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Interpretation Response #CHI-14-002 ([Bullfrog Fire & Safety] [Kristie Rink])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Bullfrog Fire & Safety

Individual Name: Kristie Rink

Location State: GA Country: US

View the Interpretation Document

Response text:

October 16, 2010

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.

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

5) 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.



Joseph Solomey
Assistance Chief Counsel for
Hazardous Materials Safety



Regulation Sections

Section Subject
107.202 Standards for determining preemption
107.203 Application
107.205 Notice
107.709 Processing of an application for approval, including an application for renewal or modification
107.713 Approval modification, suspension or termination