Encl. (5) to COMDINST 16616.11B
USE OF WARNING STICKERS AND GUIDANCE FOR DETENTION OF
UNINSPECTED OR UNSAFE CONTAINERS
1.
The requirements and procedures of 49 CFR 450-453 extend only to containers used in
international transportation. COTPs, however, may control or direct the handling and
movement of any shipment of containerized hazardous materials on waterfront facilities under
the authority of 33 CFR 6.04-7, 33 CFR 126.29 and 33 CFR 160.109. Containers may be
detained if they display serious violations of the hazardous materials transportation regulations
(those that may directly affect public safety), if they are structurally unsound, or if they lack a
Safety Approval Plate. Figure (1) in Enclosure (6) shows the sticker to use to indicate that a
container has been detained. For public notification purposes, the sticker lists the civil penalty
for violation of the ISCA and the civil/criminal penalties for violation of a detention order
respectively.
2.
In any case where a container is placed under detention, immediate written notification shall be
given to the owner, agent, or other person acting as custodian. The completed CG-5577 (rev 2-
99) will satisfy this notice requirement. The instructions noted on the CG-5577 should be
copied into the instructions block on the warning sticker to inform yard workers as to the
detention. It is the responsibility of the facility (or other custodian of the container at the time
of the inspection) to contact the shipper, consignee, or other appropriate party to arrange for
any required resolution of discrepancies. But the Coast Guard can assist.
3.
If a container has a valid Safety Approval Plate, but has not been periodically examined and
marked in accordance with 49 CFR 452, nor enrolled in an Approved Continuous Examination
Program (ACEP), Coast Guard personnel shall affix a sticker requiring that it be examined
prior to reloading and/or reuse in international transportation. Containers marked in this
manner are not detained (except as below), but allowed to continue their contracted route, and
be off-loaded. Figure (2) in Enclosure (5) represents a sample sticker which may be used by
the Coast Guard to indicate that a container must be re-inspected (or proof it had been) prior to
reloading or reuse. In accordance with 49 CFR 453.1(c), if such a container is reloaded and
used or offered for international transport, a detention order shall be issued causing the
container to be removed from service until brought into compliance.
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