Statutory Regulation

SUBCHAPTER A [RESERVED]
SUBCHAPTER B—SAFETY APPROVAL OF CARGO
CONTAINERS
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.
(v) 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.
(5) New Container means a container,
the construction of which began on or
after September 6, 1977.
(6) Existing Container means a container that is not a new container.

PARTS 400–449 [RESERVED]
PART 450—GENERAL
Subpart A—General Provisions
Sec.
450.1 Purpose.
450.3 Definitions.
450.5 General requirements
bility.
450.7 Marking.

and

applica-

Subpart B—Procedures for Delegation to
Approval Authorities
450.11 Application for delegation of authority.
450.12 Criteria for selection of Approval Authorities.
450.13 Granting of delegation.
450.14 Conditions of delegation.
450.15 Termination of delegation.
450.16 Withdrawal of delegation.
AUTHORITY: Sec. 4, 91 Stat 1475 (46 U.S.C.
1503); Department of Homeland Security Delegation No. 0170.1.
EDITORIAL NOTE: Nomenclature changes to
part 450 appear at 74 FR 49241, Sept. 25, 2009.

Subpart A—General Provisions

[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

§ 450.1 Purpose.
This subchapter establishes requirements and procedures for safety approval and periodic examination of
cargo containers used in international
transport, as defined in the International Safe Container Act.

§ 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

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[45 FR 37213, June 2, 1980]

§ 450.3 Definitions.
(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

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§ 450.7

49 CFR Ch. IV (10–1–09 Edition)

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.

Guard, 2100 2nd St., SW., Stop 7126,
Washington, DC 20593–7126. 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 (CG–522).
(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, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard.

[45 FR 37213, June 2, 1980]

§ 450.7 Marking.
(a) On each container that construction begins on or after January 1, 1984,
all maximum gross weight markings on
the container must be consistent with
the maximum gross weight information on the safety approval plate.
(b) On each container that construction begins before January 1, 1984, all
maximum gross weight markings on
the container must be consistent with
the gross weight information on the
safety approval plate no later than
January 1, 1989.
(Approved by the Office of Management and
Budget under OMB control number 1625–0024)
[49 FR 15562, Apr. 19, 1984, as amended at 71
FR 55747, Sept. 25, 2006]

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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, (CG–522), U.S. Coast

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Coast Guard, DHS

§ 450.14
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, Office
of Operating and Environmental Standards (CG–522), 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,
Office of Operating and Environmental
Standards (CG–522), 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, Office of Operating and Environmental Standards (CG–522), U.S. Coast
Guard notifies the applicant of the
final decision.

(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.
[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004; 74 FR 49241, Sept. 25, 2009]

§ 450.12 Criteria for selection of Approval Authorities.
(a) The Chief, Office of Operating and
Environmental Standards (CG–522),
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.
(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.

[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

§ 450.14 Conditions of delegation.
(a) The following conditions are part
of every delegation: (1) The Approval
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, Office
of Operating and Environmental Standards (CG–522), 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, Office of Operating and Environmental Standards (CG–522), 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.

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[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

§ 450.13 Granting of delegation.
(a) The Chief, Office of Operating and
Environmental Standards (CG–522),
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, Office of Operating and
Environmental Standards (CG–522),

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§ 450.15

49 CFR Ch. IV (10–1–09 Edition)

(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.

(3) Opportunity to demonstrate or
achieve compliance with the applicable
requirement.

[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

451.11 Application for approval-general.
451.12 Application for approval by design
type.
451.13 Action by approval authority-approval by 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.

§ 450.15

[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

PART 451—TESTING AND
APPROVAL OF CONTAINERS
Subpart A—Approval of Existing Containers
Sec.
451.1 Application for approval.
451.3 Action by Approval Authority.
451.5 Resubmission or appeal.
451.7 Alternative approval of existing containers.

Subpart B—Approval of New Containers

Termination of delegation.

(a) An Approval Authority may voluntarily terminate its delegation by
giving written notice of its intent to
the Chief, Office of Operating and Environmental Standards (CG–522), U.S.
Coast Guard. This notice must contain
the date on which the termination is to
be effective.

Subpart C—Safety Approval Plate
451.21
451.23
451.25

[45 FR 37213, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

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§ 450.16

Safety approval plate required.
Plate specifications.
Required information.

AUTHORITY: Sec. 4, 91 Stat 1475 (46 U.S.C.
1503); Department of Homeland Security Delegation No. 0170.1.

Withdrawal of delegation.

SOURCE: 45 FR 37214, June 2, 1980, unless
otherwise noted.

(a) The Chief, Office of Operating and
Environmental Standards (CG–522),
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, Office of Operating and Environmental Standards (CG–522), 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.

EDITORIAL NOTE: Nomenclature changes to
part 451 appear at 74 FR 49241, Sept. 25, 2009.

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 (CG–522), U.S. Coast
Guard, 2100 2nd St., SW., Stop 7126,
Washington, DC 20593–7126 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.

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Coast Guard, DHS

§ 451.11

(3) Maximum operating gross weight
capacity.
(4) Allowable stacking weight for
1.8G (1.8×Gross weight in kilograms or
pounds).

mental Standards (CG–522), U.S. Coast
Guard acts on the application within 30
days of receipt of the application.
[45 FR 37214, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

NOTE: This value is the total load the container is designed to support when subjected
to a vertical acceleration of 1.8G.

§ 451.5

(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.

[45 FR 37214, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004]

§ 451.7 Alternative approval of existing
containers.
(a) Existing containers that do not
qualify for approval under this subpart
may be presented for approval under
the provisions of subpart B of this part.
For such containers, the requirements
of subpart B of this part, relating to
the end and sidewall strength tests, do
not apply. Upon showing that the containers have performed satisfactorily
in service, the applicant may omit the
presentation of drawings and testing,
other than the lifting and floor
strength test, if permitted by the approval authority.

[45 FR 37214, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58352, Sept. 30,
2004; 74 FR 49241, Sept. 25, 2009]

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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, Office of Operating and Environmental Standards (CG–522), U.S. Coast
Guard. The decision of the Chief, Office
of Operating and Environmental Standards (CG–522), U.S. Coast Guard is a
final agency action.

§ 451.3 Action by Approval Authority.
(a) The Approval Authority (or the
Chief, Office of Operating and Environmental Standards (CG–522), 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, Office of Operating and Environ-

[45 FR 37214, June 2, 1980, as amended at 69
FR 58352, Sept. 30, 2004]

Subpart B—Approval of New
Containers
§ 451.11 Application for approval-general.
(a) An owner of a new container, or a
manufacturer acting on behalf of an
owner, may apply for approval to any
approval authority.

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§ 451.12

49 CFR Ch. IV (10–1–09 Edition)

§ 451.12 Application for approval by
design type.

nature of modifications made to the
design type.

(a) For approval of new containers by
design type, each application must include the following:
(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, or 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

[45 FR 37214, June 2, 1980, as amended at 69
FR 58353, Sept. 30, 2004]

§ 451.13 Action by approval authorityapproval 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 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 by January 1, 1985.
[47 FR 50496, Nov. 8, 1982]

§ 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.

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Coast Guard, DHS

Pt. 452
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.

§ 451.16 Action by approval authorityindividual 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, Office of Operating and Environmental Standards (CG–522), U.S. Coast
Guard. The decision of the Chief, Office
of Operating and Environmental Standards (CG–522), U.S. Coast Guard is a
final agency action.
[45 FR 37214, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30,
2004]

Subpart C—Safety Approval Plate
§ 451.21 Safety approval plate required.
(a) The safety approval plate must be
supplied by the owner or manufacturer.

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§ 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.

PART 452—EXAMINATION OF
CONTAINERS
Sec.
452.1 Periodic examination required.
452.3 Elements of periodic examinations.
452.5 Examinations made in conjunction
with other inspections.
452.7 Continuous examination program.
452.9 Elements of a continuous examination
program.

§ 451.25 Required information.
(a) The safety approval number appearing on line 1 of the safety approval

AUTHORITY: Sec. 4, 91 Stat 1475 (46 U.S.C.
1503); Department of Homeland Security Delegation No. 0170.1.

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§ 452.1

49 CFR Ch. IV (10–1–09 Edition)
tainers examined in accordance with
the program prescribed in this section
regardless of whether the examinations
are preformed within or outside the
United States.

§ 452.1 Periodic examination required.
(a) Except as provided for in § 452.7,
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 30 months, except that for
containers approved as new containers,
the interval from the date of manufacture to the date of the first examination must not exceed five years. For
containers approved, examined and
plated as existing containers before
January 1, 1985 and containers approved and plated as new containers
before January 1, 1985, the subsequent
examination must be carried out in accordance with the following schedule:
Date of initial plating

Subsequent examination

Existing containers before Sept. 30,
1981 and new containers before Dec.
31, 1978.
Existing containers between Oct. 1, 1981
and Sept. 30, 1982 and new containers between Jan. 1, 1979 and Dec.
31, 1979.
Existing containers between Oct. 1, 1982
and Sept. 30, 1983 and new containers between Jan. 1, 1980 and Dec.
31, 1980.
Existing containers between Oct. 1, 1983
and Dec. 31, 1984 and new containers
between Jan. 1, 1981 and Dec. 31,
1981.

Before Jan. 1986.

[45 FR 37216, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 49 FR 15562, Apr. 19,
1984; 69 FR 58353, Sept. 30, 2004]

§ 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.
(2) Each examination must take into
account the particular characteristics
of various kinds of containers and materials of construction.
(3) Each examination must be performed by qualified personnel, trained
and experienced in the detection of
container structural damage.
(4) The examinations must be scheduled so as to allow adequate time for
thorough performance.
(5) Each examination must apply
owner established or industry accepted
pass/fail criteria to determine whether
a container has any deficiency that
must be remedied before the container
is returned to service.
(b) Examinations must be documented, and the records retained by
the owner, until the next examination
is completed and recorded. The records
must include, in addition to identification of the container, a record of the
date of last examination and a means
of identifying the examiner. The
records must be maintained in an office
under the control of the owner and be
made available for inspection by the
Coast Guard upon demand. If the original records are maintained outside the
United States, its territories or possessions, supplementary records must be
available in written or data processing

Before May 1986.

Before Sept.
1986.

Before Jan. 1987.

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NOTE: Containers plated under § 451.14 are
considered existing containers in the above
schedule.

(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. This marking must be on all
containers by January 1, 1987. 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 section shall have those con-

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Coast Guard, DHS

§ 452.9

form to be produced on demand of the
Commandant or his representative.

§ 452.9 Elements of a continuous examination program.

[45 FR 37216, June 2, 1980; as amended at 69
FR 58353, Sept. 30, 2004]

(a) In lieu of a periodic examination
under § 452.1, each owner of an approved
container meeting § 450.5 may examine
the container or have it examined
using an approved continuous examination program. An owner must submit
the continuous examination program
for approval to the Commandant (CG–
522), United States Coast Guard, 2100
2nd St. SW., Stop 7126, Washington, DC
20593–7126. When submitting a continuous examination program for approval
the owner must show the continuous
examination complies with § 452.9.
(b) The owner must mark the container with the letters ‘‘ACEP/USA/
(year continuous examination program
is approved)’’ to indicate the container
is being periodically examined under
an approved continuous examination
program. This marking must be as
close as practicable to the safety approval plate. This marking must be on
all containers covered by a continuous
examination program by January 1,
1987.
(c) The owner of containers subject
to this section shall have those containers examined in accordance with
the program prescribed in this section
regardless of whether the examinations
are performed within or outside the
United States.

(a) Examinations required by § 452.7
must conform to the following minimum requirements:
(1) A thorough examination that
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 that 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. A
thorough examination must be done
each time a container undergoes a
major repair, refurbishment or on-hire/
off-hire interchange. In no case is the
time period between thorough examinations to exceed 30 months.
(2) Each thorough examination must
be performed by qualified personnel,
trained and experienced in the detection of container structural damage.
(3) Each thorough examination must
apply owner established or industry accepted pass/fail criteria to determine
whether a container has any deficiency
that must be remedied before the container is returned to service.
(b) Thorough examinations must be
documented, and the records retained
by the owner, until the next examination is completed and recorded. The
records must include, in addition to
identification of the container, a
record of the date of last examination
and a means of identifying the examiner. The records must be maintained
in an office under the control of the
owner and be made available for inspection by the Coast Guard upon demand. If the original records are maintained outside the United States, its
territories or possessions, supplementary records must be available in
written or data processing form to be
produced on demand of the Commandant or his representative.

(The information collection requirements
contained in paragraphs (a) and (b) have been
approved by the Office of Management and
Budget under OMB control number 1625–0024)

(The information collection requirements
contained in paragraph (b) have been approved by the Office of Management and
Budget under OMB control number 1625–0024)

[49 FR 15562, Apr. 19, 1984, as amended at 69
FR 58353, Sept. 30, 2004; 74 FR 49241, Sept. 25,
2009]

[49 FR 15562, Apr. 19, 1984, as amended at 69
FR 58353, Sept. 30, 2004; 74 FR 49241, Sept. 25,
2009]

§ 452.5 Examinations made in conjunction with other inspections.
(a) Periodic examinations may be
made in conjunction with or as part of
routine change-of-custody inspections,
or in any other manner convenient to
the owner so long as the examinations
conform to the requirements of § 452.3.
[45 FR 37216, June 2, 1980]

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§ 452.7 Continuous
gram.

examination

pro-

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Pt. 453

49 CFR Ch. IV (10–1–09 Edition)
anyone loading or unloading the container, a mark or tag indicating that
the container must be examined before
being reloaded and again used in international transport. The mark or tag affixed by the District Commander or
Captain of the Port indicates the place
and the date on which it was affixed,
and is capable of remaining legible and
in place for at least 12 months. Such
mark or tag must not be removed until
the container is examined in accordance with § 452.3 of this subchapter. If a
District Commander or Captain of the
Port finds that container marked or
tagged as provided for in this paragraph was reloaded and used or offered
for movement in international transport without having been examined,
the District Commander or Captain of
the Port issues a detention order causing the container to be removed from
service until it is brought into compliance.

PART 453—CONTROL AND
ENFORCEMENT
Sec.
453.1 Unsafe and noncomplying containers
subject to detention or control.
453.3 Detention orders and other orders.
453.5 Termination of detention orders and
other orders.
453.7 Appeal provisions.
AUTHORITY: Sec. 4, 91 Stat 1475 (46 U.S.C.
1503); Department of Homeland Security Delegation No. 0170.1.
EDITORIAL NOTE: Nomenclature changes to
part 453 appear at 74 FR 49241, Sept. 25, 2009.

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§ 453.1 Unsafe and noncomplying containers subject to detention or control.
(a) Any container used in or offered
for movement in international transport which does not have a valid safety
approval plate attached to it is subject
to detention or other control by a District Commander or Captain of the
Port. However, upon receipt of evidence that a container which does not
have a valid safety approval plate attached to it meets the standards of the
convention, the District Commander or
Captain of the Port may authorize limited movement of such container under
conditions he deems appropriate. This
paragraph becomes effective on January 3, 1979 for new containers and on
January 1, 1985 for existing containers.
(b) If a District Commander or Captain of the Port finds that a container
used in or offered for movement in
international transport, even though it
has a valid safety approval plate attached to it, is in a condition that creates an obvious risk to safety, he issues
a detention order causing the container
to be removed from service until it is
restored to a safe condition. In addition to removing a container from
transport, a detention order may require any special handling, including
unloading prior to movement, necessary to ensure safety.
(c) If a District Commander or Captain of the Port finds that a container
used or offered for movement in international transport has not been timely
examined, the District Commander or
Captain of the Port affixes to the container, at a place on the container
where it will be readily noticeable to

[45 FR 37217, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982]

§ 453.3 Detention orders and other orders.
(a) The terms of any detention order
or other order issued under § 453.1, to
the maximum extent practicable, make
provisions to avoid loss or damage to
cargo.
(b) Written notice of any detention
order or other order issued under § 453.1
is given immediately to the terminal
operator, stevedore, or other person
having actual control over the container involved. Prompt notification is
also given to the owner of the container, or his agent. The notification
identifies the container involved, its
location, and describes the condition
which gave rise to the order.
[45 FR 37217, June 2, 1980]

§ 453.5 Termination of detention orders and other orders.
(a) When a container, which is the
subject of a detention order or other
order, is restored to a safe condition or
otherwise brought into compliance, it
must be examined in accordance with
§ 452.3 and a new re-examination date
marked on the container in accordance
with § 452.1(b) of this subchapter.

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Coast Guard, DHS

§ 453.7

(b) The owner or the owner’s agent
shall notify the District Commander or
Captain of the Port who issue the
order, in writing, that the container
has been brought into compliance.
Upon giving such notice, the owner, or
his agent, may return the container to
service.

surveys, the Chief, Office of Operating
and Environmental Standards (CG–522),
U.S. Coast Guard affirms, sets aside, or
modifies the order.
(c) The owner of a container is liable
for any costs incident to a petition for
review including any independent surveys, and for any other costs incident
to or resulting from detention or other
control of a container.
(d) Unless otherwise determined by
the Chief, Office of Operating and Environmental Standards (CG–522), U.S.
Coast Guard, a detention order or other
order remains in effect pending the
outcome of any petition or appeal of
that order.
(e) The Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard acts on all appeals
within ten days of receipt.

[45 FR 37217, June 2, 1980]

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§ 453.7 Appeal provisions.
(a) The owner, his agent, or the custodian of a container subject to a detention order or other order, may petition the Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard to review that order.
(b) The Chief, Office of Operating and
Environmental Standards (CG–522),
U.S. Coast Guard requires independent
surveys to determine the extent of deficiencies, if necessary. Upon completion
of his review, including review of the
results of any required independent

[45 FR 37217, June 2, 1980, as amended at 47
FR 50496, Nov. 8, 1982; 69 FR 58353, Sept. 30,
2004]

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