2012 US Code
Title 46 - Shipping
Subtitle VIII - Miscellaneous (§§ 80101 - 80509)
Chapter 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO (§§ 80501 - 80509)
Section 80505 - Enforcement
Publication Title | United States Code, 2012 Edition, Title 46 - SHIPPING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 46 - SHIPPING Subtitle VIII - Miscellaneous CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO Sec. 80505 - Enforcement |
Contains | section 80505 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 109-304, §11, Oct. 6, 2006, 120 Stat. 1695. |
Statutes at Large References | 91 Stat. 1477 96 Stat. 708 120 Stat. 1695 |
Public Law References | Public Law 95-208, Public Law 97-249, Public Law 109-304 |
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(a)
(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)
(1)
(2)
(3)
(c)
(d)
(1)
(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)
(e)
(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)
(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1695.)
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.
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