Only domestic owners are eligible to receive U.S. ATP certificates for equipment in service, with certification based upon the following:
(a) For equipment which has not previously been certified:
(1) For each unit of equipment, a test in a U.S. ATP testing station or in a testing station located in and approved by a country which is a Contracting Party, to measure the K-coefficient of the insulated body and the efficiency of the thermal appliance in accordance with § 3300.10 and § 3300.13 of this rule.
(2) If the equipment consists of serially-produced equipment manufactured by a particular equipment manufacturer, and belonging to one owner, certification may be based upon the following:
(i) A test of 1 percent of the units of equipment as prescribed in preceding paragraph (a)(1) of this section, the units tested to serve as reference equipment.
(ii) An inspection of each unit of equipment, using the procedures set forth in ATP, Annex 1, Appendix 2, paragraphs 29 and 49. The inspections shall be performed by one of the following, at the choice of the owner:
(A) Persons in the owner's organization whom the owner deems qualified to perform inspections, or;
(B) By an independent inspection agency which the owner deems competent to perform inspections. Fees charged by such inspection agency shall be payable directly to the agency by the owner.
(iii) A report of each inspection shall be completed on a form corresponding to the pertinent test report model in ATP, Annex 1, Appendix 2. Report forms may be obtained by a request to the ATP manager.
(b) For renewal of a U.S. ATP certificate which is nearing its expiration date, any of the following three procedures:
(1) For each unit of equipment, a test as prescribed in preceding paragraph (a)(1) of this section, or;
(2) If the equipment is serially-produced by a particular manufacturer and belongs to one owner, test and inspection of the equipment according to the procedures prescribed in preceding paragraphs (a)(2)(i), (ii), and (iii) of this section, or;
(3) An inspection of each unit of equipment as prescribed in paragraphs (a)(2)(ii) and (iii) of this section.
(c) For equipment which is currently certified according to a U.S. ATP certificate, and which has been transferred from one domestic owner to another, the new owner may obtain a U.S. ATP certificate by submitting the original or certified true copy of the certificate issued to the previous owner, and by performing an inspection and submitting an inspection report for each unit of equipment.
(d) For equipment which is currently certified according to a Foreign-ATP certificate, and which has been transferred from a foreign owner to a domestic owner, the domestic owner may obtain a U.S. ATP certificate by submitting the original or certified true copy of the test report for the reference equipment and the original or certified true copy of the foreign certificate, and by performing an inspection and submitting an inspection report for each unit of equipment.
(e) Owners who receive a U.S. ATP certificate have the responsibility to maintain equipment in good repair and operating condition with the understanding that the certificate is valid only so long as:
(1) The insulated body and the thermal appliance are maintained in good condition;
(2) No material alteration is made to the thermal appliance which decreases its refrigeration capacity, and;
(3) If the thermal appliance is replaced, it is replaced by an appliance of equal or greater refrigerating capacity.
An application shall be submitted to the ATP manager by an officer in the organization of the owner of the equipment. Copies of the Form, Application for U.S. ATP Certificate for Equipment in Service, may be obtained by a request to the ATP manager. The following information is requested in the application:
(a) A statement that the owner is a domestic owner, with the name, address, and telephone number of its principal office, and name and title of person to contact.
(b) If the operator of the equipment is different from the owner, the name and address of the operator.
(c) The type of equipment (intermodal freight container, trailer, semi-trailer, railcar, or truck).
(d) The total number of units of equipment.
(e) The definition of the equipment for which certification is sought, referring to ATP, Annex 1, paragraph 3 and Appendix 4.
(f) For equipment which has not been previously certified, one of the following:
(1) For each unit of equipment, the original or certified true copy of the test report, or;
(2) If the equipment is serially-produced by one manufacturer:
(i) Name of manufacturer.
(ii) The original or certified true copy of the test report(s) of 1 percent of the equipment which was tested to serve as reference equipment.
(iii) A report of inspection for each unit of equipment.
(g) For renewal of a U.S. ATP Certificate which is nearing its expiration date:
(1) The original or certified true copy of that certificate, and;
(2) One of the following, (i) (ii), or (iii):
(i) For each unit of equipment, the original or certified true copy of the test report.
(ii) If the equipment is serially-produced by one manufacturer:
(A) Name of manufacturer.
(B) The original or certified true copy of the test report(s) of 1 percent of the equipment which was tested to serve as reference equipment.
(C) A report of inspection from each unit of equipment.
(iii) A report of inspection for each unit of equipment.
(h) For equipment which is currently certified according to a U.S. ATP certificate, and which has been transferred from one domestic owner to another:
(1) The original or certified true copy of that certificate.
(2) A report of inspection for each unit of equipment.
(i) For equipment which is currently certified according to a Foreign-ATP certificate, and which has been transferred from a foreign owner to a domestic owner:
(1) The original or certified true copy of the test report for the reference equipment.
(2) The original or certified true copy of the Foreign-ATP certificate.
(3) A report of inspection for each unit of equipment.
(j) A statement that each unit of equipment has, or will have, affixed to it a certification plate and distinguishing mark as prescribed in ATP, Annex 1, Appendix 1, paragraphs 4 and 5, and Appendices 3 and 4.
(k) A list showing, for each unit of equipment, the serial number of the body and the corresponding owner's equipment identification number.
The ATP manager will evaluate documents received and, for equipment deemed qualified, will issue a U.S. ATP certificate to the applicant within 30 days of receipt of the application and any relevant information required. The certificate will be in the format prescribed in ATP, Annex 1, Appendix 3. For equipment deemed not qualified, the applicant will be advised of reasons for non-qualification within 30 days of receipt of an application and any relevant information required.
In accordance with ATP, Annex 1, Appendix 1, paragraphs 1(b), and Appendix 2, paragraphs 29(c) and 49(b) and (d), considered in combination, certificates will be valid for periods as follows:
(a) For equipment which passes a test, 6 years.
(b) For serially-produced equipment of which 1 percent have passed a test, and all units have been inspected and passed such inspection, 6 years.
(c) For renewal of a U.S. ATP certificate which is nearing its expiration date, where the equipment has passed an inspection but has not been tested, 3 years.
(d) For equipment currently certified according to a U.S. ATP certificate, where the equipment has been transferred from one domestic owner to another and the equipment has passed an inspection, 3 years or the date of expiration of the current U.S. ATP certificate, whichever gives the later expiration date on the new U.S. ATP certificate.
(e) For equipment currently certified according to a Foreign-ATP certificate, where the equipment has been transferred from a foreign owner to a domestic owner and the equipment has passed an inspection, 3 years or the date of expiration of the foreign certificate, whichever gives the later expiration date on the newly issued U.S. ATP certificate.