1625-0024 Stat Authority

§ 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]

jdjones on DSKHWCL6B1PROD with CFR

§ 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 (10–1–10 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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