[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR453.1]

[Page 15-16]
 
                        TITLE 49--TRANSPORTATION
 
          CHAPTER IV--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 453--CONTROL AND ENFORCEMENT--Table of Contents
 
Sec. 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

[[Page 16]]

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 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 Sec. 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.

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