49 C.F.R. Subpart E—Designation of Approval and Certification Agencies
Title 49 - Transportation
(a) This subpart establishes procedures for the designation of agencies to issue approval certificates and certifications for types of packagings designed, manufactured, tested, or maintained in conformance with the requirements of this subchapter, subchapter C of this chapter, and standards set forth in the United Nations (U.N.) Recommendations (Transport of Dangerous Goods). Except for certifications of compliance with U.N. packaging standards, this subpart does not apply unless made applicable by a rule in subchapter C of this chapter. (b) The Associate Administrator may issue approval certificates and certifications addressed in paragraph (a) of this section. [Amdt. 107–31, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107–23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001] (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] (a) If the Associate Administrator determines that an application contains all the required information, the applicant is sent a letter of designation and assigned an identification code. (b) If the Associate Administrator determines that an application does not contain all the required information, the application is denied and the applicant is sent a written notice containing all the reasons for the denial. (c) Within 30 days of an initial denial of an application under paragraph (b) of this section, the applicant may file an amended application. If after considering the amended application, the Associate Administrator determines that it should be denied, he notifies the applicant, and the denial constitutes the final action of the Associate Administrator on the application. Within 60 days of receipt of the final denial the applicant may appeal the denial to the Administrator, PHMSA, setting forth in writing where the Associate Administrator for Hazardous Materials Safety erred in this determination. [Amdt. 107–13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107–23, 56 FR 66157, Dec. 20, 1991; Amdt. 107–32, 59 FR 49131, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001] (a) Each designation made under this subpart contains the following conditions: (1) The designated approval or certification agency may use only testing equipment that it has determined, through personal inspection, to be suitable for the purpose. (2) Each approval certificate and certification issued by the designated approval agency must contain the name and identification code of the approval agency. (3) Each approval certificate and certification must be in a format acceptable to the Associate Administrator. (b) The designated approval agency shall notify the Associate Administrator within 20 days after the date there is any change in the information submitted under §107.402. (c) The designated approval agency shall comply with all of the terms and conditions stated in its letter of designation under the subpart. (d) Nothing in this part relieves a manufacturer or owner of a packaging of responsibility for compliance with any of the applicable requirements of this title. [Amdt. 107–13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107–23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001] (a) Any designation issued under §107.403 of this subchapter may be suspended or terminated if the Associate Administrator determines that: (1) The application for designation contained a misrepresentation, or the applicant willfully concealed a material fact. (2) The approval agency failed to comply with a term or condition stated in the agency's letter of designation. (3) The Competent Authority of an approval agency of a country outside the United States has failed to initiate, maintain or recognize a qualified U.S. approval agency. (b) Before a designation is suspended or terminated, the Associate Administrator shall give to the approval agency: (1) Written notice of the facts or conduct believed to warrant suspension or termination of the designation. (2) Sixty days in which to show in writing why the designation should not be suspended or terminated. [Amdt. 107–13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107–23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]
Title 49: Transportation
PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES
Subpart E—Designation of Approval and Certification Agencies
§ 107.401 Purpose and scope.
§ 107.402 Application for designation as an approval or certification agency.
§ 107.403 Designation of approval agencies.
§ 107.404 Conditions of designation.
§ 107.405 Termination of designation.
