§ 422.4 Examination, inspection, and testing.

(a) Prior to the issuance of a Certificate of Approval by design type the Certifying Authority shall:

(1) Make a physical examination of one or more containers of the production series concerned.

(2) Assure himself as to the adequacy of the manufacturer's system to control quality of materials used, manufacturing methods, and finished containers.

(3) Require the manufacturer to make available to the Certifying Authority records of materials, including affidavits. furnished by suppliers.

(b) [Reserved]

(c) The Certifying Authority shall conduct such examinations, inspections, and tests of the production run containers as it deems necessary.

[35 FR 12278, July 31, 1970, as amended at 39 FR 27670, July 31, 1974]

§ 422.5 Approval plates.

(a) The manufacturer shall affix, in a clearly visible place, on or near one of the doors or other main openings of each container manufactured to the approved design, a metal approval plate measuring at least 20 centimeters (7.8 inches) by 10 centimeters (3.9 inches). The following shall be embossed on or stamped into the surface of the approval plate:

(1) "Approved for transport under Customs seal.”

(2) "USA/(number of the certificate of approval)/(last two digits of year of approval)." (E.g. "USA/16001/70" means "United States of America certificate of approval number 16001 issued in 1970.")

(3) Identification of the type of container and of the number of the container in the type series.

[35 FR 12278, July 31, 1970]

§ 422.6 Termination of approval.

Any container the essential features of which are changed shall no longer be covered by the design type approval. Such a container may be made available to a Certifying Authority for inspection and individual approval in accordance with Part 423 of this chapter. However, repairs in kind do not

This part provides for the individual approval and certification of containers which are not manufactured under a Certificate of Approval by design type or are altered so as to void their design type approval.

[35 FR 12278, July 31, 1970] § 423.2 Application.

A written request for individual approval of a container may be made by the manufacturer, carrier, or owner to a Certifying Authority and must include the following:

(a) Type of container.

(b) Name and business address of applicant.

(c) Identification marks and numbers.

(d) Tare weight.

(e) Nominal overall dimensions in centimeters.

(f) Type of construction and essential particulars of structure (nature of materials, parts which are reinforced, whether bolts are riveted or welded, and similar matters).

(g) Proposed location and date for inspection of container.

[35 FR 12278, July 31, 1970, as amended at 39 FR 27670, July 31, 1974]

§ 423.3 Eligibility.

Individual containers may be submitted for inspection by the owner to a certifying authority

(a) In the country in which the owner is a resident or established; or

(b) In the country in which the container is used for the first time for transport under Customs seal.

[39 FR 27670, July 31, 1974]

§ 423.3a Technical requirements for containers.

(a) A container that is submitted for inspection for individual approval must comply with the requirements of Annex 6, as modified by applicable resolutions of the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention), January 15, 1959 (20 UST 184, TIAS 6633). Copies of Annex 6, as modified by applicable resolutions, may be obtained from the Coast Guard (MHM), Room 8306, 400 Seventh Street SW., Washington, D.C. 20590.

(b) If any of the requirements in Articles 1 through 3 of Annex 6 are not compatible with the technical requirements that insulated and refrigerator containers, furniture containers, tank containers, and containers specially built for carriage by air must fulfill in use, the certifying authority may approve other arrangements that are equivalent to the requirements in Annex 6 and serve the purpose for which the certification is intended.

[39 FR 27670, July 31, 1974]

§ 423.4 Approval of individual containers. The certifying authority issues an individual certificate of approval, valid for 2 years, for each container that meets the requirements in § 423.3a. [39 FR 27671, July 31, 1974]

§ 423.4a Certificate of approval.

A certificate of approval framed as required in Article 1-4 of Annex 6, Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention), is evidence of approval if it remains sealed in the protective frame. [39 FR 27671, July 31, 1974]

(b) Name and business address of owner or carrier;

(c) Name of the manufacturer; (d) Chassis number;

(e) Engine number (if applicable);

(f) Registration number;

(g) Particulars of construction;

(h) Any photos or diagrams required by the certifying authority to facilitate approval; and

(i) A proposed place and date for inspection of the road vehicle.

§ 424.3 Eligibility.

A road vehicle may be submitted for inspection by the manufacturer, owner, or carrier to a certifying authority of the country in which the manufacturer, owner, or carrier, respectively, is resident or established.

§ 424.4 Technical requirements for road vehicles.

(a) A road vehicle that is submitted for inspection for individual approval must comply with the requirements of Annex 3, as modified by applicable resolutions, of the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention), January 15, 1959 (20 UST 184, TIAS 6633). Copies of Annex 3, as modified by applicable resolution, may be obtained from the Coast Guard (MHM), Room 8306, 400 Seventh Street SW., Washington, D.C. 20590.

(b) If any of the requirements in Articles 1 through 3 of Annex 3 are not compatible with the technical requirements that insulated vehicles, refrigerator vehicles, furniture vehicles, and tank vehicles must fulfill in use, the certifying authority may approve other arrangements that are equiva

(a) In this subchapter: (1) “Approval Authority" means a delegate of the Commandant authorized to approve containers within the terms of the convention, the International Safe Container Act and this subchapter.

(2) "Container" means an article of transport equipment:

(i) of a permanent character and suitable for a repeated use.

(ii) Specially design to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading.

(iii) Designed to be secured and readily handled, having corner fittings for these purposes.

(iv) of a size that the area enclosed by the four outer bottom corners is either:

(A) At least 14 sq.m. (150 sq.ft.), or

(B) At least 7 sq.m. (75 sq.ft.) if it has top corner fittings. The term "container" includes neither vehicles nor packaging; however, containers when carried on chassis are included.

(3) "Convention" means the International Convention for Safe Containers (CSC) done at Geneva, December 2, 1972 and ratified by the United States on January 3, 1978.

(4) "District Commander" means the Coast Guard officer designated by the Commandant to command a Coast Guard District.

§ 450.5 General requirements and applicability.

(a) Every owner of a new or existing container used or offered for movement in international transport shall have the container approved in accordance with the procedures established by the Administration of any contracting party to the convention, except that existing containers need not be approved until September 6, 1982.

(b) Every owner of an approved container used or offered for movement in international transport who:

(1) Is domiciled in the United States and has the head office in the United States, or

(2) Is domiciled in a country which is not a contracting party to the convention but has the principal office in the United States, shall have the container periodically examined in accordance with Part 452 of this subchapter.

(c) Every owner of an approved container used or offered for movement in international transport who:

(1) Is domiciled in the United States but has the principal office in the jurisdiction of another contracting party to the convention, or

(2) Is domiciled in the jurisdiction of another contracting party to the convention but has the principal office in the United States, but elects to have the container examined in accordance with the procedures prescribed by the United States, shall conform to Part 452 of this subchapter.

(d) Every owner of an approved container used or offered for movement in international transport who is neither domiciled in nor has the principal office in the jurisdiction of a contracting party to the convention, but elects to have the container examined in accordance with procedures prescribed by the United States, shall conform to Part 452 of this subchapter.

Subpart B-Procedure for Delegation to Approval Authorities

§ 450.11 Application for delegation of authority.

(a) Any person or organization seeking delegation of authority to act as an Approval Authority may apply to the Commandant, (G-MHM), U.S. Coast Guard, Washington, D.C. 20593. Each application must be signed and certified by the applicant or, if the applicant is an organization, by an authorized officer of the organization. A list of delegated approval authorities may be obtained from the Commandant (G-MHM).

(b) The application must include the following information: (1) Name and address, including place of incorporation, if a corporation.

(2) A description of the organization, including the ownership, managerial structure, organizational components and directly affiliated agencies and their functions utilized for supporting technical services.

(3) A listing of the basic technical services offered.

(4) A general description of the geographic area served.

(5) A general description of the clients being served or intended to be served.

(6) A description of the types of work performed by the applicant in the past, noting the amount and extent of such work performed within the previous three years.

(7) A description of the personnel to be utilized, indicating general background and qualifications, particularly for the surveyors to be involved in the actual witnessing of tests.

(8) A description of its means of assuring continued competence of its personnel.

(9) A detailed schedule of the fees proposed to be charged for the approval service.

(10) Evidence of financial stability.

(11) At least three business references who will furnish information regarding work performed by the applicant.

(12) A statement that the Coast Guard may inspect the applicant's facilities and records of approvals under the convention and these regulations.

(c) The application may contain any additional information the applicant deems to be pertinent.

(d) The applicant must furnish any additional information to evaluate the applicant's qualifications, if requested by the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard.

(e) Applications from foreign nationals or organizations must contain an affidavit stating that the agency responsible for implementing the Convention in their country has delegated to the applicant an approval authority, and that it also delegates similar authority to United States citizens or organizations having delegations from the United States. The affidavit must also contain the name and address of the agency to which U.S. citizens or organizations must apply for delegation as an approval authority.

§ 450.12 Criteria for selection of Approval Authorities.

(a) The Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard selects persons or organizations in accordance with the following criteria:

(1) The person or organization is independent of manufacturers and owners in that:

(i) It has sufficient breadth of interest or activity, so that the loss or award of a specific contract to approve containers would not be a substantial factor in the financial well-being of the organization.

(ii) The employment status of the personnel of the organization is free from influence or control of manufacturers, owners, operators or lessors of containers.