[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.402]

[Page 44-45]
                        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 (PHH-32), Department of 
Transportation, 400 Seventh Street, SW., Washington DC 20590-0001. 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. 107.7 
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

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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 for Hazardous Materials Safety 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 for Hazardous Materials Safety.

[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]