[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: 49CFR173.300b]

[Page 502-503]

                        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. 173.300b  Approval of non-domestic chemical analyses and tests.

    (a) Any person who manufactures cylinders outside the United States 
may apply to the Department for approval to have the chemical analyses 
and tests of those cylinders required by part 178 of this subchapter 
performed outside the United States for the purpose of qualifying them 
for use in the transportation of hazardous materials to, from or within 
the United States.

    (b) Each application filed under this section for approval to 
perform chemical analyses and tests of cylinders outside the United 
States 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, and telephone number of the applicant 
and the name, address and a description of each facility at which 
cylinders are to be manufactured and chemical analyses and tests are to 
be performed;

    (3) If the applicant is not a 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;

    (4) Set forth complete details concerning the dimension, materials 
of construction, wall thickness, water capacity, shape, type of joints, 
location and size of openings and other pertinent physical 
characteristics of each specification cylinder for which approval is 
being requested, including calculations for cylinder wall stress and 
wall thickness which may be shown on a drawing or on separate sheets 
attached to a descriptive drawing. If units of weights and measures are 
expressed in the metric system, they must also be stated in the English 
system equivalents; and

    (5) Identify the independent inspection agency to be used.

    (c) Upon the request of the Associate Administrator for Hazardous 
Materials Safety the applicant shall allow the Director to inspect the 
applicant's cylinder manufacturing and testing facilities and shall 
provide such materials and cylinders for analyses and tests as the 
Director may specify. The applicant shall bear the cost of the 
inspections, analyses, and tests.

    (d) If, on the basis of the information submitted in the application 
and his own investigation, the Associate Administrator for Hazardous 
Materials Safety finds that the applicant has the proper manufacturing 
equipment and facilities and is otherwise capable of insuring the proper 
performance of the chemical analyses and tests 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.

    (e) An approval issued under this section is not transferable and is 
effective

[[Page 503]]

until surrendered or withdrawn or otherwise terminated by the Associate 
Administrator for Hazardous Materials Safety.

    (f) 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.

    (g) 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 cylinder manufacturing 
and testing facilities, any cylinder manufactured under that approval, 
the holder's inspection and test records, and technical data files 
pertaining to any cylinder manufactured under that approval. In the case 
of facilities located outside the United States, or cylinders, records 
or files made available for inspection outside the United States, the 
holder shall bear the costs of inspection.

[Amdt. 173-97, 41 FR 18415, 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. 173-223, 55 FR 39981, Oct. 1, 1990; Amdt. 173-224, 56 FR 66279, 
Dec. 20, 1991]