1625-0024 Stat/Authority

Page 459
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

Source (U.S. Code)

80503(a) ......

46 App.:1503(a).

80503(b)
80503(c)
80503(d)
80503(e)

46
46
46
46

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

§ 80505

TITLE 46—SHIPPING

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

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 omit-

ted 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—