49 C.F.R. § 107.402 Application for designation as an approval or certification agency.
Title 49 - Transportation
(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: [email protected]. 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 §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 special permit) 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. (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]
Title 49: Transportation
PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES
Subpart E—Designation of Approval and Certification Agencies
§ 107.402 Application for designation as an approval or certification agency.
