An Act to establish uniform structural requirements for intermodal cargo containers, subject to the jurisdiction of the United States, designed to be transported interchangeably by sea and land carriers, and moving in, or designed to move in, international trade, and for other purposes.
PL 95-208 (H.R.8159), enacted 12/13/1977

PUBLIC LAW 95-208—DEC. 13, 1977 
91 STAT. 1475 
Public Law 95-208 
95th Congress 
An Act 
To establish uniform structural requirements for intermodal cargo containers, 
Uec. 13, 1977 
subject to the jurisdiction of the United States, designed to be transported 
[H.R. 8159] 
interchangeably by sea and land carriers, and moving in, or designed to move 
in, international trade, and for other purposes. 
Be it enacted hy the Senate and House of RepresenJ;atives of the 
United States of America in Congress assembled^ That this Act may International 
be cited as the "International Safe Container Act". 
Safe Container 
Act 
SEC. 2. DEFINITIONS. 
46 bsC 1501 
As used in this Act— 
note. 
(a) The term "Secretary" means the Secretary of Transportation. 46 USC 1501. 
(b) The term "Convention" means the International Convention 
for Safe Containers, and the annexes thereto, done at Geneva, Switzer-
land, 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 Dis-
trict 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 con-
tainer, 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. 
91 STAT. 1476 
PUBLIC LAW 95-208—DEC. 13, 1977 
Containers, 
approval and 
examination. 
46 use 1502. 
Enforcement. 
46 u s e 1503. 
Regulations. 
Containers, 
testing and 
approval 
procedures. 
Periodic 
examination. 
Data, collection 
and 
dissemination. 
SEC. 3. DUTIES OF AN OWNER. 
. ! 
(a) 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 Conven-
tion; 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 Con-
vention; and shall, thereafter, have each such container peri-
' odically 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 domi-
ciled 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 b
^
y
^ the Secretary. 
(b) During the period 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, and before September 6, 
1982, an owner of an existing container may have such container 
approved according to the procedure established by the Secretary, and 
have a safety approval plate affixed to it, if such container is found 
to meet the standards of the Convention. 
SEC. 4. DUTIES OF THE SECRETARY. 
(a) 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 provi-
sions of the Convention, and, unless an earlier date is specifically 
provided, the provisions of this Act, in the United States. 
(b) The Secretary shall, as soon as practicable after the date of 
enactment of this Act, 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, invali-
, 
dating, 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 dissemi-
nating data concerning container safety and the international 
transport of containers. 
PUBLIC LAW 95-208—DEC. 13, 1977 
91 STAT. 1477 
(c) At any time after the date of enactment of this Act, 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 dele-
gated by the Secretary, relating to the testing, inspection, and 
initial approval of containers and container designs. 
(d) Those delegations made under subsection (c) (2) 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 dele-
gated 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 Act, the Convention, or any order of the Secre-
tary issued under this Act, or issue or attempt to issue any detention 
or other order. Any records required to be kept by regulations pro-
mulgated 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 
J'ederal Register and otherwise publicized as appropriate. 
(e) The Secretary shall, to the maximum possible extent, encour-
age 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. 5. ENFORCEMENT. 
(a) (1) On and after the date the instrument of ratification is 
dej)osited by the United States in accordance with the provisions of 
article VII of the Convention, to ensure compliance with this Act, 
and with the Convention, the Secretary may— 
(A) examine, or require to be examined, new containers, and 
existing containers which are subject to this Act, in international 
transport, and test, inspect, and approve designs for new con-
tainers 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 Act and does 
Safety approval 
plate, affixation. 
Authority 
delegation. 
Fees. 
Regulations. 
Records, 
availability. 
Publication in 
Federal Register. 
46 u s e 1504. 
Container 
examination, 
testing, and 
approval. 
Detention order. 
91 STAT. 1478 
PUBLIC LAW 95-208—DEC. 13, 1977 
Noncompliance. 
Unsafe or invalid 
container, 
movement. 
Internationally 
used container 
examination, 
effective date. 
Examination and 
approval, 
payment. 
Order issuance, 
notification. 
46 u s e 1505. 
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 con-
tainer involved from service, or restrict its use, in those instances 
where he finds that a container is not in compliance with the pro-
visions of this Act or the Convention but does not present an obvi-
ous 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 con-
siders necessary and consistent with the intent of the Convention, for 
repair or other appropriate disposition. 
(2) Beginning on September 6, 1982, the Secretary may examine 
or require to be examined any existing container in international 
transport. 
(b) 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 con-
tainers 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) 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) 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 con-
tainer is declared by the Secretary, or under regulations promulgated 
by the Secretary, to be in compliance with the standards of the Con-
vention, or until it is permanently removed from service, whichever 
first occurs. 
(e) If there is reason to believe that a container to which there is 
affixed a safety approval plate issued by a foreign country was defec-
tive at the time of approval, the Secretary shall notify the country 
which issued the approval of such defect. 
SEC. 6. PENALTIES. 
(a) 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 5; and 
PUBLIC LAW 95-208—DEC. 13, 1977 
91 STAT. 1479 
Assessment, 
collection, and 
remittance. 
(2) fails to take reasonable and prompt action to prevent or 
stop a container subject to that order from being moved in vio-
lation 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) The Secretary shall assess and collect any penalty incurred under 
this section, and, in his discretion may remit, mitigate, or compro-
mise any such penalty. No penalty shall be assessed until after the 
person charged has been given notice and an opportunity for a hear-
ing. 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 viola-
tions of this Act or of the Convention. Upon failure of any person to Recovery actions, 
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. 7. EMPLOYEE PROTECTION. 
(a) No person shall discharge or in any manner discriminate against 46 USC 1506. 
an employee because the employee has reported the existence of an 
unsafe container or reported a violation of this Act to the Secretary 
or his agents. 
(b) An employee who believes that he has been discharged or dis- Complaint, filing, 
criminated 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) The Secretary of Labor may investigate the complaint and, if Investigation, 
he determines that this section has been violated, bring an action in an 
appropriate United States district court. The district court shall have Jurisdiction, 
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) Within 30 days after the receipt of a complaint filed under this Notification to 
section the Secretary of Labor shall notify the complainant of his complainant, 
intended action regarding the complaint. 
SEC. 8. AMENDMENTS TO THE CONVENTION. 
(a) The Secretary of State, with the concurrence of the Secretary, 46 USC 1507. 
may propose amendments to the Convention or may request a confer-
ence for amending the Convention in accordance with article I X of 
the Convention. An amendment communicated to the United States in 
accordance with article I X ( 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) The Secretary of State, with the concurrence of the Secretary, 
may propose amendments to the annexes of the Convention, may pro-
pose 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 amend-
ment shall enter into force in accordance with article X of the Conven-
tion. 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. 
91 STAT. 1480 
PUBLIC LAW 95-208—DEC. 13, 1977 
Arbitrator, 
(c) The Secretary of State, with the concurrence of the Secretary, 
appointment by 
gj^g^ij appoint an arbitrator when one is required to resolve a dispute 
Stet?. 
within the meaning of article XIII of the Convention. 
SEC. 9. AUTHORIZATION OF APPROPRIATION. 
46 use 1508. 
Beginning with the fiscal year ending September 30, 1979, and for 
each fiscal year thereafter, there are authorized to be appropriated such 
• 
sums as are necessary to carry out the provisions of this Act. 
Approved December 13, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-693, pt. 1 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 95-552 accompanying S. 1597 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Nov. 1, considered and passed House; also S. 1597 considered and passed 
Senate. 
Nov. 4, considered and passed Senate, amended, in lieu of S. 1597. 
'f 
Nov. 29, House concurred in Senate amendment.