49 CFR 107.402 - Application for designation as an approval or certification agency.

§ 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, East Building, 1200 New Jersey Avenue, SE., 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: approvals@dot.gov. 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; 72 FR 55683, Oct. 1, 2007]

Title 49 published on 2014-10-01.

No entries appear in the Federal Register after this date, for 49 CFR Part 107.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
Public Laws

Title 49 published on 2014-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 107 after this date.

  • 2015-01-23; vol. 80 # 15 - Friday, January 23, 2015
    1. 80 FR 3788 - Hazardous Materials: Miscellaneous Amendments (RRR)
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Notice of Proposed Rulemaking (NPRM).
      Comments must be received by March 24, 2015.
      49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179 and 180