§80501. Definitions — Inbound Citations
46 U.S.C. § 80501
Cited by 81 provisions in release 119-102.
Citations to §80501(1)
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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.
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(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;
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(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and
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(3) provide a method for developing, collecting, and disseminating information about container safety and the international transport of containers.
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(c) 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.
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(d) 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.
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(e) 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.
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(a) 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.
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(b) 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.
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(c) 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.
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(1) examine, or require to be examined, containers in international transport;
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(2) approve designs for containers;
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(3) inspect and test containers being manufactured;
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(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;
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(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;
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(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
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(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.
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(2) 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.
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(c) 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.
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(1) the Secretary declares the container to be in compliance with the standards of the Convention; or
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(2) the container is removed permanently from service.
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(f) 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.
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(a) The Secretary of the department in which the Coast Guard is operating may 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.
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(a) 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.
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(a) 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.
Citations to §80501(2)
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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.
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(a) The Secretary of the department in which the Coast Guard is operating shall carry out the Convention and this chapter in the United States.
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(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and
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(c) 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.
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(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
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(2) examined periodically as provided in the Convention under procedures prescribed by the Secretary.
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(1) approved initially under procedures prescribed by the Secretary or by the government of another country that is a party to the Convention; and
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(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.
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(c) 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.
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(a) 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.
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(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;
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(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
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(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.
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(c) 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.
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(1) the Secretary declares the container to be in compliance with the standards of the Convention; or
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(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
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(a) 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.
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(b) 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.
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(A) may propose amendments to the annexes to the Convention;
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(B) may propose a conference for amending annexes to the Convention; and
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(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.
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(2) 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.
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(d) The Secretary of State, with the concurrence of the Secretary 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.
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(2) 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.
Citations to §80501(3)
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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.
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(3) provide a method for developing, collecting, and disseminating information about container safety and the international transport of containers.
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(1) examine, or require to be examined, containers in international transport;
Citations to §80501(4)
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(b) After deducting the expenses, the consular officer shall deliver the property, with an inventory, to the owner of the property.
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(c) A consular officer may not take possession of property under this section when the owner, master, or consignee is present or able to take possession of the property.
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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.
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(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and
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(c) 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.
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(a) 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.
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(b) 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.
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(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.
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(c) 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.
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(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;
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(2) 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.
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(B) the owner’s agent; or
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(a) 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.
Citations to §80501(5)
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(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;
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(c) 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.
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(A) does not have a safety approval plate attached to it; or
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(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;
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(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.
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(c) 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.
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(f) 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.
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(a) The Secretary of the department in which the Coast Guard is operating may 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.