Discussion - CI_16616

Guidance and Procedures for Conducting Containerized Hazardous MAterial
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Data collection and intelligence sharing with other agencies needs improvement as

identified in Reference (b).

DISCUSSION.

Recognizing the potential for incidents resulting from the improper shipping of hazardous

materials in intermodal transportation, the Coast Guard established a standardized CIP.

Commandant (G-MOC) manages this program at the policy level, and the Container

Inspection Training and Assist Team (CITAT) develops and disseminates procedures

through lesson plans and job aids.

The Coast Guard inspects containers under the CIP in order to protect ports, vessels, and

the surrounding population from potential hazardous materials incidents. The Coast

Guard has a broad and longstanding mandate to protect U.S. ports and waterways. This

general authority is stated in part in the Ports and Waterways Safety Act, and implemented

by 33 CFR 160.109: "To prevent damage to, or the destruction of, any bridge or other

structure on or in the navigable waters of the United States, or any land structure or shore

area immediately adjacent to such waters, and to protect the navigable waters therein from

harm resulting from vessel or structure damage, destruction, or loss, each District

Commander or Captain of the Port may: (1) Direct the handling, loading, unloading,

storage, and movement (including the emergency removal, control and disposition) of

explosives or other dangerous articles and substances, including oil or hazardous

material."

To prevent such potential damage or destruction, the Coast Guard was granted authority

for `visitation, search, and removal' in port areas. This authority is based on Executive

Order 11249 of 13 October 1965, which has since been codified in 33 CFR 6.04-7, and

states: "The Captain of the Port may cause to be inspected and searched at any time any

vessel, waterfront facility, or security zone, or any person, article, or thing therein, within

the jurisdiction of the United States, may place guards upon such vessel, waterfront

facility, or security zone and may remove therefrom any and all persons, articles, or things

not specifically authorized by him to go or remain thereon or therein."

Cargoes and Containers are inspected for compliance with the Federal Hazardous

Materials Transportation law, 49 U.S.C. 5101-5127, and the International Safe

Container Act (ISCA), 46 U.S.C. 1500-1507. Regulations implementing the Federal

Hazmat law are codified in 49 CFR 107-180. Regulations implementing ISCA can be

found in 49 CFR 450-453.