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 CNG Form 1001M, 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 CNG Form 1001M.
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 CNG containers in Texas.
(n) Applications for license or registration must include
a 24-hour emergency telephone number.
(o) 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 the licensee or manufacturer, as applicable.
(p) 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
CNG Forms 1001, 1001A, and 1007, 1007A, or CNG Form 1001M 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 CNG
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 subsection
(a) of this section.
(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 longer, that person shall not renew
but shall comply with the requirements for issuance of an original
license or manufacturer registration under subsections (k) or (m)
of this section.
(9) After verification that the license 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.
(q) Applicants for license or license renewal in the
following categories shall comply with these additional requirements.
(1) An applicant for a Category 4 license or renewal
shall file with AFS a completed CNG Form 1505, certifying that the
applicant will follow the testing procedures indicated. CNG Form 1505
shall be signed by the appropriate CNG company representative designated
on CNG Form 1001.
(2) An applicant for Category 1, 1B, or 4 license or
renewal who tests tanks, subframes CNG 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 49, 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 1, 1A, or 4 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.
(r) 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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Source Note: The provisions of this §13.61 adopted to be effective June 13, 1995, 20 TexReg 3984; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective January 4, 2016, 41 TexReg 239; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507 |