1625-0024 Stat/Authority

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.

jdjones on DSKHWCL6B1PROD with CFR

§ 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 (10–1–10 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.

jdjones on DSKHWCL6B1PROD with CFR

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) 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.

§ 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]

§ 452.7 Continuous
gram.

examination

pro-

(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.

jdjones on DSKHWCL6B1PROD with CFR

(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; 74 FR 49241, Sept.. 25, 2009]

[49 FR 15562, Apr. 19, 1984, as amended at 69
FR 58353, Sept. 30, 2004]

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