46 U.S.C. § 80504: Approval and examination

Summary

Container owners must get their containers approved at the start and then inspected regularly under the international Convention. If an owner is both officially based and has its main office in the United States, the first approval can follow rules set by the Secretary of the department that runs the Coast Guard or by another country that is party to the Convention, and the regular inspections must follow the Secretary’s procedures. If an owner is either based in or has its main office in the United States, initial approval can follow the Secretary or another party country, and regular inspections follow the procedures of the country where the owner is based, if that country is a Convention party. If the owner is not based in the United States or any Convention country, the owner may use the Secretary’s procedures for approval and inspections.

Title 46, §80504

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(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

§80504 Approval and Examination

Summary

Title 46, §80504

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata