49 C.F.R. Subpart A—Approval of Existing Containers
Title 49 - Transportation
(a) Any owner of an existing container may apply for approval to the Commandant (G-MSO), U.S. Coast Guard, Washington, DC 20593 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. (3) Maximum operating gross weight capacity. (4) Allowable stacking weight for 1.8G (1.8×Gross weight in kilograms or pounds). Note: This value is the total load the container is designed to support when subjected to a vertical acceleration of 1.8G. (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] (a) The Approval Authority (or the Chief, Office of Operating and Environmental Standards (G-MSO), 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 Environmental Standards (G-MSO), 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] (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 (G-MSO), U.S. Coast Guard. The decision of the Chief, Office of Operating and Environmental Standards (G-MSO), 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 58352, Sept. 30, 2004] (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 69 FR 58352, Sept. 30, 2004]
Title 49: Transportation
PART 451—TESTING AND APPROVAL OF CONTAINERS
Subpart A—Approval of Existing Containers
§ 451.1 Application for approval.
§ 451.3 Action by Approval Authority.
§ 451.5 Resubmission or appeal.
§ 451.7 Alternative approval of existing containers.
