[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR115]
[Page 511-521]
TITLE 19--CUSTOMS DUTIES
CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
PART 115--CARGO CONTAINER AND ROAD VEHICLE CERTIFICATION PURSUANT TO INTERNATIONAL CUSTOMS CONVENTIONS
Subpart A--General
Sec.
115.1 Purpose.
115.2 Application.
115.3 Definitions.
115.4 Conflicting provisions.
Subpart B--Administration
115.6 Designated Certifying Authorities.
115.7 Designation of additional Certifying Authorities.
115.8 Certifying Authorities responsibilities--road vehicles.
115.9 Certifying Authorities responsibilities--containers.
115.10 Certificate of approval.
115.11 Establishment of fees.
115.12 Records maintained by Certifying Authority.
115.13 Records to be furnished Customs.
115.14 Meeting on program.
[[Page 512]]
115.15 Reports by road vehicle or container manufacturer.
115.16 Notification of Certifying Authority by manufacturer.
115.17 Appeal to Commissioner of Customs.
115.18 Decision of Commissioner of Customs final.
Subpart C--Procedures for Approval of Containers by Design Type
115.25 General.
115.26 Eligibility.
115.27 Where to apply.
115.28 Application for approval.
115.29 Plan review.
115.30 Technical requirements for containers by design type.
115.31 Examination, inspection, and testing.
115.32 Approval plates.
115.33 Termination of approval.
Subpart D--Procedures for Approval of Containers After Manufacture
115.37 General.
115.38 Application.
115.39 Eligibility.
115.40 Technical requirements for containers.
115.41 Certificate of approval for containers approved after
manufacture.
115.42 Approval plates.
115.43 Termination of approval.
Subpart E--Procedures for Approval of Individual Road Vehicles
115.48 General.
115.49 Application.
115.50 Eligibility.
115.51 Technical requirements.
115.52 Approval.
115.53 Certificate of approval.
115.54 Renewal of certificate.
115.55 Termination of approval.
Subpart F--Procedures for Approval of Road Vehicles by Design Type
115.60 General.
115.61 Eligibility.
115.62 Where to apply.
115.63 Application for approval.
115.64 Plan review.
115.65 Technical requirements for road vehicles by design type.
115.66 Examination, inspection, and testing.
115.67 Approval certificate.
115.68 Termination of approval.
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1624; E.O. 12445 of October
17, 1983.
Source: T.D. 86-92, 51 FR 16161, May 1, 1986, unless otherwise
noted.
Subpart A--General
Sec. 115.1 Purpose.
This chapter establishes procedures for certifying containers and
road vehicles in conformance with the Customs Convention on Containers
(1956) (TIAS 6634), the Customs Convention on the International
Transport of Goods Under Cover of TIR Carnets (1959) (TIAS 6633), the
Customs Convention on the International Transport of Goods Under Cover
of TIR Carnets, November 14, 1975 (TIAS), and the Customs Convention on
Containers, 1972 (TIAS), by applying the procedures and technical
conditions set forth in the annexes to these conventions.
Sec. 115.2 Application.
(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 a
resident or is established, and that containers should be either
similarly approved, or approved by the competent authority of the
country where it is first used for transport under Customs seal. The
Customs Convention on Containers, May 18, 1956 (20 UST 301, TIAS 6634),
requires that the approval of containers be made by competent
authorities of the country in which the owner is a resident or is
established or by those of the country where the container is used for
the first time for transport under Customs seal. The TIR Convention,
1975, generally provides that a road vehicle, for which approval at a
stage after manufacture is desired, shall be approved by the competent
authority where the vehicle owner or operator is established or located,
or where the vehicle is registered. Such approval under the TIR
Convention, 1975, or, for containers, the Customs Convention on
Containers, 1972, may be accomplished by the competent authority of the
country in which the owner
[[Page 513]]
or operator is able to produce the conveyance. The 1975 TIR Convention
and the Customs Convention on Containers, 1972, also provide that the
Certifying Authority of the country of manufacture, if that country is a
contracting party to the Convention, may approve a series of road
vehicles or containers presented for design type approval. The
procedures for applying for certification are contained in Secs. 115.28,
115.38, 115.49, and 115.63 of this part.
Sec. 115.3 Definitions.
For the purpose of this part:
(a) Certifying Authority. ``Certifying Authority'' means a nonprofit
firm or association, incorporated or established in the U.S., which the
Commissioner finds competent to carry out the functions of this part and
which he designates to certify containers and road vehicles for
international transport under Customs seal.
(b) Commissioner. ``Commissioner'' means the Commissioner of
Customs.
(c) Container. ``Container'' means an article of transport equipment
(lift van, portable tank, or other similar structure).
(1) Fully or partially enclosed to constitute a compartment intended
for containing goods;
(2) Of a permanent character and strong enough to be suitable for
repeated use;
(3) Specifically designed to facilitate the carriage of goods by one
or more modes of transport, without intermediate reloading;
(4) Designed for ready handling, particularly its transfer from one
mode of transport to another;
(5) Designed to be easily filled and emptied; and
(6) Having an internal volume of 1 cubic meter (35.3 cubic feet) or
more.
(d) Manufacturer. ``Manufacturer'' means an organization or person
constructing containers or road vehicles for certification in accordance
with this chapter.
(e) Prototype. ``Prototype'' means a sample unit of a series of
identical containers or road vehicles all built, so far as practical,
under the same conditions.
(f) Road vehicle. ``Road Vehicle'', as defined in Chapter 1, Article
1 of the Customs Convention on the International Transport of Goods
Under Cover of TIR Carnets (TIR Convention), November 14, 1975 (TIAS),
means not only any power-driven road vehicle but also any trailer or
semi-trailer designed to be coupled to it.
(g) Customs and TIR/Container Plan. ``Customs and TIR/Container
Plan'' means the designer's drawing of a vehicle (for TIR purposes) or
container (for TIR and Container Convention purposes) that illustrates
each requirement in Secs. 115.30, 115.40, 115.51, or 15.65, as
appropriate to this part.
(h) The definitions in the subject Conventions shall be considered
applicable to terms not specifically defined above.
Sec. 115.4 Conflicting provisions.
The provisions of the most recent TIR/Container Convention shall
apply in the event of conflict between it and an earlier TIR/Container
Convention covered by these regulations.
Subpart B--Administration
Sec. 115.6 Designated Certifying Authorities.
(a) The American Bureau of Shipping, 45 Eisenhower Dr., Paramus, New
Jersey 07652.
(b) International Cargo Gear Bureau, Inc., 17 Battery Place, New
York, New York 10004.
(c) The National Cargo Bureau, Inc., One World Trade Center, Suite
2757, New York, New York 10048.
Sec. 115.7 Designation of additional Certifying Authorities.
(a) The Commissioner may designate as a Certifying Authority any
nonprofit firm or association that he finds competent to carry out the
functions of Secs. 115.8 through 115.14 of this subpart.
(b) Any designation as Certifying Authority may be terminated by the
Commissioner.
Sec. 115.8 Certifying Authorities responsibilities--road vehicles.
(a) General. Road vehicles may be approved individually or by design
type.
[[Page 514]]
(b) Individual approval. The Certifying Authority to whom a road
vehicle is submitted for approval shall inspect such road vehicle
produced in accordance with the general rules contained in Annex 3 of
the TIR Convention, 1975.
(c) Design type approval. The Certifying Authority to whom a road
vehicle is submitted for design type approval shall examine the drawings
and detailed design specifications submitted with the application for
approval. The Certifying Authority shall advise the applicant of any
changes that must be made to the proposed design type in order that
approval may be granted. The Certifying Authority shall examine one or
more vehicles to confirm that such vehicles comply with the technical
conditions contained in Annex 2 of the TIR Convention, 1975. The
Certifying Authority shall notify the applicant of its decision to grant
design type approval, and it shall issue an approval certificate
complying with Annexes 3 and 4 of the TIR Convention, 1975.
(d) Supplementary examinations. If a road vehicle approved by design
type is the subject of an extended production run under one certificate
of approval, the Certifying Authority shall confirm by examination of
one or more road vehicles during the manufacturing process, or by other
means, that such vehicles continue to meet the approved drawings and
detailed design specifications and the technical requirements of Annex 2
of the TIR Convention, 1975.
For the purposes of this section, an extended production run shall
be considered a continuous run of many units over long periods of time,
as well as a new run following the completion of a previous run.
Sec. 115.9 Certifying Authorities responsibilities--containers.
(a) General. Containers may be approved for transport under seal by
design type at the manufacturing stage or, otherwise, at a stage
subsequent to manufacture.
(b) Design type approval. The Certifying Authority to whom a
container is submitted for design type approval shall examine the
drawings and detailed design specifications submitted with the
application for approval. The Certifying Authority shall advise the
applicant of any changes that must be made to the proposed design type
so that approval may be granted. The Certifying Authority shall examine
one or more containers to confirm that such containers comply with the
technical requirements of Part 1, Annex 7, TIR Convention, 1975, and
Annex 4 of the Customs Convention on Containers, 1972. The Certifying
Authority shall issue a certificate authorizing the applicant to affix
an approval plate, as described in Appendix 1 to Part II, Annex 7 of the
TIR Convention, 1975, and Annex 5 of the Customs Convention on
Containers, 1972, for all containers manufactured in conformity with the
specifications of the type of container approved. This certificate shall
comply with the model certificate in Appendix 2, Part II, Annex 7 of the
TIR Convention, 1975, and Appendix 2 of Annex 5 of the Customs
Convention on Containers, 1972.
(c) After manufacture. The Certifying Authority to whom containers
are submitted for approval after manufacture, shall examine as many
containers as necessary to ascertain that they comply with the technical
conditions prescribed in Part 1, Annex 7, TIR Convention, 1975, and
Annex 5 of the Customs Convention on Containers, 1972. The Certifying
Authority shall issue a certificate of approval authorizing the
applicant to affix an approval plate to the specific number or series of
containers being approved. The certificate shall comply with the model
certificate of approval in Appendix 3, Part II, Annex 7, TIR Convention,
1975, and Appendix 3, Annex 5, Customs Convention on Containers, 1972.
(d) Supplementary examinations. If a container approved by design
type is the subject of an extended production run or several production
runs under one certificate of approval, the Certifying Authority shall
confirm by examination of one or more containers during the
manufacturing process, or by other means, that such containers continue
to meet the approved drawings and detailed design specifications and the
technical requirements of Annex 7 of the TIR Convention, 1975, and Annex
[[Page 515]]
4 of the Customs Convention on Containers, 1972. For the purposes of
this section, an extended production run shall be considered as a
continuous run of many units over long periods of time, as well as a new
run following completion of a previous run.
Sec. 115.10 Certificate of approval.
A Certifying Authority shall issue a certificate of approval by
design type for a specified number or unlimited series of containers
that are approved in accordance with the procedures contained in
Secs. 115.29, 115.31, 115.38, and 115.41, and road vehicles that are
approved in accordance with the procedures contained in Secs. 115.49,
115.52, 115.63, and 115.66 of this part.
(a) Road vehicles. A Certifying Authority shall issue a certificate
of approval conforming to the model in Annex 4 of the 1975 TIR
Convention for vehicles submitted for individual or design type
approval, if satisfied that the vehicles comply with the technical
conditions prescribed in Annex 2 of the TIR Convention, 1975.
(b) Containers--(1) Approval after manufacture. A Certifying
Authority shall issue a certificate of approval conforming to the model
in Appendix 3, Part II to Annex 7 of the TIR Convention, 1975, and
Appendix 3 to Annex 5 of the Customs Convention on Containers, 1972, for
containers approved at a stage after manufacture, when it has been
ascertained that the containers comply with the technical conditions
prescribed in Annex 7 of the TIR Convention, 1975, and Annex 4 of the
Customs Convention on Containers, 1972. The certificate shall be valid
for the number of containers approved.
(2) Design type approved. A Certifying Authority shall issue a
single certificate of approval conforming to the model in Appendix 2,
Part II to Annex 7 of the TIR Convention, 1975, and Appendix 2 to Annex
5 of the Customs Convention on Containers, 1972, for containers approved
by design type when it has been ascertained that the container type
complies with the technical conditions prescribed in Annex 7 of the 1975
TIR Convention, and Annex 4 of the Customs Convention on Containers,
1972. The certificate shall be valid for all containers manufactured in
conformity with the specifications of the type approved.
(c) Provisions common to both approval procedures. The certificate
of approval issued pursuant to paragraphs (a) and (b) of this section
shall be valid for either the specific number of containers approved, or
for an unlimited series of containers of the approved type.
Sec. 115.11 Establishment of fees.
(a) Each Certifying Authority shall establish and file with the
Commissioner a schedule of fees for the performance of the certification
procedures under this chapter. The fees shall be based on the costs
(including transportation expense) actually incurred by the Certifying
Authority. The fees are subject to approval by the Commissioner before
their use by the Certifying Authority.
(b) Each Certifying Authority shall make available a schedule of its
fees approved by the Commissioner. In addition, the schedules of
approved fees for all the Certifying Authorities are available from the
Headquarters, U.S. Customs Service, Office of Field Operations, 1300
Pennsylvania Avenue, NW., Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 115.12 Records maintained by Certifying Authority.
(a) Each Certifying Authority shall maintain--
(1) A copy of each individual certificate of approval issued,
together with a copy of the plans and the application to which the
approval refers, along with any information submitted by the
manufacturer and/or owner or operator for the certification of a
container or a road vehicle.
(2) A record of each serial number assigned and affixed by the
manufacturer to the road vehicles and containers manufactured under a
design type approval, and containers approved at a stage after
manufacture.
(b) The Commissioner may examine the Certifying Authority's files
required by paragraph (a) of this section.
[[Page 516]]
Sec. 115.13 Records to be furnished Customs.
Each Certifying Authority shall furnish the Headquarters, U.S.
Customs Service, Office of Field Operations, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229, unless waived by Customs;
(a) A copy of each issued certificate of approval for containers and
road vehicles 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.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 115.14 Meeting on program.
If determined necessary by Customs, each Certifying Authority's
representative for certification functions shall meet, after notice,
with the Commissioner to review their administration of the
certification program.
Sec. 115.15 Reports by road vehicle or container manufacturer.
Each manufacturer shall forward to the appropriate Certifying
Authority, quarterly or when otherwise requested by that Authority:
(a) The registration number or other identifying information on road
vehicles, or serial numbers assigned to containers manufactured under a
certificate of approval by design type; and
(b) An attestation that each road vehicle or container to which a
serial number was assigned was manufactured in full compliance with the
certificate of approval by design type.
Sec. 115.16 Notification of Certifying Authority by manufacturer.
In order that the Certifying Authority can schedule an appropriate
inspection, a manufacturer shall give notification to that Authority
before each production run of road vehicles or containers to be built
pursuant either to plans approved by the Certifying Authority, or
revised plans (approved or unapproved).
Sec. 115.17 Appeal to Commissioner of Customs.
(a) Any manufacturer, carrier, or owner may, within 30 days after he
has been notified by a Certifying Authority of an adverse determination,
including any review provided, appeal that determination to the
Commissioner.
(b) Any determination which is appealed remains in effect pending a
decision by the Commissioner.
Sec. 115.18 Decision of Commissioner of Customs final.
The decision of the Commissioner on any matter appealed to him is
final.
Subpart C--Procedures for Approval of Containers by Design Type
Sec. 115.25 General.
The Certifying Authority shall, at the request of a manufacturer,
evaluate containers for approval by design type during the manufacturing
stage.
Sec. 115.26 Eligibility.
Any manufacturer of containers to be manufactured in a type series
from standard design and specifications so that each container has
identical characteristics, may apply for approval by design type.
Sec. 115.27 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 container is
manufactured if such country is a contracting party to the TIR
Convention, 1975, or the Customs Convention on Containers, 1972.
Sec. 115.28 Application for approval.
Each application by a manufacturer or an owner for certification of
a container by design type must include:
(a) Three copies, each no larger than 3 feet by 4 feet, of the
customs and TIR/Container plan;
(b) Customs and TIR/Container plan number;
(c) Three copies of the specifications which include the following
information:
[[Page 517]]
(1) The name and address of the manufacturer and 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; 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 Sec. 115.32;
(ii) The identification number or letter of the design type assigned
by the manufacturer; and
(iii) The serial number of the container assigned by the
manufacturer.
Sec. 115.29 Plan review.
(a) A manufacturer or owner who wants containers to be approved by
design type must submit the plans and specifications for the container
to the Certifying Authority.
(b) The Certifying Authority examining the plans and specifications
submitted in accordance with paragraph (a) of this section shall:
(1) Approve the plans and specifications in accordance with the
requirements of Sec. 115.30 and arrange to inspect a container in
accordance with Sec. 115.31; or
(2) Advise the applicant of any necessary changes to be made for
compliance with the requirements of Sec. 115.30.
(c) If changes in the design of the container are made during
production but after approval of the plans and specifications by the
Certifying Authority and furnish it with ``as-built'' drawings of the
container so that the plans can be reviewed and one or more containers
inspected during the production stage to confirm that they continue to
comply with the requirements of Sec. 115.30.
Sec. 115.30 Technical requirements for containers by design type.
The plans and specifications of a container submitted in accordance
with the requirements contained in [sect]115.29, and the one or more
containers inspected in accordance with the requirements of Sec. 115.31,
must comply with the requirements of Annex 7 of the Customs Convention
on the International Transport of Goods Under Cover of TIR Carnets (TIR
Convention), November 14, 1975 (TIAS), and Annex 4 of the Customs
Convention on Containers (Container Convention), December 2, 1972.
Copies of Annex 7 and Annex 4 may be obtained from the Headquarters,
U.S. Customs Service, Office of Field Operations, 1300 Pennsylvania
Avenue, NW., Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 115.31 Examination, inspection, and testing.
(a) Before 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 itself as to the adequacy of the manufacturer's system to
control quality of materials used, manufacturing methods, and finished
containers; and
(3) Require the manufacturer to make available to the Certifying
Authority records of material, including affidavits furnished by
suppliers.
(b) The Certifying Authority shall conduct such examinations,
inspections, and tests of the production run containers as it deems
necessary.
Sec. 115.32 Approval plates.
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 by
10 centimeters (7.8 by 3.9 inches). The following shall
[[Page 518]]
be embossed on or stamped into the surface of the approval plate:
(a) ``Approved for transport under Customs seal.''
(b) ``USA/(number of the certificate of approval)/(last two digits
of year of approval).'' (e.g. ``USA/1600/84'' means ``United States of
America certificate of approval number 1600, issued in 1984).'' A two
digit alpha suffix may be added to the certificate of approval number to
identify the Certifying Authority, e.g., USA/1600-AB/85, USA/1600-IB/85.
(c) Identification of the type of container and of the number of the
container in the type series.
(d) The serial number assigned to the container by the manufacturer
(manufacturer's number).
Sec. 115.33 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 subpart D of the part. However, repairs in
kind do not constitute a change of the essential features.
Subpart D--Procedures for Approval of Containers After Manufacture
Sec. 115.37 General.
This subpart provides for the approval and certification of
containers after manufacture, and for those altered so as to void their
design type approval.
Sec. 115.38 Application.
A written request for approval of a container after manufacture may
be made by the owner or operator to a Certifying Authority and must
include the following:
(a) Three copies, each no longer than 3 feet by 4 feet, of the
Customs and TIR/Container plan;
(b) Customs and TIR/Container plan number;
(c) Three copies of the specifications which include the following
information:
(1) Type of container;
(2) Name and business address of applicant;
(3) Identification marks and numbers;
(4) Tare weight;
(5) Nominal overall dimensions in centimeters;
(6) Type of construction and essential particulars of structure
(nature of materials, coating system used, parts which are reinforced,
whether bolts are riveted or welded, and similar matters); and
(7) Proposed location and date for inspection of the container.
Sec. 115.39 Eligibility.
The owner or operator may submit containers to be approved after the
manufacturing stage to:
(a) The Certifying Authority of the country of manufacture if such
country is a contracting party to the Convention.
(b) The Certifying Authority of the country where the owner or
operator is resident or established, when such Certifying Authority has
representatives located in the country of manufacture, which is a
noncontracting party to the Convention.
(c) The Certifying Authority of the country where a container is
used for the first time for transport of merchandise under Customs seal
or where it is otherwise physically located.
Sec. 115.40 Technical requirements for containers.
A container that is submitted for inspection for approval after
manufacture, must comply with the requirements of Annex 7 of the Customs
Convention on the International Transport of Goods Under Cover of TIR
Carnets (TIR Convention), November 14, 1975 (TIAS) and Annex 4 of the
Customs Convention on Containers (Container Convention), December 2,
1972. Copies of Annex 7 and Annex 4 may be obtained from the
Headquarters, U.S. Customs Service, Office of Field Operations, 1300
Pennsylvania Avenue, NW., Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
[[Page 519]]
Sec. 115.41 Certificate of approval for containers approved after
manufacture.
The Certifying Authority shall issue an individual certificate of
approval for each container that meets the requirements in Sec. 115.40.
Sec. 115.42 Approval plates.
(a) The owner or operator applicant shall, upon receipt of a
certificate of approval from the Certifying Authority, affix an approval
plate in the manner specified for containers approved by design type
(see Sec. 115.32).
(b) Although an entry is not required in the space provided for type
identifiers on an approval plate for containers approved after
manufacture, identification number and letters indicating that a series
of containers comply with the same specifications may be placed in such
space. This may be used to assist in the identification of a series of
containers in which a common defect may be discovered subsequent to
certification. In such case the approval number on the plate shall be
altered by an addition to the second or third element of such number.
The specific method of altering the approval number may be established
by each Certifying Authority, for containers approved by it, and
communicated to the U.S. Customs Service.
(c) Two possible methods of accomplishing this are:
(1) Placing an ``X'' in front of the numeric portion of the middle
element of the approval number, e.g., USA/X123-IB/85.
(2) Placing a suffix at the end of the approval number, e.g, USA/
123-AB/85-01.
Sec. 115.43 Termination of approval.
Approval of a container terminates upon a change in the container by
a major repair or alteration of any of the essential features required
in Sec. 115.40. Repairs by replacement in kind do not constitute a
change of the essential features.
Subpart E--Procedures for Approval of Individual Road Vehicles
Sec. 115.48 General.
This subpart provides for the approval and certification of
individual road vehicles that comply with the technical requirements in
Sec. 115.51.
Sec. 115.49 Application.
A written request for approval of an individual road vehicle may be
made by the owner, or carrier to a Certifying Authority and must
include:
(a) Three copies, each no larger than 3 feet by 4 feet, of the
Customs and TIR plan;
(b) Customs and TIR plan number;
(c) Three copies of the specifications which include the following
information:
(1) Type of vehicle;
(2) Name and business address of owner or operator;
(3) Name of the manufacturer;
(4) Chassis number;
(5) Engine number (if applicable);
(6) Registration number;
(7) Particulars of construction;
(8) Any photos or diagrams required by the Certifying Authority to
facilitate approval; and
(9) A proposed place and date for inspection of the road vehicle.
Sec. 115.50 Eligibility.
A road vehicle may be submitted for inspection by its owner or
operator to a Certifying Authority of the country in which the owner or
operator is a resident or is established, or where the vehicle is
registered.
Sec. 115.51 Technical requirements.
A road vehicle that is submitted for inspection for individual
approval must comply with the requirements of Annex 2 of the Customs
Convention on the International Transport of Goods Under Cover of TIR
Carnets (TIR Convention), November 14, 1975, (TIAS). Copies of Annex 2
may be obtained from the Headquarters, U.S. Customs Service, Office of
Field Operations, 1300
[[Page 520]]
Pennsylvania Avenue, NW., Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 115.52 Approval.
The Certifying Authority shall issue a certificate of approval,
valid for 2 years, to each road vehicle that complies with the
applicable requirements in Sec. 115.51.
Sec. 115.53 Certificate of approval.
A certificate of approval must be kept on the vehicle as evidence of
approval.
Sec. 115.54 Renewal of certificate.
A certificate of approval may be renewed if the Certifying Authority
determines by inspection every 2 years that the vehicle continues to
comply with the applicable requirements in Sec. 115.51.
Sec. 115.55 Termination of approval.
Approval of a road vehicle terminates:
(a) Upon expiration of the certificate of approval; or
(b) Upon a change in the road vehicle by a major repair or
alteration of any of the essential features required in Sec. 115.51.
Repairs by replacement in kind do not constitute a change of the
essential features.
Subpart F--Procedures for Approval of Road Vehicles by Design Type
Sec. 115.60 General.
This subpart provides for the approval and certification of road
vehicles manufactured by design type.
Sec. 115.61 Eligibility.
Any manufacturer of road vehicles which are being manufactured in a
type series from a standard design and specifications, so that each road
vehicle has identical characteristics, may apply for an approval by
design type.
Sec. 115.62 Where to apply.
A manufacturer may apply for approval of a road vehicle by design
type to a Certifying Authority of the country in which the road vehicle
is manufactured, if such country is a contracting party to the TIR
Convention, 1975.
Sec. 115.63 Application for approval.
Each application by a manufacturer for certification of a road
vehicle by design type must include:
(a) Three copies, each no larger than 3 feet by 4 feet, of the
Customs and TIR plan;
(b) Customs and TIR plan number;
(c) Three copies of the specifications which include the following
information:
(1) The name and address of the manufacturer and the owner; and
(2) A description of the road vehicle including the:
(i) Particulars of construction;
(ii) Dimensions;
(iii) Construction materials; and
(iv) Marks and numbers, including chassis, engine, and registration
numbers.
(d) A statement signed by the manufacturer that:
(1) It will present vehicles of the type concerned to the Certifying
Authority which that Authority may wish to examine;
(2) Permit the Certifying Authority to examine further units at any
time during or after the production run;
(3) Notify the Certifying Authority of each change in the design or
specifications before adoption;
(4) Mark the road vehicles in a visible place with the
identification number or letters of the design type and the serial
number of the vehicle in the type series manufacturer's number; and
(5) Keep a record of vehicles manufactured according to the design
type.
Sec. 115.64 Plan review.
(a) A manufacturer or owner who wants road vehicles to be approved
by design type must submit the plans and specifications of the road
vehicles to the Certifying Authority.
(b) The Certifying Authority that examines the plans and
specifications submitted in accordance with paragraph (a) of this
section shall:
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(1) Approve the plans and specifications in accordance with the
requirements of Sec. 115.65 and arrange to inspect a road vehicle in
accordance with Sec. 115.66; or
(2) Advise the applicant of any necessary changes to be made for
compliance with the requirements of Sec. 115.65.
(c) If changes in design of the road vehicle are made during
production but after approval of the plans and specifications by the
Certifying Authority, the manufacturer shall immediately notify the
Certifying Authority and furnish it with ``as-built'' drawings of the
road vehicle so that the plans can be reviewed and one or more road
vehicles inspected during the production stage to confirm that they
continue to comply with the requirements of Sec. 115.65.
Sec. 115.65 Technical requirements for road vehicles by design type.
The plans and specifications of a road vehicle that are submitted in
accordance with the requirements contained in Sec. 115.64, and the one
or more road vehicles that are inspected in accordance with the
requirements of Sec. 115.66, must comply with the requirements of Annex
2 of the Customs Convention on the International Transport of Goods
Under Cover of TIR Carnets (TIR Convention), November 14, 1975 (TIAS).
Copies of Annex 2 may be obtained from the Headquarters, U.S. Customs
Service, Office of Field Operations, 1300 Pennsylvania Avenue, NW.,
Washington, DC 20229.
[T.D. 86-92, 51 FR 16161, May 1, 1986, as amended by T.D. 99-27, 64 FR
13675, Mar. 22, 1999]
Sec. 115.66 Examination, inspection, and testing.
(a) Before the issuance of a certificate of approval by design type,
the Certifying Authority shall:
(1) Make a physical examination of one or more vehicles of the
production series concerned;
(2) Assure itself as to the adequacy of the manufacturer's system to
control quality of materials used, manufacturing methods, and finished
road vehicles; and
(3) Require the manufacturer to make available to the Certifying
Authority records of materials, including affidavits furnished by
suppliers.
(b) The Certifying Authority shall conduct such examinations,
inspections, and testing of the production run road vehicles as it deems
necessary.
Sec. 115.67 Approval certificate.
The holder of the approval certificate shall, before using the
vehicle for the carriage of goods under the cover of a TIR Carnet, fill
in as may be required on the approval certificate:
(a) The registration number given to the vehicle (item No. 1); or
(b) In the case of a vehicle not subject to registration,
particulars of his name and business address (item No. 8). (See Annex 4
of the Convention for model of certificate of approval.)
Sec. 115.68 Termination of approval.
Any road vehicle whose essential features are changed shall no
longer be covered by the design type approval. Such a road vehicle may
be made available to a Certifying Authority for inspection and
individual approval in accordance with subpart E of this part. However,
repairs in kind do not constitute a change of the essential features.
| File Type | application/msword |
| File Title | [Code of Federal Regulations] |
| Author | Preferred Customer |
| Last Modified By | Authorized User |
| File Modified | 2006-04-26 |
| File Created | 2006-04-26 |