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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 14REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)
SUBCHAPTER AGENERAL APPLICABILITY AND REQUIREMENTS
RULE §14.2016Licensing Requirements

(a) Applicants for a license or license renewal shall file with LP-Gas Operations LNG Form 2001 designating a company representative who shall be an owner or employee of the licensee, and shall be directly responsible for actively supervising LNG operations of the licensee. A licensee may have more than one company representative.

  (1) An applicant for license shall not engage in LNG activities until its company representative has successfully completed the management examination administered by AFRED.

  (2) The licensee shall notify LP-Gas Operations in writing upon termination of its company representative and shall at the same time designate a replacement by submitting a new LNG Form 2001.

  (3) The licensee shall cease LNG activities if, at the termination of its company representative, there is no other qualified company representative of the licensee acknowledged and recorded by LP-Gas Operations. The licensee shall not resume operation until such time as it has a qualified company representative, unless it has been granted an extension of time in which to comply as specified in §14.2052 of this title (relating to Application for an Exception to a Safety Rule).

(b) Licenses 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.

(c) Persons engaged in LNG activities, including licensees and non-licensees, shall maintain a copy of the current version of the rules in this chapter adopted by the Commission and shall provide at least one copy to each company representative and operations supervisor. The copies shall be available to employees during business hours.

(d) Licensees and operations supervisors at each outlet shall have all current licenses and certificates available for inspection during regular business hours.

(e) In addition to complying with other licensing requirements set out in the Texas Natural Resources Code and the rules in this chapter, applicants for license or license renewal in the following categories shall comply with the specified additional requirements:

  (1) A Category 15 licensee shall file with LP-Gas Operations for each of its outlets legible copies of:

    (A) its current DOT authorization. A licensee may not continue to operate after the expiration date of the DOT authorization; and

    (B) its current ASME Code, Section VIII certificate of authorization. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the licensee may request in writing an extension of time from LP-Gas Operations not to exceed 60 calendar days past the expiration date. The licensee's request for extension shall be received by LP-Gas Operations prior to the expiration date of the ASME certificate of authorization and shall include a letter or statement from ASME that ASME is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A licensee shall not continue to operate after the expiration date of an ASME certificate of authorization until the licensee files a current ASME certificate of authorization with LP-Gas Operations, or LP-Gas Operations grants a temporary extension.

  (2) A Category 15 or 20 licensee making repairs on ASME containers shall file with LP-Gas Operations a legible copy of its current "U" certificate of authorization for the repair of ASME containers by the National Board of Boiler and Pressure Vessel Inspectors.

  (3) A Category 15, 20, or 50 licensee shall file a properly completed LNG Form 2505 with LP-Gas Operations, certifying that the applicant will follow the testing procedures indicated. The LNG Form 2505 shall be signed by the company representative designated on LNG Form 2001.

(f) For license renewals, LP-Gas Operations shall notify the licensee in writing at the address on file with LP-Gas Operations of the impending license expiration at least 30 calendar days prior to the expiration date. Renewals shall be submitted to LP-Gas Operations along with the license renewal fee specified in §14.2013 of this title (relating to Licenses and Related Fees) on or before the last day of the month in which the license expires renewal date in order for the licensee to continue LNG activities. Failure to meet the renewal deadline shall result in expiration of the license. If a person's license expires, that person shall immediately cease performance of any LNG activities authorized by that license.

  (1) If a person's license 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 required in §14.2013 of this title. Upon receipt of the renewal fee, LP-Gas Operations shall verify that the person's license has not been suspended, revoked, or expired for more than one year. After verification, if the licensee has met all other requirements for licensing, LP-Gas Operations shall renew the license, and the person may resume LNG activities authorized by the license.

  (2) If a person's license 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 required in §14.2013 of this title. Upon receipt of the renewal fee, LP-Gas Operations shall verify that the person's license has not been suspended, revoked, or expired for more than one year. After verification, if the person has met all other requirements for licensing, LP-Gas Operations shall renew the license, and the person may resume LNG activities authorized by the license.

  (3) If a person's license has been expired for one year or longer, that person may not renew, but shall comply with the requirements for issuance of an original license.

  (4) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application, may obtain a new license without reexamination. The person shall pay to LP-Gas Operations a fee that is equal to two times the renewal fee required by §14.2013 of this title.

    (A) As a prerequisite to licensing pursuant to this provision, the person shall submit, in addition to an application for licensing, proof of having been in practice and licensed in good standing in another state continuously for the two years immediately preceding the filing of the application;

    (B) A person licensed under this provision shall be required to comply with all requirements of licensing other than the examination requirement, including but not limited to the insurance requirements as specified in §14.2031 of this title (relating to Insurance Requirements).


Source Note: The provisions of this §14.2016 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921

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