(2) The person or organization has demonstrated the ability to competently carry out the procedures required for approval. (3) The person or organization has an acceptable degree of financial security. § 450.13 Granting of delegation. (a) The Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard acts on applications for delegation within 60 days of receipt. (b) If an applicant for delegation does not provide sufficient information with regard to all the criteria for delegation, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard denies the application. A denial of an application on this basis is without prejudice to the submission of a new or amended application. (c) If an applicant satisfies all the criteria for delegation the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard sends the applicant a letter of delegation, and assigns to the Approval Authority an alphabetic Approval Authority identification code. (d) If an applicant fails to satisfy all the criteria for delegation, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard gives the applicant written notice of denial of his application. The notice contains all the reasons for the denial. The applicant may contest the denial by submitting additional oral or written evidence in support of its qualifications. Upon review of the evidence, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard notifies the applicant of the final decision. § 450.14 Conditions of delegation. (a) The following conditions are part of every delegation: (1) The Appoval Authority shall use only testing equipment that it has determined by inspection to be suitable for the purpose. (2) All approval numbers issued by the Approval Authority must contain the identification code, assigned to the Approval Authority by the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard. (3) Each Approval Authority shall maintain the following records for a period of at least 15 years from the date of approval. (When the Approval Authority's delegation is withdrawn before such time, the records relating to the approvals issued within the prior 15 years must be turned over to the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard): (i) Each notice of approval issued. (ii) A copy of the application and final approved drawings (if applicable) to which each approval refers. (iii) The manufacturer's serial numbers and the owner's identification numbers of all containers covered by each approval. (4) Each Approval Authority shall establish and make available to the public a schedule of fees for the approval services performed under these regulations. The fees must not be disproportionate to the costs (including transportation expense, if any) actually incurred. (5) The Approval Authority shall grant the Coast Guard the right to inspect records and shall cooperate in the conduct of such inspections. (6) The Approval Authority shall comply with any other term or condition stated in its letter of delegation. § 450.15 Termination of delegation. (a) An Approval Authority may voluntarily terminate its delegation by giving written notice of its intent to the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard. This notice must contain the date on which the termination is to be effective. § 450.16 Withdrawal of delegation. (a) The Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard withdraws a delegation if: (1) It is determined that the application for delegation contained a material misrepresentation. (2) An Approval Authority fails to comply with a condition of delegation. (3) An Approval Authority is incompetent. (b) When a delegation is withdrawn, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard gives to the Approval Authority: (1) Written notice of the facts or conduct believed to warrant the withdrawal. (2) Opportunity to submit oral or written evidence. (3) Opportunity to demonstrate or achieve compliance with the applicable requirement. PART 451-TESTING AND APPROVAL OF CONTAINERS Subpart A-Approval of Existing Containers Sec. 451.1 Application for approval. 451.7 Alternative approval of existing con tainers. Subpart B-Approval of New Containers 451.11 Application for approval-general. 451.12 Application for approval by design type. 451.13 Action by Approval Authority-approval be design type. 451.14 Alternative approval of new containers by design type. 451.15 Application for individual approval. 451.16 Action by Approval Authority-individual approval. 451.18 Review of denials of approval. Subpart C-Safety Approval Plate 451.21 Safety approval plate required. AUTHORITY: Sec. 4, 91 Stat. 1475, 46 U.S.C. 1503, 49 CFR 1.46(n). SOURCE: 45 FR 37214, June 2, 1980, unless otherwise noted. Subpart A-Approval of Existing Containers § 451.1 Application for approval. (a) Any owner of an existing container may apply for approval to the Commandant (G-MHM), U.S. Coast Guard, Washington, D.C. 20593 or to any Approval Authority. (b) Each application must include the following for each container: (1) Date and place of manufacture. (2) Manufacturer's identification number, if available. (3) Maximum operating gross weight capacity. (4) Allowable stacking weight for 1.8G (1.8 x Gross weight in kilograms or pounds). NOTE: This value is the total load the container is designed to support when subjected to a vertical acceleration of 1.8G. (5) A statement that the owner possesses documentary evidence that: (i) Container of this type has been safely used in marine or inland transport for a period of at least two years; or (ii) The container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II to the convention with the exception of those technical conditions relating to the end-wall and side-wall strength tests; or (iii) The container was constructed to standards that were equivalent to the technical conditions set out in Annex II to the convention with the exception of those technical conditions relating to end-wall and side-wall strength tests. (6) A certification by the owner, or, if the owner is a corporation, partnership or unincorporated association, by a person authorized to make such statements for the organization, that the information provided in the application is true and correct. § 451.3 Action by Approval Authority. (a) The Approval Authority (or the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard, if the application was submitted to the Coast Guard) issues to the owner a notice of approval or notifies the owner in writing that approval is denied, setting forth the deficiencies causing denial. Notification of approval entitles the owner to affix a safety approval plate to each container after an examination of each container concerned has been carried out in accordance with Part 452 of this subchapter. In the case of an application submitted to the Coast Guard, the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard acts on the application within 30 days of receipt of the application. § 451.5 Resubmission or appeal. (a) Upon receipt of a denial of approval for certain containers, an owner may correct the noted deficiencies and resubmit the application without prejudice. (b) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard. The decision of the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard is a final agency action. § 451.7 Alternative approval of existing (1) Engineering drawings and plans showing platform, end framing, welds and hardware, connections of crossmembers, top and bottom rails, roof bows, detailed subassemblies of major structural components and attachments, and any other plans and drawings required by the approval authority. (2) Design and material specifications including type and size of materials. Material specifications of the safety approval plate must also be given. (3) The manufacturer's identification number assigned to each container in the type series. (4) The identification code assigned to each container in the series by the owner, lessee, of bailee responsible for maintenance. (5) The written assurance from the manufacturer, that the manufacturer will: (i) Produce to the approval authority such containers as the approval authority may wish to examine; (ii) Advise the approval authority of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container; (iii) Affix the Safety Approval Plate to each container in the design type and to no others; (iv) Keep a record of containers manufactured to the approved design type containing at least the manufacturer's identification numbers, date of delivery, and names and addresses of customers to whom the containers are delivered; and (v) Supply to the approval authority the information contained in paragraphs (a)(3) and (4) of this section if not available at the time of original application. (6) A statement as to whether this design type has been examined by any approval authority previously and judged unacceptable. Affirmative statements must be documented with the name of the approving authority, the reason for nonacceptance, and the nature of modifications made to the design type. § 451.13 Action by approval authority-ap proval by design type. (a) The approval authority arranges with the manufacturer, with notification to the owner, to witness the prototype tests required by the convention, and to examine any number of containers that the approval authority considers appropriate. Upon witnessing successful completion of prototype tests and examination of several containers the approval authority issues to the owner, a notice of approval which authorizes the attachment of safety approval plates to the containers. Absence of individual inspections I will not relieve the manufacturer of any responsibility to maintain proper quality control. If a prototype container fails to pass the tests, the approval authority may require testing of as many further representative containers as necessary to ensure the adequacy of the design. § 451.14 Alternative approval of new containers by design type. (a) New containers manufactured before June 16, 1978 without being approved under the preceding section may be approved by submission to an approval authority of an application corresponding to that required under § 451.1(b) for existing containers. All new containers so approved must have safety approval plates affixed and receive their first periodic examination in accordance with the procedures prescribed in § 452.3 not more than five years after their date of manufacture. § 451.15 Application for individual approval. (a) For approval of new containers by individual approval, each application must include the following: (1) The manufacturer's identification number. (2) The identification code of the owner, lessee, or bailee responsible for maintenance of the container. § 451.16 Action by approval authority-individual approval. (a) The approval authority arranges with the manufacturer or owner to witness testing in accordance with Annex II to the convention. Upon witnessing successful completion of the tests, the approval authority issues to the owner a notice of approval that authorizes the attachment of a safety approval plate. § 451.18 Review of denials of approval. (a) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard. The decision of the Chief, Cargo and Hazardous Materials Division, Office of Merchant Marine Safety, U.S. Coast Guard is a final agency action. Subpart C-Safety Approval Plate § 451.21 Safety approval plate required. (a) The safety approval plate must be supplied by the owner or manufacturer. § 451.23 Plate specifications. (a) The safety approval plate must be of the size and in the format specified in the appendix to Annex I to the convention. (b) The safety approval plate must be: (1) Designed to withstand and remain legible after a 15 minute exposure to a medium intensity fire producing a temperature of 1,000°F (540°C), when mounted on the specified material of construction of the container. (2) Designed to resist the corrosive effects of its environment, both at sea and ashore, so as to remain legible for the working life of the container. (3) Designed to have a legible life expectancy equal to or greater than the life expectancy of the container to which the plate is affixed. § 451.25 Required information. (a) The safety approval number appearing on line 1 of the safety approval plate must be of the form "USA/ (approval number, which includes the approval authority identification code)/(year in which approval was granted)." (b) The date upon which approval was granted must be the same for all containers of a design-type or type series covered by one notice of approval. (c) The safety approval number must be the same for all containers of a design-type or type-series covered by one notice of approval. (d) The owner's International Organization for Standardization (ISO) alpha numeric identification numbers may be used in place of the manufacturer's identification numbers on line 3 of the safety approval plate. If owner's identification numbers are used and the manufacturer's are available, the owner shall keep records correlating the owner's identification numbers used with the manufacturer's number. If a container marked with owner's identification numbers changes ownership, and the owner's identification number is changed as a result, the new owner must add the new owner's identification number, following the original owner's identification number on line 3 of the safety approval plate. In the event that the new owner's identification number cannot be legibly added to line 3 of the safety approval plate following the original owner's identification number, the new owner is authorized to put a new safety approval plate on the freight container provided that all the information contained on the original safety approval plate is retained in the owners files. PART 452-PERIODIC EXAMINATION OF CONTAINERS Sec. 452.1 Periodic examination required. 452.3 Elements of periodic examinations. 452.5 Examinations made in conjunction with other inspections. AUTHORITY: Sec. 4, 91 Stat. 1475, 46 U.S.C. 1503, 49 CFR 1.46(n). SOURCE: 45 FR 37216, June 2, 1980, unless otherwise noted. § 452.1 Periodic examination required. (a) Each owner of an approved container subject to this part shall examine the container or have it examined in accordance with the procedures prescribed in § 452.3 at intervals of not more than 24 months, except that for containers approved as new containers the interval from the date of manufac (b) Upon completion of an examination required by this part, the owner shall mark on the safety approval plate, or on the container itself as close as practicable to the safety approval plate, the month and year before which the container must next be examined. The marking may be by a decal, sticker, stencil, or other means so long as it is capable of remaining legible for at least 24 months. Affixing such a marking to a container that has not been examined in accordance with § 452.3 constitutes a misrepresentation in a matter within the jurisdiction of an agency of the United States, and makes the owner punishable under 18 U.S.C. 1001. (c) The owner of containers subject to this part shall have those containers examined in accordance with the program prescribed in this part regardless of whether the examinations are performed within or outside the United States. § 452.3 Elements of periodic examinations. (a) Periodic examinations required by § 452.1 must conform to the following minimum requirements: (1) Each examination must include a detailed visual inspection for defects such as cracks, failures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage which could place any person in danger. Any such deficiencies disclosed by the examination must be corrected by the owner before the container is continued in service. |