46 U.S.C. § 80505 — Enforcement

(a) In General. To enforce the Convention, this chapter, and its regulations, the Secretary of the department running the Coast Guard may: (1) examine, or require someone to examine, containers used in international transport; (2) approve container designs; (3) inspect and test containers while they're being made; (4) issue a detention order — pulling a container from service or barring it — until the owner shows the Secretary the container meets the Convention's standards, if the container either (A) has no safety approval plate, or (B) has one but there's real evidence it's a safety risk; (5) take other appropriate action, including orders, to remove or restrict a container that doesn't comply with the Convention, this chapter, or its regulations, but that doesn't present an obvious safety risk; and (6) allow a container found unsafe or without a safety plate to move to another location for repair or other disposition, under restrictions consistent with the Convention's intent. (b) Payment of Expenses. (1) Examination. The container's owner must pay or reimburse the Secretary for the costs of an examination action under this section — except for routine examinations of the container or its safety plate. (2) Testing, inspection, and initial approval. The owner (for containers) or manufacturer (for designs) submitted to the Secretary's testing, inspection, or approval process must pay or reimburse the costs of that process. (3) Credit to appropriation. Any reimbursement the Secretary receives goes into the Coast Guard's operations and support budget. (c) Presumption Based on Safety Approval Plate. A container with a safety plate issued by a Convention country is presumed safe, unless there's real evidence it's actually a safety risk. (d) Notice of Orders. (1) In general. When the Secretary issues a detention or other order, the Secretary must promptly notify, in writing: (A) the container's owner; (B) the owner's agent; or (C) if the owner isn't identifiable from the container or shipping documents, whoever has custody of it. (2) Information to include. The notice must identify the container, say where it is, and describe the condition or situation causing the order. (e) Duration of Orders. An order under this section stays in effect until either: (1) the Secretary declares the container now meets the Convention's standards; or (2) the container is permanently taken out of service. (f) Notice of Defective Container to Country Issuing Safety Approval Plate. If the Secretary has reason to believe a container with another country's safety plate was actually defective when it was approved, the Secretary must notify that country.