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 § 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 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 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 until surrendered or withdrawn or otherwise terminated by the Associate Administrator.

(f) 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.

(g) 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 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; 66 FR 45379, Aug. 28, 2001]