Page:United States Statutes at Large Volume 120.djvu/1726

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1695

‘‘§ 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. ‘‘§ 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

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00439

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�