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SUBCHAPTER A-CARGO CONTAINER AND ROAD VEHICLE CERTIFICATION FOR TRANSPORT UNDER CUSTOMS SEAL

PART 420-CONTAINER AND ROAD VEHICLE CERTIFICATION-GENERAL

certification are contained in $$ 422.2, 423.2, and 424.2 of this chapter. (39 FR 27669, July 31, 1974)

Sec.
420.1 Purpose.
420.2 Application and purpose.
420.3 Definitions.

AUTHORITY: E.O. 11459, 3 CFR, 1966-1970 Comp., p. 781 (1969); and 49 CFR 1.46(f).

§ 420.1 Purpose.

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

8 420.3 Definitions.

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

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or

vehicle submitted for certification for addition, the Commandant (Merchant compliance with the requirements con- Marine Safety), U.S. Coast Guard tained in § 423.3a or § 424.4 of this sub- Headquarters, 400 Seventh Street chapter as applicable.

SW., Washington, D.C. 20591, will fur. (b) Each certifying authority must nish on request the schedules of apconduct the examination for contain: proved fees for all the Certifying Auers by design type prescribed in § 422.4 thorities. of this subchapter. Each container (c) If the Commandant approves an must be in compliance with the re- amendment to the approved fees for quirements contained in $ 422.3a of any Certifying Authority, he will this subchapter.

cause a notice of this fact to be pub[39 FR 27669, July 31, 1974)

lished in the FEDERAL REGISTER.

(35 FR 12277, July 31, 1970, as amended at 8 421.12 Certificate of approval by design

39 FR 27669, July 31, 1974) type for a container. A certifying authority issues a certif

Subpart D-Records and Reports icate of approval by design type for a container that is approved in accord

8 421.30 Records maintained by a certify. ance with the procedures contained in

ing authority. $$ 422.3 and 422.4 of this subchapter.

(a) Each certifying authority shall [39 FR 27669, July 31, 1974)

maintain8 421.13 Certificate of approval for a con

(1) A copy of each certificate of aptainer.

proval of containers by design type

that is issued, together with a copy of A certifying authority issues

the plans and application to which the renews a certificate of approval for an

approval refers; individual container that complies

(2) A record of each serial number with the requirements contained in

assigned and affixed by the manufac$ 423.3a of this subchapter.

turer to the containers manufactured (39 FR 27669, July 31, 1974)

under a design type approval;

(3) A copy of each individual certifi8 421.14 Certificates of approval for road

cate of approval of a container or road vehicles.

vehicle that is issued; and A certifying authority issues

(4) All applications submitted in acrenews a certificate of approval for an cordance with the requirements conindividual road vehicle that complies tained in $ $ 422.2, 423.2, or $ 424.2 of with the requirements contained in this subchapter and any information $ 424.4 of this subchapter.

submitted by a manufacturer for the [39 FR 27669, July 31, 1974)

certification of a container or a road vehicle.

(b) The Commandant or a repreSubpart C-Fees

sentative of the Commandant may ex8 421.20 Establishment of fees.

amine, at reasonable times, the certi

fying authority's files required by (a) Each Certifying Authority shall

paragraph (a) of this section. establish and file with the Commandant a schedule of fees for the per

(39 FR 27669, July 31, 1974) formance of the certification proce

8 421.31 Records to be furnished the Comdures under this chapter. The fees

mandant. shall be based on the costs (including transportation expense) actually in- Each certifying authority shall curred by the Certifying Authority. supply the Commandant (MHM), The fees are subject to approval by Room 8306, 400 Seventh Street SW., the Commandant prior to their use by Washington, D.C. 20590, withthe Certifying Authority.

(a) A copy of each issued certificate (b) Each Certifying Authority shall of approval for containers by design furnish on request a schedule of its type and a copy of the plans and applifees approved by the Commandant. In cation to which the approval refers;

or

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& 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)

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 ar 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)

$ 422.2 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)

8 422.3a Technical requirements for con

tainers 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.

§ 422.3 Plan review.

(a) A manufacturer who wants a container to be approved by design type must submit to the certifying au

[39 FR 27670, July 31, 1974)

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