1、13 Coast Guard, DHS Pt. 452 451.16 Action by approval authority- individual approval. (a) The approval authority arranges with the manufacturer or owner to wit-ness testing in accordance with Annex II to the convention. Upon witnessing successful completion of the tests, the approval authority issue
2、s 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 deci-sion of an approval authority may ob-tain review of the decision by the Chief, Office of Operating and Environ-mental Standards (C
3、G522), U.S. Coast Guard. The decision of the Chief, Office of Operating and Environmental Stand-ards (CG522), 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 CSafety Approval Plate 451.21 Safety approv
4、al plate re-quired. (a) The safety approval plate must be supplied by the owner or manufacturer. 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 con-vention. (b) The safety approval plate must be: (1) Design
5、ed to withstand and remain legible after a 15 minute exposure to a medium intensity fire producing a tem-perature 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 a
6、s to remain legible for the working life of the container. (3) Designed to have a legible life ex-pectancy equal to or greater than the life expectancy of the container to which the plate is affixed. 451.25 Required information. (a) The safety approval number ap-pearing on line 1 of the safety appro
7、val plate must be of the form USA/(ap-proval number, which includes the ap-proval authority identification code)/ (year in which approval was granted). (b) The date upon which approval was granted must be the same for all con-tainers of a design-type or type-series covered by one notice of approval.
8、 (c) The safety approval number must be the same for all containers of a de-sign-type or type-series covered by one notice of approval. (d) The owners International Organi-zation for Standardization (ISO) alpha numeric identification numbers may be used in place of the manufacturers identification n
9、umbers on line 3 of the safety approval plate. If owners identi-fication numbers are used and the man-ufacturers are available, the owner shall keep records correlating the own-ers identification numbers used with the manufacturers number. If a con-tainer marked with owners identifica-tion numbers c
10、hanges ownership, and the owners identification number is changed as a result, the new owner must add the new owners identifica-tion number, following the original owners identification number on line 3 of the safety approval plate. In the event that the new owners identifica-tion number cannot be l
11、egibly added to line 3 of the safety approval plate fol-lowing the original owners identifica-tion number, the new owner is author-ized to put a new safety approval plate on the freight container provided that all the information contained on the original safety approval plate is re-tained in the ow
12、ners files. PART 452EXAMINATION 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. AUTHORITY: Sec. 4,
13、 91 Stat 1475 (46 U.S.C. 1503); Department of Homeland Security Del-egation No. 0170.1. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wi
14、thout license from IHS-,-,-14 49 CFR Ch. IV (10110 Edition) 452.1 452.1 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 ac-cordance with the procedures pre-scribed in 452.3
15、 at intervals of not more than 30 months, except that for containers approved as new containers, the interval from the date of manufac-ture to the date of the first examina-tion must not exceed five years. For containers approved, examined and plated as existing containers before January 1, 1985 and
16、 containers ap-proved and plated as new containers before January 1, 1985, the subsequent examination must be carried out in ac-cordance with the following schedule: Date of initial plating Subsequent ex-amination Existing containers before Sept. 30, 1981 and new containers before Dec. 31, 1978.Befo
17、re Jan. 1986. Existing containers between Oct. 1, 1981 and Sept. 30, 1982 and new con-tainers between Jan. 1, 1979 and Dec. 31, 1979.Before May 1986. Existing containers between Oct. 1, 1982 and Sept. 30, 1983 and new con-tainers between Jan. 1, 1980 and Dec. 31, 1980.Before Sept. 1986. Existing con
18、tainers between Oct. 1, 1983 and Dec. 31, 1984 and new containers between Jan. 1, 1981 and Dec. 31, 1981.Before Jan. 1987. NOTE: Containers plated under 451.14 are considered existing containers in the above schedule. (b) Upon completion of an examina-tion required by this part, the owner shall mark
19、 on the safety approval plate, or on the container itself as close as practicable to the safety ap-proval plate, the month and year be-fore 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
20、means so long as it is capable of remaining legible for at least 24 months. Affixing such a mark-ing to a container that has not been ex-amined in accordance with 452.3 con-stitutes a misrepresentation in a mat-ter within the jurisdiction of an agency of the United States, and makes the owner punish
21、able under 18 U.S.C. 1001. (c) The owner of containers subject to this section shall have those con-tainers examined in accordance with the program prescribed in this section regardless of whether the examinations are preformed within or outside the United States. 45 FR 37216, June 2, 1980, as amend
22、ed at 47 FR 50496, Nov. 8, 1982; 49 FR 15562, Apr. 19, 1984; 69 FR 58353, Sept. 30, 2004 452.3 Elements of periodic examina-tions. (a) Periodic examinations required by 452.1 must conform to the fol-lowing minimum requirements: (1) Each examination must include a detailed visual inspection for defec
23、ts 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 dis-closed by the examination must be cor-rected by the owner before the con-tainer is continued in service. (2)
24、Each examination must take into account the particular characteristics of various kinds of containers and ma-terials of construction. (3) Each examination must be per-formed by qualified personnel, trained and experienced in the detection of container structural damage. (4) The examinations must be
25、sched-uled 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
26、docu-mented, and the records retained by the owner, until the next examination is completed and recorded. The records must include, in addition to identifica-tion 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
27、office under the control of the owner and be made available for inspection by the Coast Guard upon demand. If the origi-nal records are maintained outside the United States, its territories or posses-sions, supplementary records must be available in written or data processing VerDate Mar2010 14:39 D
28、ec 20, 2010 Jkt 220217 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-15 Coast Guard, DHS 452.9 form to be produced on demand of the Commandant or his rep
29、resentative. 45 FR 37216, June 2, 1980; as amended at 69 FR 58353, Sept. 30, 2004 452.5 Examinations made in conjunc-tion 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 ow
30、ner so long as the examinations conform to the requirements of 452.3. 45 FR 37216, June 2, 1980 452.7 Continuous examination pro-gram. (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
31、continuous examina-tion 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 205937126. When submitting a contin-uous examination program for approval the owner must show the c
32、ontinuous examination complies with 452.9. (b) The owner must mark the con-tainer 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 p
33、racticable to the safety ap-proval 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 con-tainers examined in accordance with the program prescribed in this section regardl
34、ess of whether the examinations are performed within or outside the United States. (The information collection requirements contained in paragraphs (a) and (b) have been approved by the Office of Management and Budget under OMB control number 16250024) 49 FR 15562, Apr. 19, 1984, as amended at 69 FR
35、 58353, Sept. 30, 2004; 74 FR 49241, Sept. 25, 2009; 74 FR 49241, Sept 25, 2009 452.9 Elements of a continuous exam-ination program. (a) Examinations required by 452.7 must conform to the following min-imum requirements: (1) A thorough examination that must include a detailed visual inspec-tion for
36、defects such as cracks, fail-ures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage that could place any person in danger. Any such defi-ciencies disclosed by the examination must be corrected by the owner before the container is continued in service. A
37、 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 exami-nations to exceed 30 months. (2) Each thorough examination must be performed by qualified personnel, trained and exp
38、erienced in the detec-tion of container structural damage. (3) Each thorough examination must apply owner established or industry ac-cepted pass/fail criteria to determine whether a container has any deficiency that must be remedied before the con-tainer is returned to service. (b) Thorough examinat
39、ions must be documented, and the records retained by the owner, until the next examina-tion 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 exam-iner. The records must be main
40、tained in an office under the control of the owner and be made available for in-spection by the Coast Guard upon de-mand. If the original records are main-tained outside the United States, its territories or possessions, supple-mentary records must be available in written or data processing form to
41、be produced on demand of the Com-mandant or his representative. (The information collection requirements contained in paragraph (b) have been ap-proved by the Office of Management and Budget under OMB control number 16250024) 49 FR 15562, Apr. 19, 1984, as amended at 69 FR 58353, Sept. 30, 2004 VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
