Current through Reg. 49, No. 12; March 22, 2024
(a) No person may
engage in any LNG activities until that person has obtained a license from the
Commission authorizing the LNG activities, except as follows:
(1) A state agency or institution, county,
municipality, school district, or other governmental subdivision is exempt from
licensing requirements as provided in Texas Natural Resources Code, §
RSA 116.031(d)
if the entity is performing LNG activities on its own behalf but is required to
obtain a license to perform LNG activities for or on behalf of a second
party.
(2) An original manufacturer
of a new motor vehicle powered by LNG, or a subcontractor of a manufacturer who
produces a new LNG powered motor vehicle for the manufacturer is not subject to
the licensing requirements of this chapter, but shall comply with all other
rules in this chapter.
(3) An
ultimate consumer is not subject to the licensing requirements of this chapter
in order to perform those LNG activities dealing only with the ultimate
consumer; however, a license is required to register a transport or cylinder
delivery unit. An ultimate consumer's license does not require a fee or a
company representative.
(b) An applicant for license shall not engage
in LNG activities until it has employed a company representative who meets the
requirements of §
RSA
14.2025 of this title (relating to
Designation and Responsibilities of Company Representatives and Operations
Supervisors).
(c) Licensees,
registered manufacturers, company representatives, and operations supervisors
at each outlet shall have copies of all current licenses and/or manufacturer
registration certificates and certification cards for employees at that
location available for inspection during regular business hours. In addition,
licensees and registered manufacturers shall maintain a current version of the
rules in this chapter and any adopted codes covering LNG activities performed
by the licensee or manufacturer, and shall provide at least one copy of all
publications to each company representative and operations supervisor. The
copies shall be available to employees during business hours.
(d) Licenses and manufacturer registrations
issued under this chapter expire one year after issuance at midnight on the
last day of the month prior to the month in which they are issued.
(e) If a license or registration expires, the
person shall immediately cease LNG activities.
(f) Applicants for a new license shall file
with AFS:
(1) a properly completed LNG Form
2001 listing all names under which LNG-related activities requiring licensing
are to be conducted and the applicant's properly qualified company
representative, and the following forms or documents as applicable:
(A) LNG Form 2001A if the applicant will
operate any outlets pursuant to subsection (g) of this section;
(B) LNG Form 2007, 2007A or 2007T and any
information requested in §
14.2704 of this title (relating to
Registration and Transfer of LNG Transports) if the applicant intends to
register any LNG transports;
(C)
LNG Form 2019 if the applicant will be transferring the operation of an
existing storage or retail facilities;
(D) any form required to comply with §
RSA
14.2031 of this title (relating to Insurance
Requirements);
(E) a copy of
current certificate of account status if required by §
RSA
14.2028 of this title (relating to Franchise
Tax Certification and Assumed Name Certificates); and/or
(F) copies of the assumed name certificates
if required by §
RSA
14.2028 of this title; and
(2) payment for all applicable
fees.
(A) If the applicant submits the payment
by mail, the payment shall be in the form of a check, money order or printed
copy of an online receipts.
(B) If
the applicant pays the applicable fee online, the applicant shall submit a copy
of an online payment receipt via mail, email or fax.
(g) A licensee shall submit LNG
Form 2001A listing all outlets operated by the licensee.
(1) Each outlet shall employ an operations
supervisor who meets the requirements of §
RSA
14.2025 of this title.
(2) Each outlet shall be listed on the
licensee's renewal specified in subsection (j) of this section.
(h) Beginning February 15, 2021, a
prospective container manufacturer may apply to AFS to manufacture LNG
containers in the state of Texas. Beginning February 15, 2021, a person shall
not engage in the manufacture of LNG containers in this state unless that
person has obtained a container manufacturer's registration as specified in
this subsection.
(1) Applicants for container
manufacturer registration shall file with AFS LNG Form 2001M, and the following
forms or documents as applicable:
(A) any
form required by §
RSA
14.2031 of this title;
(B) a copy of current certificate of account
status if required by §
RSA
14.2028 of this title;
(C) copies of the assumed name certificates
if required by §
RSA
14.2028 of this title;
(D) a copy of current DOT authorization. A
registered manufacturer shall not continue to operate after the expiration date
of the DOT authorization; and/or
(E) a copy of current ASME Code, Section VIII
certificate of authorization or "R" certificate. If ASME is unable to issue a
renewed certificate of authorization prior to the expiration date, the
manufacturer may request in writing an extension of time not to exceed 60
calendar days past the expiration date. The request for extension shall be
received by AFS prior to the expiration date of the ASME certificate of
authorization referred to in this section, and shall include a letter or
statement from ASME that the agency is unable to issue the renewal certificate
of authorization prior to expiration and that a temporary extension will be
granted for its purposes. A registered manufacturer shall not continue to
operate after the expiration date of an ASME certificate of authorization until
the manufacturer files a current ASME certificate of authorization with AFS or
AFS grants a temporary exception.
(2) By filing LNG Form 2001M, the applicant
certifies that it has read the requirements of this chapter and shall comply
with all applicable rules, regulations and adopted standards.
(3) The required fee shall accompany LNG Form
2001M. An original registration fee is $1,000; the renewal fee is $600.
(A) If submitted by mail, payment shall be by
check, money order, or printed copy of an online receipt.
(B) If submitted by email or fax, payment
shall be a copy of an online receipt.
(4) If a manufacturer registration expires or
lapses, the person shall immediately cease the manufacture, assembly, repair,
testing and sale of LNG containers in Texas.
(i) Applications for license or registration
must include a 24-hour emergency telephone number.
(j) AFS will review an application for
license or registration to verify all requirements have been met.
(1) If errors are found or information is
missing in the application or other documents, AFS will notify the applicant of
the deficiencies in writing.
(2)
The applicant must respond with the required information and/or documentation
within 30 days of the written notice. Failure to respond by the deadline will
result in withdrawal of the application.
(3) If all requirements have been met AFS
will issue the license or manufacturer registration and send the license or
registration to licensee or manufacturer, as applicable.
(k) For license and manufacturer registration
renewals:
(1) AFS shall notify the licensee
or registered manufacturer in writing at the address on file with AFS of the
impending license or manufacturer registration expiration at least 30 calendar
days before the date the license or registration is scheduled to
expire.
(2) The renewal notice
shall include copies of applicable LNG Forms 2001, 2001A, and 2007, 2007A or
LNG Form 2001M showing the information currently on file.
(3) The licensee or registered manufacturer
shall review and return all renewal documentation to AFS with any necessary
changes clearly marked on the forms. The licensee or registered manufacturer
shall submit any applicable fees with the renewal documentation.
(4) Failure to meet the renewal deadline set
forth in this section shall result in expiration of the license or manufacturer
registration.
(5) If a person's
license or manufacturer registration expires, that person shall immediately
cease performance of any LNG activities authorized by the license or
registration.
(6) If a person's
license or manufacturer registration has been expired for 90 calendar days or
fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the
renewal fee in §
14.2013 of this title (relating to
License Categories, Container Manufacturer Registration, Fees, and Application
for Licenses, Manufacturer Registrations and Renewals).
(7) If a person's license or manufacturer
registration has been expired for more than 90 calendar days but less than one
year, the person shall submit a renewal fee that is equal to two times the
renewal fee.
(8) If a person's
license or manufacturer registration has been expired for one year or more,
that person shall not renew, but shall comply with the requirements for
issuance of an original license or manufacturer registration under this section
and §
14.2013 of this title.
(9) After verification that the licensee or
registered manufacturer has met all requirements for licensing or manufacturer
registration, AFS shall renew the license or registration and send the
applicable authorization to the licensee or manufacturer.
(l) Applicants for license or license renewal
in the following categories shall comply with these additional requirements:
(1) An applicant for a Category 20 or 50
license or renewal shall file with AFS a completed LNG Form 2505, certifying
that the applicant will follow the testing procedures indicated. LNG Form 2505
shall be signed by the appropriate LNG company representative designated on the
licensee's LNG Form 2001.
(2) An
applicant for Category 15, 20, or 50 license or renewal who tests tanks,
subframes LNG cargo tanks, or performs other activities requiring DOT
registration shall file with AFS a copy of any applicable current DOT
registrations. Such registration shall comply with Title 40, Code of Federal
Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F
(Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and
Repairers and Cargo Tank Motor Vehicle Assemblers).
(3) An applicant for Category 15 or 50
license or renewal who repairs or tests ASME containers shall file with AFS a
copy of its current ASME Code, Section VIII certificate of authorization or "R"
certificate. If ASME is unable to issue a renewed certificate of authorization
prior to the expiration date, the manufacturer may request in writing an
extension of time not to exceed 60 calendar days past the expiration date. The
request for extension shall be received by AFS prior to the expiration date of
the ASME certificate of authorization referred to in this section, and shall
include a letter or statement from ASME that the agency is unable to issue the
renewal certificate of authorization prior to expiration and that a temporary
extension will be granted for its purposes. A registered manufacturer shall not
continue to operate after the expiration date of an ASME certificate of
authorization until the manufacturer files a current ASME certificate of
authorization with AFS or AFS grants a temporary exception.
(m) Repair to a US DOT cylinder or
cargo tank is defined in 49
CFR §§
180.203,
180.403 and
180.413. Changes made to or
maintenance of a cylinder or cargo tank excluded from the definition of repair
in 49 CFR §§
180.203,
180.403 and
180.413 do not require a
license.