1625-NEW Stat/Authority

Page 455

(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 of the
Coast Guard, 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 vessels, 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.)
HISTORICAL AND REVISION NOTES
Revised
Section
80302 ..........

Source (U.S. Code)
46 App.:738a.

Source (Statutes at Large)
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).

§ 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
80303 ..........

§ 80501

TITLE 46—SHIPPING

Source (U.S. Code)
46 App.:738c.

Source (Statutes at Large)
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.

CHAPTER 805—SAFE CONTAINERS FOR
INTERNATIONAL CARGO
Sec.

80501.
80502.
80503.
80504.
80505.
80506.
80507.
80508.
80509.

Definitions.
Application of Convention.
General authority of the Secretary.
Approval and examination.
Enforcement.
Delegation of authority.
Employee protection.
Amendments to Convention.
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
80501 ..........

Source (U.S. Code)
46 App.:1501.

Source (Statutes at Large)
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

§ 80502

TITLE 46—SHIPPING

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
80502 ..........

Source (U.S. Code)
46 App.:1502(a) (related to application of Convention).

Source (Statutes at Large)
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
80503(a) ......

Source (U.S. Code)
46 App.:1503(a).

Source (Statutes at Large)
Pub. L. 95–208, § 4(a), (b),
(c)(1), (3), (e), Dec. 13, 1977,
91 Stat. 1476, 1477.

Page 456

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
80503(b)
80503(c)
80503(d)
80503(e)

......
......
......
......

Source (U.S. Code)
46
46
46
46

Source (Statutes at Large)

App.:1503(b).
App.:1503(c)(1).
App.:1503(c)(3).
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

Page 457

§ 80506

TITLE 46—SHIPPING

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 con-

dition 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 COUNISSUING 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.

TRY

(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1695.)
HISTORICAL AND REVISION NOTES
Revised
Section
80505 ..........

Source (U.S. Code)
46 App.:1504.

Source (Statutes at Large)
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

§ 80507

TITLE 46—SHIPPING

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
80506 ..........

Source (U.S. Code)
46 App.:1503(c)(2),
(d).

Source (Statutes at Large)
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

Page 458

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
80507 ..........

Source (U.S. Code)
46 App.:1506.

Source (Statutes at Large)
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 Sec-

Page 459

retary 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
80508 ..........

§ 80509

TITLE 46—SHIPPING

Source (U.S. Code)
46 App.:1507.

Source (Statutes at Large)
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
80509 ..........

Source (U.S. Code)
46 App.:1505.

Source (Statutes at Large)
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.