[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.402]

[Page 50-51]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
      Subpart E_Designation of Approval and Certification Agencies
 
Sec.  107.402  Application for designation as an approval or certification agency.

    (a) Any organization or person seeking designation as an approval or 
certification agency shall apply in writing to the Associate 
Administrator for Hazardous Materials Safety (DHM-32), Department of 
Transportation, 400 Seventh Street, SW., Washington DC 20590-0001. 
Alternatively, the application with any attached supporting 
documentation in an appropriate format may be submitted by facsimile 
(fax) to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-
mail) to: Approvals@rspa.dot.gov. Each application must be signed and 
certified to be correct by the applicant or, if the applicant is an 
organization, by an authorized officer or official representative of the 
organization. Any false statement or representation, or the knowing and 
willful concealment of a material fact, may subject the applicant to 
prosecution under the provisions of 18 U.S.C. 1001, result in the denial 
or termination of a designation.
    (b) Each application for designation must be in English and include 
the following information:
    (1) Name and address of the applicant, including place of 
incorporation if a corporation. In addition, if the applicant is not a 
resident of the United States, the name and address of a permanent 
resident of the United States designated in accordance with Sec.  105.40 
to serve as agent for service of process.
    (2) If the applicant's principal place of business is in a country 
other than the United States, a copy of the designation from the 
Competent Authority of that country delegating to the applicant an 
approval or designated agency authority for the type of packaging for 
which a DOT designation is sought, and a statement that the Competent 
Authority also delegates similar authority to U.S. Citizens or 
organizations having designations under this subpart from the RSPA.
    (3) A listing, by DOT specification (or exemption) number, or U.N. 
designation, of the types of packagings for which approval authority is 
sought.
    (4) A personnel qualifications plan listing the qualifications that 
the applicant will require of each person to be used in the performance 
of each packaging approval or certification function. As a minimum, 
these qualifications must include:
    (i) The ability to review and evaluate design drawings, design and 
stress calculations;
    (ii) A knowledge of the applicable regulations of subchapter C of 
this chapter and, when applicable, U.N. standards; and
    (iii) The ability to conduct or monitor and evaluate test procedures 
and results; and
    (iv) The ability to review and evaluate the qualifications of 
materials and fabrication procedures.

[[Page 51]]

    (5) A statement that the applicant will perform its functions 
independent of the manufacturers and owners of the packagings concerned.
    (6) A statement that the applicant will allow the Associate 
Administrator or his representative to inspect its records and 
facilities in so far as they relate to the approval or certification of 
specification packagings and shall cooperate in the conduct of such 
inspections.
    (c) The applicant shall furnish any additional information relevant 
to the applicant's qualifications, if requested by the Associate 
Administrator.

[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985; 50 FR 16089, Apr. 24, 1985, 
as amended by Amdt. 107-22, 55 FR 39978, Oct. 1, 1990; Amdt. 107-23, 56 
FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001; 67 FR 61011, Sept. 
27, 2002]