This chapter establishes procedures for certifying containers and road vehicles in conformance with the Customs Convention on Containers (1956) (TIAS 6634) and the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (1959) (TIAS 6633) by applying the procedures and technical conditions set forth in the Annexes to these conventions as modified, amended, or otherwise supplemented from time to time.

[35 FR 12277, July 31, 1970, as amended at 39 FR 27669, July 31, 1974]

§ 420.2 Application and purpose.

(a) Certification of containers and road vehicles for international transport under Customs seal is voluntary. This chapter does not require certification of containers and road vehicles.

(b) The Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention), January 15, 1959 (20 UST 184, TIAS 6633) requires that the approval of road vehicles be made by competent authorities of the country in which the owner or carrier is resident or established. The Customs Convention on Containers, May 18, 1956 (20 UST 301, TIAS 6334), requires that the approval of containers be made by competent authorities of the country in which the owner is resident or established or by those of the country where the container is used for the first time for transport under Customs seal. The procedures for applying for

For the purposes of this chapter(a) "Certifying Authority" means a nonprofit firm or association designated by the Commandant to certify containers and road vehicles for international transport under Customs seal.

(b) "Commandant” means the Commandant of the U.S. Coast Guard.

(c) "Container" means an article of transport equipment (liftvan, portable tank, or other similar structure including normal accessories and equipment when imported with the container and road vehicles), other than a vehicle or conventional packaging—

(1) Of a permanent character and accordingly strong enough to be suitable for repeated use;

(2) Specifically designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;

(3) Fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another;

(4) So designed as to be easy to fill and empty; and

(5) Having an internal volume of 1 cubic meter (35.3 cubic feet) or more.

(d) "Manufacturer" means an organization or person constructing containers and road vehicles for certification in accordance with this chapter.

(e) "Prototype" means a sample unit of a series of identical containers and road vehicles all built so far as practical under the same conditions.

(f) "Road vehicle" as defined in Chapter I, Article I 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), means not only any road motor vehicle but also any trailer or semitrailer

vehicle submitted for certification for compliance with the requirements contained in § 423.3a or § 424.4 of this subchapter as applicable.

(b) Each certifying authority must conduct the examination for containers by design type prescribed in § 422.4 of this subchapter. Each container must be in compliance with the requirements contained in § 422.3a of this subchapter.

[39 FR 27669, July 31, 1974]

§ 421.12 Certificate of approval by design type for a container.

A certifying authority issues a certificate of approval by design type for a container that is approved in accordance with the procedures contained in § § 422.3 and 422.4 of this subchapter. [39 FR 27669, July 31, 1974]

8 421.13 Certificate of approval for a container.

A certifying authority issues or renews a certificate of approval for an individual container that complies with the requirements contained in § 423.3a of this subchapter. [39 FR 27669, July 31, 1974]

addition, the Commandant (Merchant Marine Safety), U.S. Coast Guard Headquarters, 400 Seventh Street SW., Washington, D.C. 20591, will furnish on request the schedules of approved fees for all the Certifying Authorities.

(c) If the Commandant approves an amendment to the approved fees for any Certifying Authority, he will cause a notice of this fact to be published in the FEDERAL REGISTER.

[35 FR 12277, July 31, 1970, as amended at 39 FR 27669, July 31, 1974]

Subpart D-Records and Reports

§ 421.30 Records maintained by a certifying authority.

(a) Each certifying authority shall maintain

(1) A copy of each certificate of approval of containers by design type that is issued, together with a copy of the plans and application to which the approval refers;

(2) A record of each serial number assigned and affixed by the manufacturer to the containers manufactured under a design type approval;

(3) A copy of each individual certificate of approval of a container or road vehicle that is issued; and

(4) All applications submitted in accordance with the requirements contained in §§ 422.2, 423.2, or § 424.2 of this subchapter and any information submitted by a manufacturer for the certification of a container or a road vehicle.

(b) The Commandant or a representative of the Commandant may examine, at reasonable times, the certifying authority's files required by paragraph (a) of this section.

[39 FR 27669, July 31, 1974]

§ 421.31 Records to be furnished the Com

mandant.

Each certifying authority shall supply the Commandant (MHM), Room 8306, 400 Seventh Street SW., Washington, D.C. 20590, with

(a) A copy of each issued certificate of approval for containers by design type and a copy of the plans and application to which the approval refers;

(b) A copy of each issued individual approval for a container or road vehicle; and

(c) Notification of each arrangement approved as an equivalent to the requirements of the Customs convention of the international transport of goods undercover of TIR carnets (TIR Convention), January 15, 1959 (20 UST 184, TIAS 633), as modified by applicable resolutions, as provided in §§ 422.3a(b), 423.3a(b), or § 424.4(b) of this subchapter.

[39 FR 27669, July 31, 1974]

§ 421.31a Meetings on program.

Each certifying authority's representative for certification functions shall meet after notice with the Commandant or his representatives to review their administration of the certification program.

[39 FR 27670, July 31, 1974]

§ 421.32 Reports by container manufactur

er.

Each manufacturer shall forward to the appropriate certifying authority, quarterly or when otherwise requested:

(a) The serial numbers assigned to containers manufactured under a Certificate of Approval by design type; and

(b) An attestation that each container to which a serial number was assigned was manufactured in full compliance with the Certificate of Approval by design type.

[35 FR 12277, July 31, 1970, as amended at 39 FR 27670, July 31, 1974]

§ 421.33 Notification of certifying authority prior to container production. The manufacturer shall notify the certifying authority before each production run of containers to be built pursuant to a certificate of approval by design type in order that the certifying authority can schedule any necessary inspection.

[39 FR 27670, July 31, 1974]

422.1b Where to apply.

A manufacturer may apply for approval of a container by design type to a certifying authority of the country in which the owner is resident or established.

[39 FR 27670, July 31, 1974]

422.2 Application for approval.

Each application by a manufacturer or an owner for certification of a container by design type must include

(a) Four copies, each no larger than 3 feet by 4 feet, of the Customs and TIR plan;

(b) Customs and TIR plan number; (c) Four copies of the specifications which include the following information:

(1) The name and address of the manufacturer or the owner; and

(2) A description of the container including the

(i) Type of construction;

(ii) Dimensions;

(iii) Material of construction;

(iv) Coating system used;

(v) Identification marks and numbers; and

(vi) Tare weight;

(d) The location and date for inspection of the prototype; and

(e) A statement signed by the manufacturer that

(1) A container of the design type concerned is available for inspection and approval by the certifying authority before, during, and after the production run;

(2) Notification will be given to the certifying authority of each change in the design before adoption; and

(3) Each container will be marked with

(i) The metal plate required in § 422.5;

(ii) The identification numbers or letters of the design type assigned by the manufacturer; and

(iii) The serial number of the container assigned by the manufacturer. [39 FR 27670, July 31, 1974]

thority the plans and specifications of the container.

(b) The certifying authority that examines the plans and specifications submitted in accordance with paragraph (a) of this section

(1) Approves the plans and specifications in accordance with the require ments of § 422.3a and arranges to inspect a prototype in accordance with § 422.4; or

(2) Advises the manufacturer of any necessary changes to be made for compliance with the requirements of § 422.3a.

(c) If changes in design of the container are made during production but after approval of the plans and specifications by the certifying authority, the manufacturer must furnish "asbuilt" drawings of the container to the certifying authority before an inspection of the prototype is made.

[39 FR 27670, July 31, 1974]

§ 422.3a Technical requirements for containers by design type.

(a) The plans and specifications of a container that are submitted in accordance with the requirements contained in § 422.3 and the one or more containers that are inspected in accordance with the requirements of § 422.4 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 7th 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]