| (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, §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 §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 §14.2031
of this title (relating to Insurance Requirements);
(E) a copy of current certificate of account status
if required by §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 §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 §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 §14.2031 of this title;
(B) a copy of current certificate of account status
if required by §14.2028 of this title;
(C) copies of the assumed name certificates if required
by §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.
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