[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: 49CFR173.300a]
[Page 501-502]
TITLE 49--TRANSPORTATION
CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
--Table of Contents
Subpart G--Gases; Preparation and Packaging
Sec. 173.300a Approval of independent inspection agency.
(a) Any person who (1) does not manufacture cylinders for use in the
transportation of hazardous materials and (2) is not directly or
indirectly controlled by any person or firm which manufactures cylinders
for use in the transportation of hazardous materials, may apply to the
Department of Transportation for approval as an independent inspection
agency for the purpose of performing cylinder inspections and
verifications required by part 178 of this subchapter.
(b) Each application filed under this section for approval as an
independent inspection agency must:
(1) Be submitted in writing to: Associate Administrator for
Hazardous Materials Safety, U.S. Department of Transportation,
Washington, DC 20590-0001;
(2) State the name, address, principal business activity, and
telephone number of the applicant and the name and address of each
facility where tests and inspections are to be performed;
(3) State the name, address and principal business activity of each
person having any direct or indirect ownership interest in the applicant
greater than three percent and of each subsidiary or division of the
applicant;
(4) If the applicant is not a permanent resident of the United
States, include a designation of a permanent resident of the United
States as his agent for service of process in accordance with Sec. 107.7
of this title;
(5) Set forth a detailed description of the inspection and testing
facilities to be used by the applicant and the applicant's capability to
perform the inspections and verify the tests required by part 178 of
this subchapter;
(6) Identify by name each individual whom the applicant proposes to
employ as an inspector responsible for certifying inspection and test
results and a statement of that person's qualifications; and
(7) Specify the identification or qualification number assigned to
each inspector who is supervised by a certifying inspector identified in
Sec. 173.300a(b)(6).
(c) Upon the request of the Associate Administrator for Hazardous
Materials Safety the applicant shall allow the Associate Administrator
or his or her representative to inspect the applicant's inspection and
testing facilities. In the case of inspection and testing facilities
located outside the United States, the applicant shall bear the cost of
the inspection.
(d) If, on the basis of information submitted in the application and
his own investigation, the Associate Administrator for Hazardous
Materials Safety finds that the applicant is qualified to perform the
inspections and verifications required by part 178 of this subchapter
for cylinders to be used in the transportation of hazardous materials,
he issues an approval subject to such terms and conditions as he
considers necessary. After approval, the Associate Administrator for
Hazardous Materials Safety, may authorize, upon request, the independent
inspection agency to perform other inspections and functions for which
the Associate Administrator for Hazardous Materials Safety, finds the
applicant to be qualified. Such additional authorizations will be noted
on each inspector's approval documents.
(e) The Associate Administrator for Hazardous Materials Safety will
issue an approval as an independent inspection agency for the purpose of
performing inspections and verifications within the United States to any
competent and disinterested inspector of cylinders so designated by the
Bureau of Explosives before May 1, 1976, who submits a copy of that
designation by July 15, 1976, together with the name, the assigned
identification or qualification number, and a statement of the
qualifications of each person employed as an inspector under that
designation to: Associate Administrator for Hazardous Materials Safety,
U.S. Department of Transportation, Washington, DC 20590-0001.
(f) Notwithstanding any requirement of this subchapter to the
contrary, between May 30, 1976, and August 15, 1976, inspections and
verifications required by part 178 of this subchapter may be
[[Page 502]]
performed within the United States by any competent and disinterested
inspector so designated by the Bureau of Explosives prior to May 1,
1976.
(g) An approval issued under this section is not transferable and is
effective until surrendered or withdrawn or otherwise terminated by the
Associate Administrator for Hazardous Materials Safety.
(h) The holder of an approval issued under this section shall notify
the Associate Administrator for Hazardous Materials Safety within 20
days after the date there is any change in the information submitted in
the application for the approval.
(i) Upon the request of the Associate Administrator for Hazardous
Materials Safety the holder of an approval issued under this section
shall allow the Director to inspect the holder's inspection and testing
facilities and shall make available for inspection the holder's records
pertaining to inspections and verifications required by part 178 of this
subchapter. In the case of inspection and testing facilities located
outside the United States and records made available for inspection
outside the United States, the holder shall bear the costs of
inspection.
[Amdt. 173-97, 41 FR 18414, May 4, 1976, as amended by Amdt. 173-142, 45
FR 81572, Dec. 11, 1980; Amdt. 173-158, 47 FR 43065, Sept. 30, 1982;
Amdt. 173-194 50 FR 46056, Nov. 6, 1985; Amdt. 173-223, 55 FR 39981,
Oct. 1, 1990; Amdt. 173-224, 56 FR 66279, Dec. 20, 1991; Amdt. 173-256,
61 FR 51338, Oct. 1, 1996]
|
