person delegated authority under this section may not—

(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) Publication.—The Secretary shall publish in the Federal Register or other appropriate publication—

(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) Revocation.—The Secretary may revoke a delegation of authority under this section at any time.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1696.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80506 46 App.:1503(c)(2), (d). Pub. L. 95–208, §4(c)(2), (d), Dec. 13, 1977, 91 Stat. 1477.

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) Prohibition.—A person may not discharge or discriminate against an employee because the employee has reported the existence of an unsafe container or a violation of this chapter or a regulation prescribed under this chapter.

(b) Complaints.—An employee alleging to have been discharged or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor. The complaint must be filed within 60 days after the violation.

(c) Enforcement.—The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee's former position with back pay.

(d) Notice to Complainant.—Within 30 days after receiving a complaint under this section, the Secretary of Labor shall notify the complainant of the intended action on the complaint.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1697.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80507 46 App.:1506. Pub. L. 95–208, §7, Dec. 13, 1977, 91 Stat. 1479.

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) Proposals by United States.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating, may propose amendments to the Convention or request a conference for amending the Convention as provided in article IX of the Convention.

(b) Proposals by Other Countries.—An amendment communicated to the United States under article IX(2) of the Convention may be accepted for the United States by the President, with the advice and consent of the Senate. The President may declare that the United States does not accept an amendment.

(c) Amendments to Annexes.—

(1) In general.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating—

(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) Action following approval or objection.—If a proposed amendment to an annex is approved by the United States, the amendment shall enter into force as provided in article X of the Convention. If a proposed amendment is objected to, the Secretary of State promptly shall communicate the objection as provided in article X(3) of the Convention.


(d) Appointment of Arbitrator.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating, shall appoint an arbitrator when one is required to resolve a dispute within the meaning of article XIII of the Convention.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1697.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80508 46 App.:1507. Pub. L. 95–208, §8, Dec. 13, 1977, 91 Stat. 1479.

§80509. Civil penalty

(a) In General.—An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.

(b) Assessment and Collection.—

(1) In general.—After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.

(2) Factors to consider.—In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter.

(3) Remission, mitigation, or compromise.—The Secretary may remit, mitigate, or compromise a penalty under this section.

(4) Enforcement.—If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1698.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80509 46 App.:1505. Pub. L. 95–208, §6, Dec. 13, 1977, 91 Stat. 1478.

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.