DOT 49 CFR PART 453-2010 CONTROL AND ENFORCEMENT.pdf

1、16 49 CFR Ch. IV (10110 Edition) Pt. 453 PART 453CONTROL 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

2、 1475 (46 U.S.C. 1503); Department of Homeland Security Del-egation No. 0170.1. EDITORIAL NOTE: Nomenclature changes to part 453 appear at 74 FR 49241, Sept. 25, 2009. 453.1 Unsafe and noncomplying con-tainers subject to detention or con-trol. (a) Any container used in or offered for movement in int

3、ernational trans-port which does not have a valid safety approval plate attached to it is subject to detention or other control by a Dis-trict Commander or Captain of the Port. However, upon receipt of evi-dence that a container which does not have a valid safety approval plate at-tached to it meets

4、 the standards of the convention, the District Commander or Captain of the Port may authorize lim-ited movement of such container under conditions he deems appropriate. This paragraph becomes effective on Janu-ary 3, 1979 for new containers and on January 1, 1985 for existing containers. (b) If a Di

5、strict Commander or Cap-tain 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 at-tached to it, is in a condition that cre-ates an obvious risk to safety, he issues a detention order causing the container t

6、o be removed from service until it is restored to a safe condition. In addi-tion to removing a container from transport, a detention order may re-quire any special handling, including unloading prior to movement, nec-essary to ensure safety. (c) If a District Commander or Cap-tain of the Port finds

7、that a container used or offered for movement in inter-national transport has not been timely examined, the District Commander or Captain of the Port affixes to the con-tainer, at a place on the container where it will be readily noticeable to anyone loading or unloading the con-tainer, a mark or ta

8、g indicating that the container must be examined before being reloaded and again used in inter-national transport. The mark or tag af-fixed 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

9、at least 12 months. Such mark or tag must not be removed until the container is examined in accord-ance 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 para-graph was reloaded and used or offered for movement

10、 in international trans-port without having been examined, the District Commander or Captain of the Port issues a detention order caus-ing the container to be removed from service until it is brought into compli-ance. 45 FR 37217, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982 453.3 Detention

11、 orders and other or-ders. (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 ope

12、rator, stevedore, or other person having actual control over the con-tainer involved. Prompt notification is also given to the owner of the con-tainer, or his agent. The notification identifies the container involved, its location, and describes the condition which gave rise to the order. 45 FR 3721

13、7, June 2, 1980 453.5 Termination of detention or-ders 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 ma

14、rked on the container in accordance with 452.1(b) of this subchapter. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from

15、 IHS-,-,-17 Coast Guard, DHS 453.7 (b) The owner or the owners 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.

16、 45 FR 37217, June 2, 1980 453.7 Appeal provisions. (a) The owner, his agent, or the cus-todian of a container subject to a de-tention order or other order, may peti-tion the Chief, Office of Operating and Environmental Standards (CG522), U.S. Coast Guard to review that order. (b) The Chief, Office

17、of Operating and Environmental Standards (CG522), U.S. Coast Guard requires independent surveys to determine the extent of defi-ciencies, if necessary. Upon completion of his review, including review of the results of any required independent surveys, the Chief, Office of Operating and Environmental

18、 Standards (CG522), 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 sur-veys, and for any other costs incident to or resulting from detention or other control of a container.

19、 (d) Unless otherwise determined by the Chief, Office of Operating and Envi-ronmental Standards (CG522), 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 (C

20、G522), U.S. Coast Guard acts on all appeals within ten days of receipt. 45 FR 37217, June 2, 1980, as amended at 47 FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30, 2004 VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-