---
kind: "section"
citation: "46 U.S.C. § 80505"
title: "46"
title_heading: "Shipping"
number: "80505"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/80505"
units:
  - "Subtitle VIII — Miscellaneous"
  - "Chapter 805 — Safe Containers for International Cargo"
---

# §80505. Enforcement

- (a) **In General.—** To enforce the [Convention](/usc/46/80501.md?p=2), this chapter, and regulations prescribed under this chapter, the [Secretary](/usc/46/2101.md?p=46) of the department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating may—
  - (1) examine, or require to be examined, [containers](/usc/46/80501.md?p=1) in [international transport](/usc/46/80501.md?p=3);
  - (2) approve designs for [containers](/usc/46/80501.md?p=1);
  - (3) inspect and test [containers](/usc/46/80501.md?p=1) being manufactured;
  - (4) issue a detention order removing or excluding a [container](/usc/46/80501.md?p=1) from service until the [container](/usc/46/80501.md?p=1) [owner](/usc/46/80501.md?p=4) satisfies the [Secretary](/usc/46/2101.md?p=46) that the [container](/usc/46/80501.md?p=1) meets the standards of the [Convention](/usc/46/80501.md?p=2), if the [container](/usc/46/80501.md?p=1)—
    - (A) does not have a [safety approval plate](/usc/46/80501.md?p=5) attached to it; or
    - (B) has a [safety approval plate](/usc/46/80501.md?p=5) attached but there is significant evidence that the [container](/usc/46/80501.md?p=1) is in a condition that creates an obvious risk to safety;
  - (5) take other appropriate action, including issuing necessary orders, to remove a [container](/usc/46/80501.md?p=1) from service or restrict its use if the [container](/usc/46/80501.md?p=1) is not in compliance with the [Convention](/usc/46/80501.md?p=2), this chapter, or regulations prescribed under this chapter, but does not present an obvious risk to safety; and
  - (6) allow a [container](/usc/46/80501.md?p=1) found to be unsafe or without a [safety approval plate](/usc/46/80501.md?p=5) to be moved to another location for repair or other disposition, under restrictions consistent with the intent of the [Convention](/usc/46/80501.md?p=2).
- (b) **Payment of Expenses.—**
  - (1) **Examination.—** The [owner](/usc/46/80501.md?p=4) of a [container](/usc/46/80501.md?p=1) involved in an action by the [Secretary](/usc/46/2101.md?p=46) under this section related to an examination of the [container](/usc/46/80501.md?p=1) shall pay or reimburse the [Secretary](/usc/46/2101.md?p=46) for the expenses arising from that action, except for the costs of routine examinations of the [container](/usc/46/80501.md?p=1) or a [safety approval plate](/usc/46/80501.md?p=5).
  - (2) **Testing, inspection, and initial approval.—** The [owner](/usc/46/80501.md?p=4) of a [container](/usc/46/80501.md?p=1) submitted to the procedure established by the [Secretary](/usc/46/2101.md?p=46) for testing, inspection, and initial approval, and the manufacturer of a [container](/usc/46/80501.md?p=1) that submits a design to the procedure established by the [Secretary](/usc/46/2101.md?p=46) for testing, inspection, and initial approval, shall pay or reimburse the [Secretary](/usc/46/2101.md?p=46) for the expenses arising from the testing, inspection, or approval.
  - (3) **Credit to appropriation.—** Amounts received by the [Secretary](/usc/46/2101.md?p=46) as reimbursement shall be credited to the appropriation for operations and support of the [Coast Guard](/usc/46/2101.md?p=2).
- (c) **Presumption Based on Safety Approval Plate.—** A [container](/usc/46/80501.md?p=1) bearing a [safety approval plate](/usc/46/80501.md?p=5) authorized by a country that is a party to the [Convention](/usc/46/80501.md?p=2) is presumed to be in a safe condition unless there is significant evidence that the [container](/usc/46/80501.md?p=1) is in a condition that creates an obvious risk to safety.
- (d) **Notice of Orders.—**
  - (1) **In general.—** When the [Secretary](/usc/46/2101.md?p=46) issues a detention or other order under this section, the [Secretary](/usc/46/2101.md?p=46) promptly shall notify in writing—
    - (A) the [owner](/usc/46/80501.md?p=4) of the [container](/usc/46/80501.md?p=1);
    - (B) the [owner](/usc/46/80501.md?p=4)’s agent; or
    - (C) if the identity of the [owner](/usc/46/80501.md?p=4) is not apparent from the [container](/usc/46/80501.md?p=1) or shipping documents, the custodian.
  - (2) **Information to include.—** The notification shall identify the [container](/usc/46/80501.md?p=1) involved, give the location of the [container](/usc/46/80501.md?p=1), and describe the condition or situation giving rise to the order.
- (e) **Duration of Orders.—** An order issued by the [Secretary](/usc/46/2101.md?p=46) under this section remains in effect until—
  - (1) the [Secretary](/usc/46/2101.md?p=46) declares the [container](/usc/46/80501.md?p=1) to be in compliance with the standards of the [Convention](/usc/46/80501.md?p=2); or
  - (2) the [container](/usc/46/80501.md?p=1) is removed permanently from service.
- (f) **Notice of Defective Container to Country Issuing Safety Approval Plate.—** If the [Secretary](/usc/46/2101.md?p=46) has reason to believe that a [container](/usc/46/80501.md?p=1) bearing a [safety approval plate](/usc/46/80501.md?p=5) issued by another country was defective at the time of approval, the [Secretary](/usc/46/2101.md?p=46) shall notify that country.

## Source credit

(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1695; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.

### Editorial Notes

### Amendments

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