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 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 § 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 § 173.300a(b)(6).

(c) Upon the request of the Associate Administrator 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 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 may authorize, upon request, the independent inspection agency to perform other inspections and functions for which the Associate Administrator, finds the applicant to be qualified. Such additional authorizations will be noted on each inspector's approval documents.

(e) The Associate Administrator 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, 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 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.

(h) The holder of an approval issued under this section shall notify the Associate Administrator 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 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; 66 FR 45379, 45382, Aug. 28, 2001]