(2) Each examination must take into account the particular characteristics of various kinds (types) of containers and materials of construction.

(3) Each examination must be performed by qualified personnel, trained and experienced in the detection of container structural damage.

(4) The examinations must be scheduled so as to allow adequate time for thorough performance.

(5) Each examination must apply owner established or industry accepted pass/fail criteria to determine whether a container has any deficiency that must be remedied before the container is returned to service.

(b) Examinations must be documented, and the records retained by the owner, until the next examination is completed and recorded. The records must include in addition to identification of the container, a record of the date of last examination and a means of identifying the examiner. The records must be maintained in an office under the control of the owner and be made available for inspection by the Coast Guard upon demand. If the original records are maintained outside the United States, its territories or possessions, supplementary records must be available in written or data processing form to be produced on demand of the Commandant or his representative.

SOURCE: 45 FR 37217, June 2, 1980, unless otherwise noted.

§ 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 September 6, 1982, 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

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§ 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.

§ 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.

§ 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.

(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.

§ 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, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard to review that order.

(b) The Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, 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 surveys, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, 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, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, 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, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard acts on all appeals within ten days of receipt.

§ 501.2 General.

National

The Highway Traffic Safety Administrator is delegated authority by the Secretary of Transportation (49 CFR 1.50) to:

(a) Carry out the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; (15 U.S.C. 1381, et seq.)).

(b) Carry out the Highway Safety Act of 1966, as amended (80 Stat. 731) (including chapter 4 of title 23 U.S.C.) except for highway safety programs, research, and development relating to highway design, construction and maintenance, traffic control devices, identification, and surveillance of accident locations, and highway-related aspects of pedestrian and bicycle safety.

(c) Exercise the authority vested in the Secretary by section 210(2) of the Clean Air Act (42 U.S.C. 1857, et seq.) as amended by section 10(b) of Pub. L. 91-604 (84 Stat. 1700).

(d) Exercise the authority vested in the Secretary by section 204(b) of the Federal Railroad Safety Act of 1970

(84 Stat. 972; 45 U.S.C. 433(b)) with respect to the laws administered by the National Highway Traffic Safety Administrator pertaining to highway, traffic, and motor vehicle safety.

(e) Carry out the Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note).

(f) Carry out the functions vested in the Secretary by the Motor Vehicle Information and Cost Savings Act of 1972, as amended (49 U.S.C. 1902 et seq.) except section 512.

(g) Carry out the functions vested in the Secretary by section 211(c) of the Highway Safety Act of 1973, Pub. L. 93-87, title II (87 Stat. 282).

(h) Carry out the functions vested in the Secretary by section 108 of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1482).

(i) Administer the following sections of title 23, U.S.C., with the concurrence of the Federal Highway Administrator:

(1) 141, as it relates to certification of the enforcement of speed limits; and

(2) 154 (a), (b) and (d).

(j) Carry out the functions vested in the Secretary by section 1(a) of Executive Order 11912.

§ 501.3 Organization and general responsibilities.

The organization of, and general spheres of responsibility within, the NHTSA, through the levels of the immediate Office of the Administrator (which includes the Deputy Administrator; the Executive Secretariat; Director, Office of Civil Rights; and the Director, Office of Public Affairs and Consumer Participation), the Chief Counsel and the offices of the Associate Administrators, are as follows:

(a) Office of the Administrator—(1) Administrator. Provides for: (i) Representation of the Department and is the principal advisor to the Secretary in all matters relating to functions assigned under the National Traffic and Motor vehicle Safety Act of 1966, as amended; to the driver and motor vehicle functions assigned under the Highway safety Act of 1966; to motor vehicle and consumer information