1625-0024 Stat/Authority

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 (10–1–10 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]

jdjones on DSKHWCL6B1PROD with CFR

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 (10–1–10 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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