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International Safe Container Act of 1977
(ISCA)
Public Law 95-208, Dec. 13, 1977
46 App USC Section 1506
CHAPTER 34 - SAFE CONTAINERS FOR INTERNATIONAL CARGO
Sec.
1501. Definitions.
1502. Duties of owners of containers.
(a) Initial approval of containers; periodic
examination.
(b) Repealed.
1503. Duties of Secretary of Transportation.
(a) Enforcement.
(b) Regulations.
(c) Affixation of approval plate; delegation of authority;
fees.
(d) Method of delegating authority.
(e) Intermodal transport.
1504. Areas of enforcement.
(a) Examination of containers; detention orders;
restriction or removal of containers from service.
(b) Costs of examinations.
(c) Presumption of safe condition.
(d) Notification of detention or other order; duration of
order.
(e) Notification to foreign country of defect at time of
approval.
1505. Penalties.
(a) Civil penalty.
(b) Assessment, collection, remission, mitigation, and
compromise of penalties.
1506. Employee protection.
(a) Discrimination against a reporting employee
prohibited.
(b) Complaint alleging discrimination
(c) Investigation by Secretary of Labor; judicial relief.
(d) Notification to complainant of intended action.
1507. Amendments to Convention.
(a) Proposed amendments; advice and consent of
Senate; declaration of non-acceptance.
(b) Amendment of Convention annexes.
(c) Appointment of arbitrator.
Sec. 1501. Definitions
As used in this chapter --
(a) The term "Secretary" means the
Secretary of Transportation.
(b) The term "Convention" means the International
Convention for Safe Containers, and the annexes thereto, done at
Geneva, Switzerland, December 2, 1972.
(c) The term "container" shall have the same meaning
as that term is defined in the Convention.
(d) The term "international transport" means the
transportation of a container --
(1) to any place within the jurisdiction of the
United States from a place within a foreign country;
(2) by United States carriers between two points both of which
are outside of the United States; or
(3) from any place within the jurisdiction of the United States
to any place within a foreign country.
(e) The term "United States" includes the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, Guam, American Samoa, the United States
Virgin Islands, the Trust Territory of the Pacific Islands, and
any other territory or possession of the United States.
(f) The term "new container" means a container (other
than a container specially designed for air transport) which is
used or is designed for use in international transport, the
construction of which began on or after September 6, 1977.
(g) The term "existing container" means a container
(other than a container specially designed for air transport)
which is used or is designed for use in international transport
and which is not a new container.
(h) The term "owner" means a person who owns a
container, or, if a written lease or bailment provides for the
lessee or bailee to exercise the owner's responsibility for
maintaining and examining the container, the lessee or bailee of
a container, to the extent such agreement so provides.
(i) The term "safety approval plate" shall have the
same meaning as that term is defined in annex I of the
Convention.
Sec. 1502. Duties of owners of containers
(a) Initial approval of containers; periodic
examination.
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, the
owner of each such container --
(1) who is domiciled and has his principal office in
the United States, shall have each such container initially
approved in accordance with the procedure established by the
Secretary or by the administration of another contracting party
to the Convention; and shall, thereafter, have each such
container periodically examined, as provided in the Convention,
in accordance with the procedure established by the Secretary;
and
(2) who is either domiciled or has his principal office in the
United States, shall have each such container initially approved
in accordance with the procedure established by the Secretary or
by the administration of another contracting party to the
Convention; and shall, thereafter, have each such container
periodically examined, as provided in the Convention, in
accordance with the procedure established by the administration
of either the country where he is domiciled or has his principal
office (so long as such country is a party to the Convention).
Any owner of either a new or existing container who is neither
domiciled nor maintains a principal office in the United States,
or in any other country which is a party to the Convention, may
submit their containers for approval and periodic examination
according to the procedure established by the
Secretary.
(b) Repealed. Pub. L. 101-225, title III, Sec. 307(10), Dec. 12,
1989, 103 Stat. 1925
Sec. 1503. Duties of Secretary of Transportation
(a) Enforcement
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, the Secretary shall enforce and
carry out the provisions of the Convention, and, unless an
earlier date is specifically provided, the provisions of this
chapter, in the United States.
(b) Regulations
The Secretary shall, as soon as practicable after December 13,
1977, promulgate, and from time to time, amend, those regulations
he deems necessary for such enforcement. Such regulations, among
other things, shall --
(1) establish procedures for the testing, inspection,
and initial approval of existing and new containers and of
designs for new containers, including procedures relating to the
affixing, invalidating, and removal of safety approval plates for
containers;
(2) establish procedures to be followed by owners of containers
relating to the periodic examination of containers, as provided
in the Convention; and
(3) provide a method for developing, collecting, and
disseminating data concerning container safety and the
international transport of containers.
(c) Affixation of approval plate; delegation of authority;
fees
At any time after December 13, 1977, the Secretary may --
(1) authorize the affixation of a safety approval
plate to any container which, after examination, is found not to
have a safety approval plate attached to it and which the owner
has established meets the standards of the Convention;
(2) delegate and withdraw the delegation of authority to
initially approve existing and new containers and designs for new
containers, and to authorize the affixing of safety approval
plates; and
(3) establish a schedule of fees to be charged and collected for
services performed by the Secretary, or under authority delegated
by the Secretary, relating to the testing, inspection, and
initial approval of containers and container
designs.
(d) Method of delegating authority
Those delegations made under subsection (c)(2) of this section
may be made to any person, including any public or private agency
or nonprofit organization. The Secretary, before making any
delegation under such subsection, shall promulgate regulations
relating to --
(1) the criteria to be followed in selecting a
person, public or private agency, or nonprofit organization as a
recipient of delegated functions under such subsection;
(2) the manner in which such recipient shall carry out such
delegated functions, including the records such recipient must
keep, and a detailed description of the exact functions such
recipient may exercise; and
(3) the review that will be carried out by the Secretary to
determine that any recipient of delegated functions is performing
properly the functions so delegated. No recipient of authority
delegated under such subsection may assess or collect, or attempt
to assess or collect, any penalty for violation of any provision
of this chapter, the Convention, or any order of the Secretary
issued under this chapter, or issue or attempt to issue any
detention or other order. Any records required to be kept by
regulations promulgated by the Secretary under this subsection
shall be available to the Secretary, for inspection, upon
request. The name and address of the recipient, if other than the
owner, together with the functions so delegated and the period of
designation, shall be published in the Federal Register and
otherwise publicized as appropriate.
(e) Intermodal transport
The Secretary shall, to the maximum possible extent, encourage
the development and use of intermodal transport, using containers
constructed to facilitate economical, safe, and expeditious
handling of containerized cargo without intermediate reloading
while such cargo is in transport over land, air, and sea
areas.
Sec. 1504. Areas of enforcement
(a) Examination of containers; detention orders;
restriction or removal of containers from service
(1) 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, to ensure
compliance with this chapter, and with the Convention, the
Secretary may --
(A) examine, or require to be examined, new
containers, and existing containers which are subject to this
chapter, in international transport, and test, inspect, and
approve designs for new containers and new containers being
manufactured;
(B) issue a detention order removing or excluding a container
from service until the owner of the container establishes to the
Secretary's satisfaction that the container meets the
standards of the Convention, if the container is subject to this
chapter and does not have a valid safety approval plate attached
to it, or if there is significant evidence that such a container
bearing a safety approval plate is in a condition which creates
an obvious risk to safety; and
(C) take whatever other appropriate action he deems necessary,
including issuance of any necessary orders, to remove the
container involved from service, or restrict its use, in those
instances where he finds that a container is not in compliance
with the provisions of this chapter or the Convention but does
not present an obvious risk to safety. The Secretary may permit
the movement to another location of a container which he finds to
be unsafe or which does not have a valid safety approval plate
affixed to it, under whatever restriction he considers necessary
and consistent with the intent of the Convention, for repair or
other appropriate disposition.
(2) Beginning on January 1, 1985, the Secretary may examine or
require to be examined any existing container in international
transport.
(b) Costs of examinations
The owner of the container involved in any action taken by the
Secretary under this section with respect to an examination of a
container, shall pay for or reimburse the Secretary for expenses
arising from such actions, except for the costs of routine
examinations of containers or safety approval plates. In
addition, the owner of containers submitted to the procedure
established by the Secretary for testing, inspection, and initial
approval, and the manufacturers who submit designs of containers
to the procedures established by the Secretary for testing,
inspection, and initial approval shall pay for or reimburse the
Secretary for the expenses arising from such testing, inspection
or approval. Funds received by the Secretary in reimbursement
shall be credited to the appropriations bearing the cost
thereof.
(c) Presumption of safe condition
A container bearing a safety approval plate authorized by a
country which is a party to the Convention shall be presumed to
be in a safe condition unless there is significant evidence that
the container creates an obvious risk to safety.
(d) Notification of detention or other order; duration of
order
Whenever the Secretary issues a detention or other order under
this section, he shall promptly notify, in writing, either the
owner of the container subject to such order, his agent, or, when
the identity of such owner is not apparent from the container of
shipping documents, the custodian. The notification shall
reasonably identify the container involved, give the location of
the container, and reasonably describe the condition or situation
which gave rise to the order. An order issued by the Secretary
under this section shall remain in effect until the container is
declared by the Secretary, or under regulations promulgated by
the Secretary, to be in compliance with the standards of the
Convention, or until it is permanently removed from service,
whichever first occurs.
(e) Notification to foreign country of defect at time of
approval
If there is reason to believe that a container to which there is
affixed a safety approval plate issued by a foreign country was
defective at the time of approval, the Secretary shall notify the
country which issued the approval of such defect.
Sec. 1505. Penalties
(a) Civil penalty
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, any owner, agent, or custodian
who --
(1) has been notified of an order issued by the
Secretary under section 1504 of this Appendix; and
(2) fails to take reasonable and prompt action to prevent or
stop a container subject to that order from being moved in
violation of that order; shall be subject to a civil penalty of
not more than $5,000 for each container so moved. Each day the
container remains in service while the order is in effect shall
be treated as a separate violation.
(b) Assessment, collection, remission, mitigation, and compromise
of penalties.
The Secretary shall assess and collect any penalty incurred
under this section, and, in his discretion may remit, mitigate,
or compromise any such penalty. No penalty shall be assessed
until after the person charged has been given notice and an
opportunity for a hearing. In assessing, remitting, mitigating,
or compromising a 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 this chapter or
of the Convention. Upon failure of any person to pay any penalty
assessed against him by the Secretary, the Secretary shall
request the Attorney General to begin an action in any district
court of the United States to recover the amount of the penalty
unpaid.
Sec. 1506. Employee protection
(a) Discrimination against a reporting employee
prohibited.
No person shall discharge or in any manner discriminate against
an employee because the employee has reported the existence of an
unsafe container or reported a violation of this chapter to the
Secretary or his agents.
(b) Complaint alleging discrimination
An employee who believes that he has been discharged or
discriminated against in violation of this section may, within 60
days after the violation occurs, file a complaint alleging
discrimination with the Secretary of Labor.
(c) Investigation by Secretary of Labor; judicial relief
The Secretary of Labor may investigate the complaint and, if he
determines that this section has been violated, bring an action
in an appropriate United States district court. The district
court shall have jurisdiction to restrain violations of
subsection (a) of this section and to order appropriate relief,
including rehiring and reinstatement of the employee to his
former position with back pay.
(d) Notification to complainant of intended action
Within 30 days after the receipt of a complaint filed under this
section the Secretary of Labor shall notify the complainant of
his intended action regarding the complaint.
Sec. 1507. Amendments to Convention
(a) Proposed amendments; advice and consent of
Senate; declaration of non-acceptance
The Secretary of State, with the concurrence of the Secretary,
may propose amendments to the Convention or may request a
conference for amending the Convention in accordance with article
IX of the Convention. An amendment communicated to the United
States in accordance with 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 make a declaration
that the United States does not accept an amendment.
(b) Amendment of Convention annexes
The Secretary of State, with the concurrence of the Secretary,
may propose amendments to the annexes of the Convention, may
propose a conference for amending annexes to the Convention and
shall consider and act on amendments to the annexes of the
Convention adopted by the Maritime Safety Committee and
communicated to the United States in accordance with article X(2)
of the Convention. If a proposed amendment is approved by the
United States, the amendment shall enter into force in accordance
with article X of the Convention. If any proposed amendment is
objected to, the Secretary of State shall promptly communicate
the objection as provided in article X(3) of the Convention.
(c) Appointment of arbitrator
The Secretary of State, with the concurrence of the Secretary,
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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