Interpretation Response #98-0041 ([T.P.H. Management Service Ltd] [Mr. Donald H. Hausmann])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: T.P.H. Management Service Ltd
Individual Name: Mr. Donald H. Hausmann
Location State: TX Country: US
View the Interpretation Document
Response text:
AUG 24, 1998
Mr. Donald H. Hausmann Ref. No. 98-0041
T.P.H. Management Service Ltd.
P.O. Box 15845
Houston, Texas 77220
Dear Mr. Hausmann:
This is in response to your letter of April 27, 1998, regarding requirements for applying the third party testing facility marking and the self-certification marking on a package under § 107.402(b)(5) of 49 Code of Federal Regulations (Part 107 - Hazardous materials program procedures). Specifically, you ask whether a third party lab may apply a "+" mark on a packaging certification even if the third party lab owns stock in the packaging manufacturing company or is affiliated with the management.
The intent of the requirement for the statement "the applicant will perform its functions independent of manufacturers and owners of the packagings", as required by § 107.402(b)(5), is to present to DOT a clear statement that there will be no conflict of interest in the work being performed by an applicant. Any ownership of a test lab by a manufacturer or packaging owner or, alternatively, ownership of a packaging or a packaging manufacturer by a test lab, would bring into question the level of independence of the test lab and would introduce the possibility of conflict of interest.
Thus, prior to granting an approval to operate as a test lab, RSPA would examine whether the applicant can operate independent of those who have a financial interest in the packaging test results. One portion of this evaluation would involve examining the applicant"s ownership structure, including ownership of the test lab and the applicant"s interest in any manufacturing facility.
I hope this answers your inquiry. If you need further assistance, please do not hesitate to contact us.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards
George:DHM-11:68553:06/16/98:at
File: 107.402
Revised:JJones(DHM-30):07/01/98
Revised:DCC:07/13/98
Revised:ETM:7/22/98
107.402
Regulation Sections
| Section | Subject |
|---|---|
| 107.402 | Application for designation as a certification agency |