[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.402]



[Page 50-51]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 (PHH-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@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 PHMSA.

    (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



[[Page 51]]



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.

    (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; 70 FR 56090, Sept. 23, 2005]