46 U.S.C. § 80505: Enforcement

Summary

The Secretary in charge of the Coast Guard can inspect and control international shipping containers to enforce the Convention and the rules that go with it. The Secretary can examine containers, approve container designs, and test or inspect containers while they are being made. If a container has no safety approval plate, or has a plate but shows clear signs of danger, the Secretary can order it taken out of service until the owner proves it meets the rules. The Secretary can also limit or remove containers that do not follow the rules but are not obviously dangerous, and may allow unsafe or unplated containers to be moved only to a repair site or other safe place under strict limits. When an order is given, the Secretary must quickly send a written notice to the owner, the owner’s agent, or the custodian, naming the container, its location, and the reason. The order stays in effect until the container meets the rules or is permanently removed from use. Owners and manufacturers must pay the costs for special exams, tests, inspections, and initial approvals, though routine checks are not charged. Money paid back goes to the Coast Guard’s operations and support fund. A container with a safety plate from a country that is part of the Convention is presumed safe unless there is clear evidence of a dangerous condition. If the Secretary thinks a foreign-issued approval plate was given for a defective container, the Secretary must tell that country.

Title 46, §80505

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(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 operations and support 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8050546 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.

Editorial Notes

Amendments

2021—Subsec. (b)(3). Pub. L. 116–283 substituted “operations and support” for “operating expenses”.

§80505 Enforcement

Summary

Title 46, §80505

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Regulations

Editorial Notes

Amendments

Citations & Metadata