1625-0024 Stat/Authority

Pt. 453

49 CFR Ch. IV (10–1–10 Edition)
anyone loading or unloading the container, a mark or tag indicating that
the container must be examined before
being reloaded and again used in international transport. The mark or tag affixed by the District Commander or
Captain of the Port indicates the place
and the date on which it was affixed,
and is capable of remaining legible and
in place for at least 12 months. Such
mark or tag must not be removed until
the container is examined in accordance with § 452.3 of this subchapter. If a
District Commander or Captain of the
Port finds that container marked or
tagged as provided for in this paragraph was reloaded and used or offered
for movement in international transport without having been examined,
the District Commander or Captain of
the Port issues a detention order causing the container to be removed from
service until it is brought into compliance.

PART 453—CONTROL AND
ENFORCEMENT
Sec.
453.1 Unsafe and noncomplying containers
subject to detention or control.
453.3 Detention orders and other orders.
453.5 Termination of detention orders and
other orders.
453.7 Appeal provisions.
AUTHORITY: Sec. 4, 91 Stat 1475 (46 U.S.C.
1503); Department of Homeland Security Delegation No. 0170.1.
EDITORIAL NOTE: Nomenclature changes to
part 453 appear at 74 FR 49241, Sept. 25, 2009.

jdjones on DSKHWCL6B1PROD with CFR

§ 453.1 Unsafe and noncomplying containers subject to detention or control.
(a) Any container used in or offered
for movement in international transport which does not have a valid safety
approval plate attached to it is subject
to detention or other control by a District Commander or Captain of the
Port. However, upon receipt of evidence that a container which does not
have a valid safety approval plate attached to it meets the standards of the
convention, the District Commander or
Captain of the Port may authorize limited movement of such container under
conditions he deems appropriate. This
paragraph becomes effective on January 3, 1979 for new containers and on
January 1, 1985 for existing containers.
(b) If a District Commander or Captain of the Port finds that a container
used in or offered for movement in
international transport, even though it
has a valid safety approval plate attached to it, is in a condition that creates an obvious risk to safety, he issues
a detention order causing the container
to be removed from service until it is
restored to a safe condition. In addition to removing a container from
transport, a detention order may require any special handling, including
unloading prior to movement, necessary to ensure safety.
(c) If a District Commander or Captain of the Port finds that a container
used or offered for movement in international transport has not been timely
examined, the District Commander or
Captain of the Port affixes to the container, at a place on the container
where it will be readily noticeable to

[45 FR 37217, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982]

§ 453.3 Detention orders and other orders.
(a) The terms of any detention order
or other order issued under § 453.1, to
the maximum extent practicable, make
provisions to avoid loss or damage to
cargo.
(b) Written notice of any detention
order or other order issued under § 453.1
is given immediately to the terminal
operator, stevedore, or other person
having actual control over the container involved. Prompt notification is
also given to the owner of the container, or his agent. The notification
identifies the container involved, its
location, and describes the condition
which gave rise to the order.
[45 FR 37217, June 2, 1980]

§ 453.5 Termination of detention orders and other orders.
(a) When a container, which is the
subject of a detention order or other
order, is restored to a safe condition or
otherwise brought into compliance, it
must be examined in accordance with
§ 452.3 and a new re-examination date
marked on the container in accordance
with § 452.1(b) of this subchapter.

16

VerDate Mar<15>2010

14:39 Dec 20, 2010

Jkt 220217

PO 00000

Frm 00026

Fmt 8010

Sfmt 8010

Y:\SGML\220217.XXX

220217

Coast Guard, DHS

§ 453.7

(b) The owner or the owner’s agent
shall notify the District Commander or
Captain of the Port who issue the
order, in writing, that the container
has been brought into compliance.
Upon giving such notice, the owner, or
his agent, may return the container to
service.

surveys, the Chief, Office of Operating
and Environmental Standards (CG–522),
U.S. Coast Guard affirms, sets aside, or
modifies the order.
(c) The owner of a container is liable
for any costs incident to a petition for
review including any independent surveys, and for any other costs incident
to or resulting from detention or other
control of a container.
(d) Unless otherwise determined by
the Chief, Office of Operating and Environmental Standards (CG–522), U.S.
Coast Guard, a detention order or other
order remains in effect pending the
outcome of any petition or appeal of
that order.
(e) The Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard acts on all appeals
within ten days of receipt.

[45 FR 37217, June 2, 1980]

jdjones on DSKHWCL6B1PROD with CFR

§ 453.7 Appeal provisions.
(a) The owner, his agent, or the custodian of a container subject to a detention order or other order, may petition the Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard to review that order.
(b) The Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard requires independent
surveys to determine the extent of deficiencies, if necessary. Upon completion
of his review, including review of the
results of any required independent

[45 FR 37217, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30,
2004]

17

VerDate Mar<15>2010

14:39 Dec 20, 2010

Jkt 220217

PO 00000

Frm 00027

Fmt 8010

Sfmt 8010

Y:\SGML\220217.XXX

220217