What does 49 CFR 107.402 (Application for designation as a certification agency) require?
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Based on 49 CFR 107.402, any organization or person seeking approval as a certification agency must 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, applications may be submitted by fax to (202) 366-3753 or (202) 366-3308, or by email to [email protected].
The application must meet the following requirements:
* Signature and Certification: It must be signed and certified as correct by the applicant, or by an authorized officer/official representative if the applicant is an organization.
* Language: It must be written in English.
* Basic Information: It must include the information required by subpart H, along with the applicant's name and address (including place of incorporation if a corporation). If the applicant is not a U.S. resident, they must include the name and address of a permanent U.S. resident designated to serve as an agent for service of process (in accordance with § 105.40).
* Inspection Acknowledgment: It must include a statement acknowledging that the Associate Administrator or a designated official may inspect records and facilities related to certification activities on demand, and that the applicant will cooperate with such inspections.
* Additional Qualifications: It must include any additional information regarding the applicant's qualifications upon request by the Associate Administrator or a designated official.
Depending on the specific type of certification agency you are applying for (such as UN Third-Party Packaging, Fireworks, Lighter, or Portable Tank and MEGC certification agencies), additional specific information regarding facility locations, testing abilities, operating procedures, and independence from manufacturers/owners must also be included in the application as outlined in 49 CFR 107.402.
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