# Bullfrog Fire & Safety — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** CHI-14-002 response to Bullfrog Fire & Safety concerning 180.205.
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- **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>>>

U.S. Department
1200 New Jersey Avenue, S.E.
of Transportation
Zone E26 (PHC-10)
Washington, D.C. 20590-0001
Pipeline and Hazardous
Phone: (202) 366-4400
Materials Safety Administration
Office of
Fax: (202) 366-7041
Chief Counsel
Hazardous Materials Safety
Law Division
October 16, 2014
Ms. Kristie Rink
Bulldog Fire & Safety
P.O. Box 2492
Loganville, GA 30052
Dear Ms. Rink:
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is in receipt of your
August 12, 2014 letter regarding Florida State requirements and requalification approvals issued
by PHMSA.
As delegated by the Secretary of Transportation, PHMSA has the authority to prescribe
regulations for the safe transportation of hazardous materials in commerce, including, inter alia,
the maintenance, repair, and testing of packagings used to transport hazardous materials in
commerce. See 49 U.S.C. § 5107; 49 C.F.R. § 1.97. Under this authority, PHMSA may issue an
approval called a Requalifier Identification Number (RIN) authorizing a person or entity to
requalify DOT-specification cylinders in accordance with the Hazardous Materials Regulations
(HMR; 49 C.F.R. Parts 171-180). See 49 C.F.R. §§ 107.705, 107.805, 180.205.
In order to qualify for a RIN approval, an applicant must be fit to conduct the approved activity
(e.g., operable hydrostatic retest equipment, trained personnel). 49 C.F.R. § 107.709. In order
for PHMSA to consider and/or grant an application for a RIN approval, we must be able to
evaluate the applicant's fitness, by reviewing its requalification facilities, equipment, practices,
and personnel. If a RIN approval is not needed, such as when an approval-holder is not
performing requalification activities, PHMSA may terminate a RIN approval. 49 C.F.R.
§ 107.713. For these reasons, PHMSA does not consider and/or grant RIN approvals to entities
that do not perform requalification activities.

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Furthermore, PHMSA may only exercise its authority over entities that are subject to our
jurisdiction. In general, PHMSA has jurisdiction over entities that perform activities that are
subject to the HMR. This includes entities that perform requalification activities or otherwise
affect the transportation of hazardous materials in commerce. As such, PHMSA may grant RIN
approvals to entities that will operate as requalifiers, but cannot grant RIN approvals to entities
that do not perform these activities. See generally, 49 C.F.R. §§ 107.805, 180.205.
Your letter indicates that Bulldog Fire & Safety requires a RIN approval in order to obtain a
dealer's license under Fla. Admin. Code Ann. r. 69A-21.201(12) and that your company "does
not perform any hydrostatic testing on any cylinders" and "do[es] not have a facility to be
inspected by the Department of Transportation." Since your company will not perform
requalification activities and is not equipped to do so, PHMSA cannot issue Bulldog Fire &
Safety a RIN approval.
You may wish to apply to PHMSA for a preemption determination, pursuant to 49 U.S.C. § 5125
and 49 C.F.R. Part 107, Subpart C. Under certain conditions, a state requirement may be
preempted, or superseded by, a federal requirement. The standards for preemption and the
requirements for filing a request for determination are outlined in 49 C.F.R. §§ 107.202, 107.203,
and 107.205. Generally, any person who is directly affected by a requirement of a state may
apply to PHMSA's Chief Counsel for a determination by providing the following:
1) The text of the state requirements;
2) The relevant federal requirements;
3) An explanation of why the state requirements should be preempted under the standards
outlined in 49 C.F.R. § 107.202;
4) An explanation of how you are affected by the state requirements; and
A certification that you have mailed a copy of your application for a determination to the
state and the name and address to which you directed that notice.
If you have any further questions, please do not hesitate to contact this office.
Sincerely.
for tong
Senior Assistant Chief Counsel
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
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