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Notice of Suspension Letter
May 2, 2007

NOTICE OF SUSPENSION AND INTENT TO TERMINATE REQUALIFICATION IDENTIFICATION NUMBER
U.S. Department of Transportation
Pipeline and Hazardous
Materials Safety Administration
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590

 

NOTICE OF SUSPENSION AND INTENT TO TERMINATE REQUALIFICATION IDENTIFICATION NUMBER

Date Issued: May 2, 2007

Issued to: Frosenberg Holdings, LLC
d/b/a Accurate Fire Protection Systems
733 Mount Avenue
West Babylon, NY 11704
Attention: Martin Rankin

Dear Mr. Rankin or Designated Representative:

This letter informs you that your approval to perform as a cylinder requalification facility is hereby SUSPENDED, effective immediately upon service of this Notice of Suspension. On March 14, 2006, your facility was granted approval by the Office of Hazardous Materials Special Permits and Approvals to perform functions as a cylinder requalification facility and granted authority to use Requalification Identification Number (RlN) G925. On or about March 23,2007, an Investigator with the Eastern Region received a complaint from the Assistant Chief Fire Marshal for Suffolk County alleging, in part, that your facility, during an inspection performed by the Suffolk County Fire Marshal, was improperly certifying cylinders as having passed requalification testing when the testing equipment and associated devices were not functioning properly.

Based in part on the allegations contained in the aforementioned complaint, an Investigator from the Eastern Region attempted to lawfully enter your facility to conduct an unannounced compliance inspection and investigation on April 25, 2007, and April 26, 2007. On both days, however, you or your representative(s) prevented the Investigator from entering your facility even after the Investigator identified himself, displayed proper credentials and the PHMSA Office of Chief Counsel intervened and provided you or your office with the legal basis for entry. In accordance with 49 C.F.R. § 107.713(d), since the integrity of your testing equipment, calibration practices and procedures and the accuracy or your testing records cannot be ascertained, I find that IIAY - 2 1lXJ1 your repeated unwillingness to permit lawful inspection and investigation of your facility, equipment and testing procedures and the improper certification of cylinders as discovered by the Suffolk County Fire Marshal poses a risk of significant harm to persons or property and mandates that your approval be SUSPENDED immediately. Further, you are hereby placed on notice that under the provisions of § 107.713(b)(4) I intend to permanently terminate your approval unless circumstances or facts are presented that warrant otherwise.

What actions are required under this Notice? You must immediately surrender any plates or other marking or stamping devices bearing the RIN G925 to my Eastern Region investigations staff, Office Of Hazardous Materials Enforcement, Eastern Region, 820 Bear Tavern Road, Suite 306, West Trenton, New Jersey 08628. Additionally, you must surrender any plates or other markings or stamping devices bearing the former RIN D662. Further, you must immediately cease marking any cylinders with RIN G925 or RIN D662 as having been successfully requalified by your facility.

How do I respond to this Notice? Although this SUSPENSION is effective immediately upon service by a PHMSA representative, you may, in accordance with the provisions of § 107.713(c)(I), file a written response to this Notice of Suspension and Intent to Terminate a Requalification Identification Number.

When is my response due? You must respond within thirty (30) days from the date of service of this Notice. Your response must be in writing and must be addressed to:

Associate Administrator for Hazardous Materials Safety
Office of Hazardous Materials Special Permits and Approvals
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue, S.E.
East Building E21-304 (PHH-30)
Washington, DC 20590

What happens if I fail to respond? You waive your right to be further heard on this matter and the Associate Administrator will make a permanent finding based on the current facts and circumstances surrounding this Notice.

Theodore L. Wilke
Acting Associate Administrator
for Hazardous Materials Safety


VIA PERSONAL SERVICE

CERTIFICATE OF PERSONAL SERVICE

 

I,________________________________________________, an Investigator for the

United States Department of Transportation, Pipeline and Hazardous

Materials Safety Administration(PHMSA), do declare and say under the

provisions of 28 U.S.C. § 1746, that:

I personally served by hand delivery a NOTICE OF SUSPENSION dated

May ____, 2007, upon Frosenberg Holdings, LLC d/b/a Accurate Fire Protection

Systems located at __________________________________________________

                           __________________________________________________

by personal service/hand delivery to

__________________________________________________________________________

I declare under penalty ofpetjury under the law ofthe United States of America

that the foregoing is true and correct. Executed on this the______day of

May, 2007.

________________________________
(Signature)

 

NOTE: Upon Service return completedform to the Investigative file and send one copy to the Office of Chief Counsel.

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