dreamproit/uscode huggingface dataset:
46 U.S.C. § 80302 (SHIPPING)
§ 80302. Patrol services
(a) General Requirements.—
Unless the agreements made under section 80301 of this title provide otherwise, an ice patrol shall be maintained during the entire ice season in guarding the southeastern, southern, and southwestern limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland. The patrol shall inform trans-Atlantic and other passing vessels by radio and other available means of the ice conditions and the extent of the dangerous region. During the ice season, there shall be maintained a service of study of ice and current conditions, a service of providing assistance to vessels and crews requiring assistance, and a service of removing and destroying derelicts. Any of these services may be maintained during the remainder of the year as may be advisable.
(b) Warnings to Vessels.—
An ice patrol vessel shall warn any vessel known to be approaching a dangerous area and recommend safe routes.
(c) Recording and Reporting Incidents.—
(1) Recording.—
An ice patrol vessel shall record the name of a vessel and the facts of the case when the patrol observes or knows that the vessel—
(A) is on other than a regular recognized or advertised route crossing the North Atlantic Ocean;
(B) has crossed the fishing banks of Newfoundland north of latitude 43 degrees north during the fishing season; or
(C) has passed through regions known or believed to be endangered by ice when proceeding to and from ports of North America.
(2) Reporting.—
The name of the vessel and all pertinent information about the incident shall be reported to the government of the country to which the vessel belongs if that government requests.
(d) Administration.—
The Commandant of the Coast Guard, under the direction of the Secretary of the department in which the Coast Guard is operating, shall carry out the services provided for in this section and shall assign necessary vessels, material, and personnel of the Coast Guard. On request of such Secretary, the head of an agency may detail personnel, lend or contribute material or equipment, or otherwise assist in carrying out the services provided for in this section.
(e) Annual Report.—
The Commandant shall publish an annual report of the activities of the services provided for in this section. A copy of the report shall be provided to each interested foreign government and to each agency assisting in the work.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1692.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80302
46 App.:738a.
June 25, 1936, ch. 807, § 2, 49 Stat. 1922; Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938.
In subsection (d), the words “Secretary of the department in which the Coast Guard is operating” are substituted for “Secretary of Transportation” because of the transfer of the Coast Guard to the Department of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2249). See also sections 1 and 3 of title 14, as amended by section 1704(a) of such Act (116 Stat. 2314).
46 U.S.C. § 80303 (SHIPPING)
§ 80303. Speed of vessel in ice region
(a) Requirement.—
The master of a vessel of the United States, when ice is reported on or near the vessel’s course, shall proceed at a moderate speed or change the course of the vessel to go well clear of the danger zone.
(b) Civil Penalty.—
A master violating this section is liable to the United States Government for a civil penalty of not more than $500.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1693.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80303
46 App.:738c.
June 25, 1936, ch. 807, § 4, 49 Stat. 1923.
In subsection (b), the words “liable to the United States Government for a civil penalty” are substituted for “liable to a fine” for clarity and for consistency in the revised title. The words “for each offense” are omitted as unnecessary.
46 U.S.C. § 80501 (SHIPPING)
§ 80501. Definitions
In this chapter:
(1) Container.—
The term “container” has the meaning given that term in the Convention.
(2) Convention.—
The term “Convention” means the International Convention for Safe Containers, and its annexes, done at Geneva, Switzerland, December 2, 1972.
(3) International transport.—
The term “international transport” means the transportation of a container between—
(A) a place in a foreign country and a place in the jurisdiction of the United States; or
(B) two places outside the United States by United States carriers.
(4) Owner.—
The term “owner” includes the lessee or bailee of a container if a written lease or bailment provides for the lessee or bailee to exercise the owner’s responsibility for maintaining and examining the container.
(5) Safety approval plate.—
The term “safety approval plate” has the meaning given that term in annex I of the Convention.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1694.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80501
46 App.:1501.
Pub. L. 95–208, § 2, Dec. 13, 1977, 91 Stat. 1475.
In the definition of “international transport”, subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1501(d)(1)–(3) to eliminate unnecessary words.
In the definition of “owner”, the words “includes the lessee or bailee of a container if a written lease or bailment provides for the lessee or bailee to exercise the owner’s responsibility for maintaining and examining the container” are substituted for “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” to eliminate unnecessary words.
The definition of “Secretary” is omitted because a complete reference to the appropriate Secretary is used the first time the Secretary is named in each section. Throughout this chapter, the phrase “Secretary of the department in which the Coast Guard is operating” is substituted for “Secretary of Transportation” because the Coast Guard has been transferred to the Department of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2249).
The definition of “United States” is omitted because “United States” is defined in chapter 1 of the revised title. The definitions of “new container” and “existing container” are omitted as obsolete.
46 U.S.C. § 80502 (SHIPPING)
§ 80502. Application of Convention
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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1694.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80502
46 App.:1502(a) (related to application of Convention).
Pub. L. 95–208, § 3(a) (related to application of Convention), Dec. 13, 1977, 91 Stat. 1476.
This section restates the applicability criteria of 46 App.:1502(a)(1) and (2) to improve the organization of the chapter.
46 U.S.C. § 80503 (SHIPPING)
§ 80503. General authority of the Secretary
(a) In General.—
The Secretary of the department in which the Coast Guard is operating shall carry out the Convention and this chapter in the United States.
(b) Regulations.—
The Secretary shall prescribe regulations to carry out this chapter. The regulations shall—
(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;
(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and
(3) provide a method for developing, collecting, and disseminating information about container safety and the international transport of containers.
(c) Safety Approval Plates.—
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.
(d) Schedule of Fees.—
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.
(e) Encouraging Intermodal Transport.—
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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1694.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80503(a)
46 App.:1503(a).
Pub. L. 95–208, § 4(a), (b), (c)(1), (3), (e), Dec. 13, 1977, 91 Stat. 1476, 1477.
80503(b)
46 App.:1503(b).
80503(c)
46 App.:1503(c)(1).
80503(d)
46 App.:1503(c)(3).
80503(e)
46 App.:1503(e).
In subsection (a), 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,” and “and, unless an earlier date is specifically provided,” are omitted as obsolete.
In subsection (b), before paragraph (1), the words “as soon as practicable after December 13, 1977” are omitted as obsolete. The word “prescribe” is substituted for “promulgate, and from time to time, amend” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words “he deems necessary for such enforcement” and “among other things” are omitted as unnecessary. In paragraph (1), the words “existing” and “new” are omitted as obsolete.
In subsections (c) and (d), the words “At any time after December 13, 1977” are omitted as obsolete.
46 U.S.C. § 80504 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1695.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80504.
46 App.:1502(a) (related to approval and examination).
Pub. L. 95–208, § 3(a) (related to approval and examination), Dec. 13, 1977, 91 Stat. 1476.
In this section, the words “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” are omitted as obsolete.
In subsections (a)(1) and (b)(1), the words “government of another country that is a party to the Convention” are substituted for “administration of another contracting party to the Convention” for clarity.
In subsection (c), the word “initial” is added for consistency in the section.
46 U.S.C. § 80506 (SHIPPING)
§ 80506. Delegation of authority
(a) In General.—
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.
(b) Regulations.—
Before making a delegation under this section, the Secretary shall prescribe regulations establishing—
(1) criteria to be followed in selecting a person to whom authority is to be delegated;
(2) a detailed description of the duties and powers to be carried out by the person to whom authority is delegated, including the records the person shall keep; and
(3) the review the Secretary will conduct to decide whether the person is carrying out the delegated duties and powers properly.
(c) Inspection of Records.—
A person delegated authority under this section shall make available to the Secretary for inspection, on request, records the person is required to keep.
(d) Penalties and Orders.—
A person delegated authority under this section may not—
(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
(2) issue or attempt to issue a detention or other order.
(e) Publication.—
The Secretary shall publish in the Federal Register or other appropriate publication—
(1) the name and address of each person to whom authority is delegated;
(2) the duties and powers delegated; and
(3) the period of the delegation.
(f) Revocation.—
The Secretary may revoke a delegation of authority under this section at any time.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1696.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80506
46 App.:1503(c)(2), (d).
Pub. L. 95–208, § 4(c)(2), (d), Dec. 13, 1977, 91 Stat. 1477.
Subsections (a) and (f) are substituted for 46 App. U.S.C. 1503(c)(2) and (d) (1st sentence) to improve the organization of the section.
In subsection (b)(1), the words “person to whom authority is to be delegated” are substituted for “person, public or private agency, or nonprofit organization as a recipient of delegated functions under such subsection” to eliminate unnecessary words.
Subsection (b)(2) is substituted for “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” to eliminate unnecessary words.
Subsections (c)–(e) are substituted for 46 App. U.S.C. 1503(d) (last par.) to improve the organization of the section and to eliminate unnecessary words.
46 U.S.C. § 80507 (SHIPPING)
§ 80507. Employee protection
(a) Prohibition.—
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.
(b) Complaints.—
An employee alleging to have been discharged or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor. The complaint must be filed within 60 days after the violation.
(c) Enforcement.—
The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee’s former position with back pay.
(d) Notice to Complainant.—
Within 30 days after receiving a complaint under this section, the Secretary of Labor shall notify the complainant of the intended action on the complaint.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1697.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80507
46 App.:1506.
Pub. L. 95–208, § 7, Dec. 13, 1977, 91 Stat. 1479.
In subsection (a), the words “in any manner” and “to the Secretary or his agents” are omitted as unnecessary. The words “or a regulation prescribed under this chapter” are added for consistency.
46 U.S.C. § 80508 (SHIPPING)
§ 80508. Amendments to Convention
(a) Proposals by United States.—
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.
(b) Proposals by Other Countries.—
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.
(c) Amendments to Annexes.—
(1) In general.—
The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating—
(A) may propose amendments to the annexes to the Convention;
(B) may propose a conference for amending annexes to the Convention; and
(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.
(2) Action following approval or objection.—
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.
(d) Appointment of Arbitrator.—
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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1697.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80508
46 App.:1507.
Pub. L. 95–208, § 8, Dec. 13, 1977, 91 Stat. 1479.
46 U.S.C. § 80509 (SHIPPING)
§ 80509. Civil penalty
(a) In General.—
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.
(b) Assessment and Collection.—
(1) In general.—
After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.
(2) Factors to consider.—
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.
(3) Remission, mitigation, or compromise.—
The Secretary may remit, mitigate, or compromise a penalty under this section.
(4) Enforcement.—
If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1698.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80509
46 App.:1505.
Pub. L. 95–208, § 6, Dec. 13, 1977, 91 Stat. 1478.
In subsection (a), 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 “liable to the United States Government for a civil penalty” are substituted for “subject to a civil penalty” for consistency in the revised title.
In subsection (b)(2), the words “In determining the amount of” are substituted for “In assessing, remitting, mitigating, or compromising” to eliminate unnecessary words.
47 U.S.C. § 1 to 6 (TELECOMMUNICATIONS)
§§ 1 to 6. Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327
text: Section 1, R.S. § 5263, related to use of public domain.
text: Section 2, R.S. § 5264, related to use of materials from public lands.
text: Section 3, R.S. § 5266; acts June 19, 1934, ch. 652, § 601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, § 6, 57 Stat. 12, related to Government priority in transmission of messages.
text: Section 4, R.S. § 5267; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to purchase of lines.
text: Section 5, R.S. § 5268; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to acceptance of obligations to be filed.
text: Section 6, R.S. § 5265; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, provided that rights were not transferable.
heading: Effective Date of Repeal
text: Section 3 of act July 16, 1947, provided that: “This Act [repealing sections 1 to 6 and 8 of this title] shall take effect on the tenth day following the enactment date thereof [July 16, 1947].”
heading: Authority of Federal Communications Commission; Effect of Repeal
text: Section 2 of act July 16, 1947, provided that: “Nothing in this Act [repealing sections 1 to 6 and 8 of this title] shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications.”
47 U.S.C. § 7 (TELECOMMUNICATIONS)
§ 7. Omitted
heading: Codification
text: Section, act June 23, 1879, ch. 35, § 1, 21 Stat. 31, was dependent upon and incorporated by reference in sections 1 to 6 and 8 of this title which were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327.
47 U.S.C. § 8 (TELECOMMUNICATIONS)
§ 8. Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327
text: Section, R.S. § 5269; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 252; June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to refusal to transmit dispatches.
heading: Effective Date of Repeal
text: Repeal effective on tenth day following July 16, 1947, see section 3 of act July 16, 1947, set out as a note under sections 1 to 6 of this title.
heading: Authority of Federal Communications Commission; Effect of Repeal
text: See note set out under section 1 of this title.
47 U.S.C. § 9 (TELECOMMUNICATIONS)
§ 9. Subsidized companies required to construct and operate lines
All railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall, by and through their own respective corporate officers and employees, maintain, and operate, for railroad, governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon them and obligations assumed by them under the acts making the grants as aforesaid.
(Aug. 7, 1888, ch. 772, § 1, 25 Stat. 382.)