{"operation":"document","citation":"CHI-14-002","title":"Bullfrog Fire & Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-10-16","effective_on":null,"summary":"CHI-14-002 response to Bullfrog Fire & Safety concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-14-002.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Avenue, S.E.\nof Transportation\nZone E26 (PHC-10)\nWashington, D.C. 20590-0001\nPipeline and Hazardous\nPhone: (202) 366-4400\nMaterials Safety Administration\nOffice of\nFax: (202) 366-7041\nChief Counsel\nHazardous Materials Safety\nLaw Division\nOctober 16, 2014\nMs. Kristie Rink\nBulldog Fire & Safety\nP.O. Box 2492\nLoganville, GA 30052\nDear Ms. Rink:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) is in receipt of your\nAugust 12, 2014 letter regarding Florida State requirements and requalification approvals issued\nby PHMSA.\nAs delegated by the Secretary of Transportation, PHMSA has the authority to prescribe\nregulations for the safe transportation of hazardous materials in commerce, including, inter alia,\nthe maintenance, repair, and testing of packagings used to transport hazardous materials in\ncommerce. See 49 U.S.C. § 5107; 49 C.F.R. § 1.97. Under this authority, PHMSA may issue an\napproval called a Requalifier Identification Number (RIN) authorizing a person or entity to\nrequalify DOT-specification cylinders in accordance with the Hazardous Materials Regulations\n(HMR; 49 C.F.R. Parts 171-180). See 49 C.F.R. §§ 107.705, 107.805, 180.205.\nIn order to qualify for a RIN approval, an applicant must be fit to conduct the approved activity\n(e.g., operable hydrostatic retest equipment, trained personnel). 49 C.F.R. § 107.709. In order\nfor PHMSA to consider and/or grant an application for a RIN approval, we must be able to\nevaluate the applicant's fitness, by reviewing its requalification facilities, equipment, practices,\nand personnel. If a RIN approval is not needed, such as when an approval-holder is not\nperforming requalification activities, PHMSA may terminate a RIN approval. 49 C.F.R.\n§ 107.713. For these reasons, PHMSA does not consider and/or grant RIN approvals to entities\nthat do not perform requalification activities.\n\n<<<PAGE 2>>>\n\nFurthermore, PHMSA may only exercise its authority over entities that are subject to our\njurisdiction. In general, PHMSA has jurisdiction over entities that perform activities that are\nsubject to the HMR. This includes entities that perform requalification activities or otherwise\naffect the transportation of hazardous materials in commerce. As such, PHMSA may grant RIN\napprovals to entities that will operate as requalifiers, but cannot grant RIN approvals to entities\nthat do not perform these activities. See generally, 49 C.F.R. §§ 107.805, 180.205.\nYour letter indicates that Bulldog Fire & Safety requires a RIN approval in order to obtain a\ndealer's license under Fla. Admin. Code Ann. r. 69A-21.201(12) and that your company \"does\nnot perform any hydrostatic testing on any cylinders\" and \"do[es] not have a facility to be\ninspected by the Department of Transportation.\" Since your company will not perform\nrequalification activities and is not equipped to do so, PHMSA cannot issue Bulldog Fire &\nSafety a RIN approval.\nYou may wish to apply to PHMSA for a preemption determination, pursuant to 49 U.S.C. § 5125\nand 49 C.F.R. Part 107, Subpart C. Under certain conditions, a state requirement may be\npreempted, or superseded by, a federal requirement. The standards for preemption and the\nrequirements for filing a request for determination are outlined in 49 C.F.R. §§ 107.202, 107.203,\nand 107.205. Generally, any person who is directly affected by a requirement of a state may\napply to PHMSA's Chief Counsel for a determination by providing the following:\n1) The text of the state requirements;\n2) The relevant federal requirements;\n3) An explanation of why the state requirements should be preempted under the standards\noutlined in 49 C.F.R. § 107.202;\n4) An explanation of how you are affected by the state requirements; and\nA certification that you have mailed a copy of your application for a determination to the\nstate and the name and address to which you directed that notice.\nIf you have any further questions, please do not hesitate to contact this office.\nSincerely.\nfor tong\nSenior Assistant Chief Counsel\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n2","truncated":false,"body_characters":4101}