Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 9.
LP-GAS SAFETY RULES
The Railroad Commission of Texas proposes amendments, repeals, and
new sections in 16 TAC Chapter 9, relating to LP-Gas Safety Rules. Specifically,
the Commission proposes in Subchapter A, relating to General Requirements,
amendments to §§9.1 - 9.3, 9.6 - 9.13, 9.16 - 9.18, 9.21, 9.22,
9.26 - 9.28, relating to Application of Rules, Severability, and Retroactivity;
Definitions; LP-Gas Report Forms; Licenses and Fees; Application for License
and License Renewal Requirements; Application for a New Certificate; Requirements
for Certificate Renewal; Rules Examination; Previously Certified Individuals;
Trainees; General Installers and Repairman Exemption; Hearings for Denial,
Suspension, or Revocation of Licenses or Certificates; Designation and Responsibilities
of Company Representatives and Operations Supervisors; Reciprocal Examination
Agreements with Other States; Franchise Tax Certification and Assumed Name
Certificates; Changes in Ownership, Form of Dealership, or Name of Dealership;
Insurance and Self-Insurance Requirements; Application for an Exception to
a Safety Rule; Reasonable Safety Provisions; the repeal of §9.33, relating
to LP-Gas Welding Advisory Committee; new §9.35, relating to Written
Procedure for LP-Gas Leaks; amendments to §§9.36 - 9.38, 9.41, 9.51,
9.52, relating to Report of LP-Gas Incident/Accident; Termination of LP-Gas
Service; Reporting Unsafe LP-Gas Activities; Testing of LP-Gas Systems in
School Facilities; General Requirements for Training and Continuing Education;
and Training and Continuing Education Courses; the repeal of §9.53, relating
to Continuing Education Credit for Previous Courses; and amendments to §9.54,
relating to Commission-Approved Outside Instructors.
In Subchapter B, relating to Stationary Installations and Container Requirements,
the Commission proposes amendments to §§9.101 - 9.103, 9.107, 9.109,
9.110, 9.113, relating to Filings Required for Stationary LP-Gas Installations;
Notice of Stationary LP-Gas Installations; Objections to Proposed Stationary
LP-Gas Installations; Hearings on Stationary LP-Gas Installations; Physical
Inspection of Stationary LP-Gas Installations; Emergency Use of Proposed Stationary
LP-Gas Installations; Maintenance; the repeal of §9.114, relating to
Odorizing and Reports; amendments to §§9.115, 9.126, 9.129, 9.130,
9.132, 9.134, 9.140, 9.143, relating to Examination and Testing of Containers;
Appurtenances and Equipment; Manufacturer's Nameplate and Markings on ASME
Containers; Commission Identification Nameplates; Sales to Unlicensed Individuals;
Connecting Container to Piping; Uniform Protection Standards; Uniform Safety
Standards; LP-Gas Container Storage and Installation Requirements; and Bulkhead,
Internal Valve, and ESV Protection for Stationary LP-Gas Installations with
Individuals or Aggregate Water Capacities of 4,001 Gallons or More.
In Subchapter C, relating to Vehicles and Vehicle Dispensers, the Commission
proposes amendments to §§9.201 - 9.203, relating to Applicability;
Registration and Transfer of LP-Gas Transports or Container Delivery Units;
School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle
Installations and Inspections; new §9.204, relating to Maintenance of
Vehicles; the repeal of §9.207, relating to Requirements for Movable
Fuel Storage Tenders Such as Farm Carts; and amendments to §9.208, and §9.211,
relating to Testing Requirements; and Markings.
In Subchapter D, relating to Adoption by Reference of NFPA 54 (National
Fuel Gas Code), the Commission proposes amendments to §§9.303, 9.308,
and 9.312, relating to Exclusion of NFPA 54, §6.31; Identification of
Piping Installation; and Certification Requirements for Joining Methods.
In Subchapter E, relating to Adoption by Reference of NFPA 58 (LP-Gas Code),
the Commission proposes amendments to §9.403, relating to Sections in
NFPA 58 Not Adopted by Reference, and Adopted with Changes, Additional Requirements,
or Corrections.
The Commission also proposes the repeal of Subchapter F, relating to Adoption
by Reference of NFPA 51 (Standard for the Design and Installation of Oxygen
Fuel-Gas Systems for Welding, Cutting, and Allied Processes), including §§9.501
- 9.503, and 9.506 - 9.508, relating to Adoption by Reference of NFPA 51;
Clarification and/or Exclusion of Definitions in NFPA 51; Exclusion of Certain
Sections and Chapters 6, 7, and 8 in NFPA 51; Sections in NFPA 51 Adopted
with Additional or Alternative Language; Container Installation Requirements;
and LP-Gas Pressure Going into a Building.
The Commission proposes these amendments, repeals, and new rules to update
some training and continuing education requirements, to clarify changes in
Commission offices or procedures as a result of a reorganization of LP-gas
activities among the AFRED, Gas Services, and Safety Divisions, to repeal
some unnecessary rules, and to make other substantive and non-substantive
amendments. The Commission proposes an effective date of September 1, 2005,
for these amendments, new rules, and repeals.
Proposed Nonsubstantive Amendments
Proposed amendments to certain sections are nonsubstantive and are proposed
for clarification. Section 9.1(a)(6) is proposed to be deleted because it
refers to Subchapter F regarding NFPA 51; the rules in Subchapter F are proposed
for repeal (as discussed later in the preamble). Section 9.1(g) corrects references
to NFPA 58.
The proposed amendments in §9.3(13) delete a form that is no longer
used and the remaining paragraphs are renumbered.
In §9.9, specific references to AFRED are added; fees are stated to
be nonrefundable; and subsection (c)(1) includes new wording stating that
if a person's certification expires, that person shall immediately cease performance
of any LP-gas activities authorized by the certification. This wording is
currently found in §9.7(f) regarding expiration of licenses, and is added
in §9.9 to apply to certifications.
Proposed amendments in §9.12(a)(2) add a reference to AFRED and delete
the reference to the rules examination fee being on file; that wording is
unnecessary because of the options available for exam locations and payments.
In §9.16, several references to the License and Permit Section of
the Gas Services Division are added, and two internal procedures are clarified.
Proposed amendments in §§9.18, 9.21, 9.22, 9.26, 9.27, 9.28,
9.37, 9.38, and 9.102 add references to the Gas Services Division, the License
and Permit Section of the Gas Services Division, or the Safety Division, as
appropriate. The proposed amendments to §9.103 add a reference to the
Safety Division and corrects one internal reference to another rule. Proposed
amendments in §§9.107, 9.109, 9.110, 9.115, 9.129, 9.141, 9.203,
9.211, add references to the Safety Division. The amendment in §9.303
corrects the title in a reference to 16 TAC Chapter 13, and §9.312 adds
a reference to the Safety Division.
Clarifying and Substantive Amendments
Some sections include more substantive proposed amendments, but the Commission
does not consider them to be controversial.
The proposed amendments in §9.6, in conjunction with amendments to §9.13,
add references to the License and Permit Section, and in subsection (c)(4)
add wording regarding a new registration program with the Texas State Board
of Plumbing Examiners and the Texas Department of Licensing and Regulation.
The new wording states that master or journeyman plumbers, or Class A or B
Air Conditioning and Refrigeration Contractors, as licensed respectively by
these two agencies, may register with the Section as stated more fully in §9.13.
The registration fee is $50 and the renewal fee is $20 as proposed.
Proposed changes in §9.7 add references to the License and Permit
Section, and new wording requiring a 24-hour emergency response telephone
number to be included on LPG Form 1; other proposed amendments clarify that
certain fees are nonrefundable.
Proposed amendments in §9.8 specify AFRED as the Commission office
to receive the LPG Form 16 and clarify that fees are nonrefundable.
In §9.11, references to AFRED are proposed to be added, as is a 10-calendar
day period for a licensee to notify AFRED when a previously certified individual
is hired; the current rule states this notification shall take place "immediately,"
which is not defined.
Section 9.13 includes proposed wording for the new registration program
with the Texas State Board of Plumbing Examiners and the Texas Department
of Licensing and Regulation. The proposed new wording states that master or
journeyman plumbers, or Class A or B Air Conditioning and Refrigeration Contractors,
as licensed respectively by these two agencies, may register with the Commission.
This program was jointly agreed upon by the Commission and these two agencies
as a way to recognize the skills and training of the individuals who perform
LP-gas activities, as authorized by the three agencies. Registration with
the Commission is an easier and cheaper way for these skilled workers to be
recognized by the Commission as performing authorized LP-gas activities without
the expense and time required to obtain a Category D license or renewal.
Proposed changes to §9.36 add references to the Safety Division, amend
subsection (a)(4) to ensure that damage has not occurred in an incident or
accident involving an LP-gas vehicle, and add new subsection (a)(7) requiring
the reporting to the Safety Division of any event involving LP-gas which is
required to be reported to any other state or federal agency.
In §9.101(a), proposed changes include a new sentence stating that
LP-gas systems under the jurisdiction of DOT safety regulations in 49 CFR
Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title (relating
to Pipeline Safety Regulations) prior to implementation of service. In proposed
changes to subsection (b)(1), the 10-day period is changed to 30 days for
submission of LPG Form 501 and a reference is added to the Gas Services Division.
In subsection (b)(2), the resubmission charge is proposed to be changed from
$20 to $35; because additional time is being given, a higher resubmission
fee is warranted. Wording in subsection (g) is proposed to be deleted and
moved to new subsection (c)(6) in order to properly place this requirement
under the installations with aggregate water capacities of 10,000 gallons
or more.
Section 9.114 is proposed for repeal because the odorization reports described
in this rule are no longer necessary.
Section 9.126(a)(3) is proposed to be amended to require all appurtenances
and equipment placed into LP-gas service to be used and in compliance with
any NFPA standard adopted by the Commission. In subsection (c), references
to the Safety Division are proposed to be added. Subsection (d) is proposed
to be deleted as unnecessary.
In §9.130, the proposed changes include references to the Safety Division
added throughout. In subsection (a)(2)(B), the Commission proposes to specify
a $60 fee plus mileage and rate from Austin as set by the official state travel
mileage chart for a replacement nameplate; and in subsection (a)(2)(C), to
delete a reference to hourly research fees.
Proposed amendments in §9.140 add references to the Safety Division,
and in subsection (d)(4) change the word "required" to "permitted" to make
this situation permissive. The proposed changes in the table in subsection
(g) include one change in row 7, where the words "or storage" are added to
the situation where lettering is required for cylinder exchange or storage
racks. Proposed new subsection (g)(5) addresses signs for underground containers.
In subsection (h)(3)(C), the six-inch-high cement parking wheelstop is proposed
to be changed to a four-inch height requirement, and proposed new wording
adds that it must be at least 12 inches from the curb; in subsection (h)(3)(E),
the 48-inch requirement is proposed to be increased to 60 inches.
Proposed amendments in §9.142 correct references to some sections
in NFPA 58.
Section 9.207 is proposed to be repealed because the situation is covered
in NFPA 58.
Proposed amendments in §9.208 add references to the License and Permit
Section, clarify a specific references to 49 CFR 180.407, and add a reference
to 9 CFR Parts 100-185.
Sections 9.501 - 9.503, and §§9.506-9.508 (all of Subchapter
F) are proposed to be repealed; these rules concern the adoption by reference
of NFPA 51 relating to welding applications. Since the adoption by reference
of NFPA 51, the Commission has adopted NFPA 58, which encompasses NFPA 51;
therefore, the rules in this subchapter are no longer necessary.
Proposed Substantive and Possibly Controversial
Changes
Section 9.2 includes two proposed new definitions in paragraphs (6) and
(50) for "bobtail driver" and "transport driver." The proposed definitions
will help differentiate between these types of vehicles, and will assist applicants
and certificate holders to know which type of training or continuing education
courses they need to complete. The definition of "assistant director" in current
paragraph (6) is proposed to be deleted; following the Commission's recent
reorganization, this definition is no longer needed. Paragraph (3) contains
proposed nonsubstantive corrections to the definition of "AFT materials";
amendments to paragraphs (9) and (21) are proposed for clarification; paragraph
(27) proposes a definition for "MPS gas"; the definition is substantively
the same as the definition for "MPS gas" currently in §9.502, which is
proposed for repeal. The definition for "operations supervisor" (renumbered
to be paragraph (30)) as proposed adds the wording "and is authorized by the
licensee to implement operational changes." The Commission proposes to add
this wording to make clear that an operations supervisor must have the authority
over the day-to-day LP-gas activities being supervised without having to obtain
the licensee's approval. In the definition of "outlet" (renumbered to be paragraph
(31)) the proposed changes attempt to address a situation which has caused
confusion in the past over whether an outlet "materially duplicates" the originally-licensed
location. The proposed changes will result in more locations being considered
outlets; however, the Commission has proposed amendments to §9.17(a)(3)
to allow an operations supervisor to supervise multiple outlets in certain
situations; the amendments to §9.17 will be discussed in more detail
in subsequent paragraphs of the preamble. Other proposed amendments in §9.2
correct references to Commission offices or renumber existing definitions.
Several amendments are proposed in §9.10, Rules Examination. In subsection
(a), the Commission proposes that examinations will no longer be offered at
the Commission's headquarters building, but rather at the AFRED Training Center,
6506 Bolm Road, Austin, Texas. This location has available free parking, which
will assist applicants in arriving on time for exams. The hours that exams
will be offered are proposed to be changed slightly to end at 12:00 noon;
a Commission employee must be present during examinations, so the noon deadline
will allow sufficient time for exam takers to complete the exams and allow
Commission staff to perform other required job duties. AFRED recommends that
individuals take exams on Tuesdays and Thursdays, which are more efficient
for Commission staff. New subsection (a)(1) clarifies when and where exams
will be given. Current subsection (a)(1) is proposed to be deleted because
it refers to admittance letters, which will no longer be needed. Proposed
amendments in subsection (a)(2) add Categories F, G, and J to Categories E
and I as those which are required to complete management-level examinations;
new wording clarifies that the E, F, G, I, and J exams are given only in conjunction
with those courses, and other exams are given at the AFRED Training Center
and other locations statewide. Proposed new subsection (a)(3) requires applicants
in categories that require a course of instruction to complete both the course
and the required exam before a certification card will be issued. Proposed
new subsection (a)(4) allows applicants two years to complete a required course
of instruction after passing the management-level rules exam; after two years,
the applicant shall reapply as a new applicant. In subsection (a)(5) (renumbered
from (a)(3)), proposed amendments clarify that the fees are nonrefundable,
add Categories F, G, and J, and correct an internal rule reference.
The Commission proposes several changes in the table in subsection (b).
In the first row, the "delivery truck exam" is proposed to be changed to "bobtail"
exam to correspond with the new definition in §9.2 for "bobtail driver."
The proposed wording also includes the specific activities covered by this
course. Current row 6 refers to manufactured housing technician exam and is
proposed to be deleted because there is only one individual currently certified
in this category, and other examinations are available to cover this little-used
category. In the row for "service and installation exam," the Commission proposes
to delete the word "entire," which is misleading, and add references to "plus
containers and appliances," which is more accurate. In the row for "appliance
service and installation exam," Category N is proposed to be added to the
list of categories for which this course applies.
In subsection (c), it is proposed that AFRED will notify individuals of
scores within 15 days, instead of 30 days. In subsection (d), the Commission
proposes that individuals who fail an exam no longer have to request an analysis
in writing. Proposed new subsection (c)(3) is added to require individuals
to carry their certification cards with them as proof of certification if
a Commission employee requests it. Subsection (d)(2) is proposed to be deleted
because it refers to admittance letters, which will no longer be used.
In §9.17(a)(1), the Commission proposes to add a reference to the
License and Permit Section. In subsection (a)(3), proposed new wording is
added in conjunction with the changes to the definition of "outlet" in §9.2
to allow an individual to be operations supervisor "at more than one outlet
provided each outlet has a designated LP-gas certified employee who is responsible
for the activities at that outlet." This change is proposed for safety reasons:
if a Commission inspector finds a safety violation at an outlet, the inspector
must be able to immediately locate that certified employee to take the outlet
out of service, make repairs, or whatever other action may be necessary to
address the safety situation. In subsection (g), Categories F, G, and J are
proposed to be added to Categories E and I as those which may receive work
experience substitution in certain instances.
Section 9.33, also proposed for repeal, concerns the welding advisory committee,
which was formed before the Commission adopted NFPA 51 by reference, currently
in Subchapter F. This committee has since disbanded, as its purpose was completed.
New §9.35 is proposed to require licensees to have written safety
procedures in place and for their employees to know what these procedures
are. The proposed new rule states that each licensee shall maintain a written
procedure to be followed when any employee receives notification of a possible
leak. The licensee shall ensure that all employees are familiar with the procedure
and shall authorize employees to implement the procedure without management
oversight. The written procedure shall be available to emergency response
agencies as specified in NFPA 58, 3.10.2.1, and as stated in Table 1 of §9.403
of this title.
Proposed amendments in §9.41 clarify the use of pressure tests versus
leakage tests or other inspections. The terms "pressure test" and "leakage
test" are often used interchangeably; in fact, they are not the same. The
Commission requires a pressure test for schools, so clarifying wording is
proposed in subsection (b), in (b)(4), (e)(1), and (e)(2). References to the
Safety Division are proposed to be added in several places.
Proposed amendments in §9.51 add references to fees being nonrefundable,
add references to the License and Permit Section, add Category M to the list
of categories requiring training for management-level and certain employee-level
certificates, delete a reference to completing any AFT, add references to
AFRED, and add Category J as requiring the 16-hour training course.
Proposed amendments in §9.52 also add Category J and Category M as
requiring certain training, change the name of "delivery truck employee-level"
to "bobtail employee-level," and add recreational vehicle technician employee-level.
In subsection (a), proposed new wording addresses the only situation in which
a training deadline is extended; an individual cannot retake and pass an examination
in order to extend this deadline, but must complete the applicable training
class. In subsection (b)(1)(B), proposed new wording states that beginning
September 1, 2005, Category M and recreational vehicle technician certificate
holders have until May 31, 2006, to complete their initial continuing education
requirements. The Commission proposes to add to the list of current certificate
holders Category M and the recreational vehicle technician to those certificates
who, if the individual holds more than one certification as of February 1,
2001, (the original date of adoption of the continuing education requirements)
must complete their continuing education requirement by the deadline assigned
for the initial certificate.
The most extensive proposed changes for the training and continuing education
requirements are found in the four tables in subsection (g). The changes are
addressed narratively as follows.
In Table 1, a date of September 2005 is proposed to be added in the title
to show when this table will become effective. Current course 2.2/2.4 is proposed
to be changed to 2.2, and the course title corrected; other course titles
for 2.1, 2.3, 3.1, 3.2, 3.5, 3.11, 6.1, the 80-hour and 16-hour courses are
also proposed to be corrected. For courses 3.1, 3.2, 3.5, 3.7, 3.11, and the
16-hour course, an "x" is proposed to be added in the AFT column to indicate
those courses will include AFT. New rows are proposed to be added for new
courses 3.3 and 3.8, with an "x" added in the appropriate columns for the
categories to which these two new courses apply. A new column is proposed
to be added for Category M and an "x" added on the appropriate rows for the
courses which apply to this new category. Finally, in the row for course 6.1,
the current table shows an "x" only in the column for Category E; in the proposed
new table, this course may fulfill the requirements for all the categories.
In Table 2, the September 2005 date is proposed to be added to the title
of the table. The title of the "Delivery Truck/Service & Installation"
category is proposed to be changed to "Bobtail Service & Installation."
Current course 2.2/2.4 is proposed to be changed to 2.2, and the course title
corrected; other course titles for 2.1, 2.3, 3.1, 3.2, 3.5, 3.11, and the
80-hour and 16-hour courses are also proposed to be corrected. For courses
3.1, 3.2, 3.5, 3.7, 3.11, and the 16-hour course, an "x" is proposed to be
added in the AFT column to indicate these courses will include AFT. New rows
are proposed to be added for new courses 3.3 and 3.8, with an "x" added in
the appropriate columns for the categories to which these two new courses
apply. A new column is proposed to be added for RV technician, and an "x"
added on the appropriate rows for the courses which apply to this new category.
With the addition of some new courses, the current courses have proposed slight
revisions in who can take those courses to comply with the requirements for
their category; in particular, the "x" in the current table is proposed to
be deleted for courses 2.1 and 2.2 for "Bobtail" and "Bobtail Service &
Installation"; for course 2.3, for "Portable Cylinder Filling;" and for course
3.1, "Bobtail" and "Appliance Service & Installation." In the footnotes
on Table 2, the references to "delivery truck" are proposed to be changed
to "bobtail," and the specific activities covered by the "Bobtail Driver"
certification are proposed to be added.
On Table 3, the September 2005 date is proposed to be added to the title
of the table. The Category M column is proposed to be added. The AFT column
is proposed to be deleted because none of the CETP courses include AFT. Current
CETP courses 2, 3, and 4 are proposed to be split into several smaller courses,
shown on the Table as CETP 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.7, 4.1, and 4.2. The titles for courses 5 and 8 are proposed to be
corrected. Finally, on the row for CETP 8, the "x" in the column for Category
K is proposed to be deleted.
On Table 4, the September 2005 date is proposed to be added to the title
of the table. The RV Technician column is proposed to be added. The AFT column
is proposed to be deleted because none of the CETP courses include AFT. Current
CETP courses 2, 3, and 4 are proposed to be split into several smaller courses,
shown on the Table as CETP 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.7, 4.1, and 4.2. The titles for courses 5 and 8 are proposed to be
corrected. In the row for CETP 5, this course is proposed to no longer apply
to "Portable Cylinder Filling" or "Motor & Mobile Fuel," but to now apply
to "Bobtail," "Bobtail Service & Installation," and "Service & Installation."
The PERC GAS Check course is proposed to apply to "Bobtail." In the Note for
this table, it is proposed that CETP courses 2.4, 3, 3.6, and 3.7 are not
accepted by the Commission for continuing education credit. Finally, in footnotes
2 and 3, the references to "delivery truck" are proposed to be changed to
"bobtail," and the specific activities covered by the "Bobtail" certification
are proposed to be added.
The Commission notes that it has been informed that CETP is in the process
of also changing its courses 5, 6, 7, and 8, so other changes to this Table
may be necessary in a future rulemaking.
Section 9.53 is proposed to be repealed because it addresses situations
where individuals could have received continuing education credit for attendance
at previous courses that were held before the Commission's training and continuing
education program was adopted. The rule included a four-year window, which
has now passed; therefore, the rule is no longer necessary.
Section 9.54 includes mostly nonsubstantive proposed amendments including
adding references to AFRED and adding new subsection (a)(1)(C) to address
outside instructors for Category M courses.
Amendments in §9.113 proposed to add "gas utilization equipment, and
appliances" to the list of other items that must be maintained in "safe" working
order. If any of these items is not in safe wording order, the Safety Division
may require that the installation be removed from service until repairs are
made. This proposed amendment addresses situations where an appliance, for
example, may be working, but it is not working safely.
Amendments proposed in §9.132 prohibit a licensee from selling an
LP-gas container to an unlicensed individual for resale or installation without
determining that such container will be installed by a licensee authorized
to perform such installation. The Commission proposes to add that LP-gas shall
not be sold for resale to an unlicensed individual as well. The Commission
views the sale of LP-gas to an unlicensed individual for resale as more of
a safety risk than selling a perhaps empty LP-gas container. If an individual
is going to sell or resell LP-gas, that individual must be properly licensed
by the Commission.
New wording proposed in §9.134 states that a licensee may connect
to piping installed by an unlicensed person provided the licensee has performed
a pressure test, verified that the piping has been installed according to
the LP-Gas Safety Rules, properly tagged the installation, and filed a properly-completed
LPG Form 22 with the Safety Division. This is because the Commission must
be informed of LP-gas installations that may have been incorrectly or unsafely
installed, especially if the Commission would not otherwise be aware of such
installations; for example, members of a church may add on to the church building
and pipe it to use LP-gas.
In §9.143(a), some NFPA 58 references are proposed to be corrected.
An option to allow a back check valve where the flow is into the container
only or a back check valve in lieu of the ESV is proposed to be added. The
last sentence in subsection (a) before the wording for new paragraph (1) begins
is proposed to be deleted, along with the same sentence at the end of subsection
(b) before the deleted wording in subsection (b)(1) begins, and this wording
is proposed to be added with some clarifications as new subsection (i). In
subsection (a), new paragraphs (1) through (5) are proposed to be added; however,
for the most part, this wording is not new. It is currently found in subsection
(b), but the more accurate placement is under subsection (a). The only proposed
changes from the existing paragraphs (1) through (5) are in paragraph (2),
where the wording "and will activate the ESV at the bulkhead and the primary
discharge valves at the container or containers" is proposed to be added for
clarification, and in paragraph (5), where the phrase "interconnected and"
is proposed to be added referring to pneumatically-operated internal valves
and ESVs being interconnected and incorporated into at least one remote operating
system. Also in subsection (a)(1), the 24-inch requirement is changed to 36
inches to comply with NFPA 58. In subsection (b), the existing paragraphs
(1) through (5) are proposed to be deleted. In subsection (d)(4), some wording
is proposed to be added to address underground or mounded containers, which
are beginning to be used in Texas. In (d)(7)(C), proposed wording changes
would mean that the top crossmember of a vertical bulkhead is not required
to be 28 inches or less above ground level, but rather the height of it shall
not result in torsional stress on the vertical supports of the bulkhead in
the event of a pullaway. In subsection (e), the distance for the remote emergency
shutoff device that is currently between 20 and 100 feet from the ESV is proposed
to be changed, effective September 1, 2005, to a minimum of 25 feet to match
the requirement in NFPA 58; existing installations may remain at 20 feet.
Some proposed new wording in §9.201 addresses some potentially unsafe
situations involving transports. Proposed new subsection (a)(1) states that
the transfer of LP-gas from one transport to another shall be permitted only
through a hose with a nominal inside diameter of 1 1/4 inch or less and protected
by an off-truck remote control shutdown as required in 49 CFR. Proposed new
subsection (a)(2) states that an LP-gas transport shall not be joined to manifold
piping or to a stationary container for use as an auxiliary storage container
at any stationary installation except with prior approval from the Safety
Division. In subsection (c), a proposed amendment corrects the wording of
49 CFR §177.834(j).
In §9.202, references to the License and Permit Section are proposed
to be added. In subsection (c)(5), proposed new subparagraphs (B) and (C)
are added to state that the Section shall not issue an LPG Form 4 if the Section
does not have an inspection record of the transport or cylinder delivery unit
by a Commission representative within four years of its initial registration
on or after January 1, 2006, or the Section has not inspected the transport
or cylinder delivery unit at least once within a four-year cycle thereafter.
This proposed new wording addresses a situation where the Commission may need
to inspect the vehicles of a single company with a large number of vehicles;
the wording will ensure that all of a company's vehicles are routinely inspected,
without adding a harsher requirement that all vehicles must be present at
a particular day and time.
Proposed new §9.204 mirrors proposed new §9.113, but is specific
to maintenance of vehicles. The wording of the two rules is generally the
same and requires that the LP-gas vehicles and vehicle containers, valves,
dispensers, accessories, piping, transfer equipment, gas container, gas utilization
equipment, and appliances be maintained in safe working order. If any of these
items is not in safe working order, the Safety Division may require that the
vehicle be immediately removed from LP-gas service until necessary repairs
are made.
Amendments proposed in §9.308(a), (b), and (b)(3) clarify that pressure
testing and leakage testing shall be performed only by persons properly licensed
or certified by the Commission.
Most changes proposed in §9.403 are in the Table, except for new subsection
(c), which adds an explanation concerning the errata from NFPA. The proposed
changes in the Table are as follows: The current rows for 1.3 and 1.7.40 are
proposed to be deleted; 1.3 refers to §9.114, which is proposed to be
repealed, and 1.7.40 is unnecessary because it refers to low emission transfer,
which is covered in 3.11, which is not adopted. Several changes are proposed
in the row for 2.3.3.2(b)(2). In the wording for "2a," the phrase "or a positive
shutoff valve in combination with a back flow check valve" is proposed to
be added. Also, wording in "b" is proposed to be added back to the Table;
it was erroneously deleted during the last amendments to the Table. In the
wording for "c," the word "Containers" is proposed to be changed to "Each
container" for clarification. Also in "c," the phrase "and retrofitted" is
proposed to be changed to "shall be retrofitted" to make the requirement clear.
In "c1," the phrase "installed directly into the container" is proposed to
be added for clarity and to ensure that the valve is installed in the best
place for optimum safety. In "c2," the phrase "as close as practical" is proposed
to be deleted and the specific distance of "within four feet" added for clarity;
the distance of four feet is reasonable because an ESV for a bulkhead is already
required to be installed within four feet of the bulkhead. A new row for 3.2.2.2
is proposed to be added to state that "Exception No. 1 and Exception No. 3"
are not adopted. In the row for 3.2.5, for the firm foundation of concrete,
masonry, or metal, the word "and" is proposed to be added so that it must
also be otherwise firmly secured "against displacement." In the row for 3.2.12.1,
the words "on or" are proposed to be added before the February 1, 2001, date
in order to encompass the actual date of February 1. In the rows for 3.2.18.1,
3.2.18.2, and 3.2.18.3, the phrase "liquid or vapor service" is proposed to
be changed to "liquid and/or vapor service". In the rows for 3.4.2.1, 3.4.2.7,
3.4.4.1(b), and 3.4.9.2, some references to water capacity are proposed to
be corrected to "LP-gas capacity." A new row is proposed to be added for 3.10.2.1
which refers to proposed new §9.35, relating to Written Procedures for
LP-Gas Leaks. A new row is proposed to be added to not adopt 3.10.2.2, which
refers to the fire safety analysis, which the Commission determines is not
needed because Commission rules already require redundant safety features.
A new row is proposed to be added to indicate that 3.11 is not adopted, and
current rows for 3.11.3, 3.11.3.1, 3.11.3.3, 3.11.4.3(c), and 3.11.5 are proposed
to be deleted. In the row for 8.2.3(l), the section number is proposed to
be corrected to 8.2.3.1(l).
Finally, the six rules in Subchapter F are proposed for repeal. This subchapter
adopted by reference NFPA 51 concerning welding activities. Subsequently,
the Commission adopted by reference NFPA 58, which encompasses NFPA 51. Therefore,
the separate subchapter for NFPA 51 is no longer needed.
Mary McDaniel, Director, Safety Division; Dan Kelly, Director, Alternative
Fuels Research and Education Division; and Steve Pitner, Director, Gas Services
Division, have determined that for each year of the first five years the proposed
amendments to §§9.6, 9.13, 9.52, and 9.130 are in effect there will
be fiscal implications for state government as a result of enforcing or administering
the amendments. Regarding §§9.6 and 9.13, the Commission will receive
fees from the master/journeyman plumbers and the Class A or B air conditioning
and refrigeration contractors for the Category D registration/examination
exemption certificate at $50 for the initial registration and $20 for renewals.
The Commission currently has about 1,100 Category D license exemptions (about
825 master/journeyman plumbers and 275 Class A or B air conditioning and refrigeration
contractors), covering about 1,850 individual employees. Current license renewals
for Category D are $70 per year, resulting in the Commission receiving $77,000
for the license exemption renewals. Those 1,850 individuals currently pay
$20 for their annual renewal. Under the new registration program, the Commission
anticipates that many of the 1,100 exemption holders will not renew the Category
D licenses at the $70 renewal, but will take advantage of the less expensive
registration of $50 per individual. The Commission also expects that some
of the remaining 26,900 potential registrants will take advantage of this
program. This is a voluntary program, so the Commission cannot state exactly
how many individuals will participate. This is a less expensive and less time-consuming
option than obtaining a Category D license, so presumably, there will be some
participation. In the second year the proposed amendments will be in effect,
the Commission will need to register about 1,368 additional individuals out
of the remaining 26,470 potential registrants to address the negative fiscal
impact of $77,000 due to the difference between the $50 initial registration
and the $20 renewal fee. In the third through fifth years, the Commission
anticipates no negative fiscal impact.
With the proposed amendments in §9.52, new Category M and recreational
vehicle technician applicants will be required to attend training and continuing
education courses. As of October 2004, Commission records showed there were
about 155 Category M licensees and about 182 recreational vehicle technicians.
In §9.130, the specific $60 nameplate fee will ensure the Commission
recovers its costs for these replacements, especially regarding the mileage.
There will be no fiscal implications to the Commission with regard to the
remaining amendments, repeals, or new rules; any changes will be handled within
current staffing and budget. There are no fiscal implications for local governments.
Ms. McDaniel, Mr. Kelly, and Mr. Pitner have also determined that the public
benefit anticipated as a result of the amendments will be increased public
health, safety and welfare, and perhaps some decreased regulatory costs associated
with some of the changes allowing certain options for LP-gas installations.
The Commission finds that allowing the LP-gas industry to conduct business
pursuant to national uniform safety standards such as NFPA 58 achieves a reasonable
balance between the public interest in having LP-gas, an environmentally-beneficial
fuel, widely and continuously available and at lower costs, and the public
interest in having LP-gas industry participants comply with comprehensive
safety standards. With regard to the proposed amendments in §9.13, the
Commission anticipates some communities may have more access to certified
LP-gas employees; in addition, the registration program eliminates some duplicative
requirements between agencies authorizing LP-gas activities.
There will be some financial impact on LP-gas licensees or other individuals
required to comply with some of the proposed amendments. In §9.6 and §9.13,
the new $50 registration and $20 renewal fees for master/journeyman plumbers
and Class A or B air conditioning and refrigeration contractors will affect
those individuals wishing to register with the Commission; this is a voluntary
registration, but it is less expensive and less time-consuming than obtaining
a Category D license. The new registration program with the Texas State Board
of Plumbing Examiners and the Texas Department of Licensing and Regulation
for the master or journeyman plumbers, or Class A or B Air Conditioning and
Refrigeration Contractors, as licensed respectively by these two agencies,
was jointly agreed to in principle by the Commission and these two agencies
as a way to recognize the skills and training of the individuals who perform
LP-gas activities, as authorized by the three agencies. Individuals could
see a decrease with the new program because the Category D license renewal
of $70 will no longer be required; only the existing $20 renewal will remain.
Licensees with many employees may see a one-time increase to register those
employees at $50 each, but the $20 renewal will remain thereafter; their costs
will vary based on the number of employees. The primary benefit to these licensees
will be that they no longer have to comply with the workers' compensation
insurance requirements under a Category D license.
In §§9.7, 9.8, and 9.9, the proposed amendments clarify that
certain fees are nonrefundable; however, the fee amounts are not proposed
to be changed.
In §9.10, Categories F, G, and J are added to the list of license
categories for which applicants are required to attend management-level courses
and examinations. Applicants for these categories will be required to pay
the fees for these and, depending on where and when a particular course is
offered, pay travel expenses. In addition, the Commission is proposing to
change the location where examinations are offered from the Commission's headquarters
office at 1701 North Congress in Austin, Texas, to the AFRED training center
at 6506 Bolm Road in Austin. The AFRED training center has free parking, so
examinees will not be required to find and pay for metered parking as they
now do at the 1701 North Congress location.
In §9.17(a)(3), proposed amendments will require an LP-gas certified
employee at each outlet of any licensee; this amendment is in conjunction
with the proposed change to allow operations supervisors to supervise more
than one outlet. The amendments in subsection (a)(3) do not specify what kind
of LP-gas certification the employee must have, but presumably it will be
a less expensive certification than a management-level certification required
for an operations supervisor. The amendment clarifies that there does not
have to be an operations supervisor (i.e., a management-level employee) at
each outlet, so there is a potential savings for a management-level certification,
examination, training, and continuing education. Many licensees may need to
have some employees become certified in order to comply with this rule. The
Commission does not have records on exactly how many outlets a licensee has,
nor how many employees or whether those employees are LP-gas certified or
not.
Proposed new §9.35 requiring a written plan to handle LP-gas leaks
may require some costs for producing the written plan, if a licensee does
not already have one, and making it available to all employees; however, this
cost should be negligible.
The proposed amendments in §9.41 specify that a pressure test must
be performed on schools. This was always the Commission's intent; however,
the rule wording used the term "leakage test" or "other inspection," which
were not accurate. A pressure test is a more expensive test that provides
more specific results than a leakage test; school districts that have been
using a leakage test must now use a pressure test. The Commission does not
have any information on how many or which school districts would be affected
by this proposed change.
In §9.51(b)(1) and (f)(2), Category M is proposed to be added to the
list of categories requiring training for new applicants, and Category J is
proposed to be required to attend the 16-hour management-level course. Depending
on which course these applicants choose to attend, there may be travel costs
involved.
In §9.52, the Commission proposes to add Category M to the management-level
and recreational vehicle technicians to the employee-level training and continuing
education requirements. Beginning September 1, 2005, these groups have until
May 31, 2006, to complete this requirement.
In §9.54, Category M certificate holders are proposed to be allowed
to become outside instructors; this is voluntary but the nonrefundable application
fee is $300 per course and renewal is $150.
In §9.101, the resubmission fee is proposed to be changed from $20
to $35, but the time period is also proposed to be changed from 10 days to
30 days; individuals can avoid this fee by filing timely and correctly.
In §9.113 and §9.204, the proposals with respect to required
repairs may result in costs to licensees or consumers, but the Commission
cannot state if these will be needed or what the exact costs would be.
In §9.130, the nameplate cost is $60 plus mileage and per diem; the
hourly research charge is proposed to be deleted. The charge will ensure the
Commission recoups its costs (especially with regard to mileage) for nameplate
replacements, but the specific amounts will also allow Commission staff to
give accurate costs to individuals requesting replacements.
In §9.134, proposed new wording requires a licensee to perform a pressure
test, verify that piping is installed in accordance with the LP-Gas Safety
Rules, tag the installation, and file LPG Form 22. The pressure test will
result in some costs to licensees or consumers, but the Commission cannot
determine exactly how much that would be.
In §9.140, in row 7 of the Table, storage racks are proposed to be
added to cylinder exchange racks as being required to post a certain sign.
Persons with storage racks will incur a small cost for producing a sign for
each storage rack. Also, in subsection (g)(5), persons with underground LP-gas
installations will be required to install signs, which should be a negligible
one-time cost.
In §9.143(a), a back check valve is proposed to be added as an option,
and in subsection (d)(4), underground or mounded containers are proposed to
be required to have bulkheads.
In §9.201, it is proposed that licensees who have routinely or even
occasionally used LP-gas transports for storage will have to obtain prior
approval from the Commission to operate in this manner. The Commission sees
the use of LP-gas transports in this manner as potentially unsafe because
they do not usually include all the redundant safety features required of
stationary LP-gas installations. This proposed prohibition could mean that
licensees that have been operating in this manner would experience a loss
of income or a cost to obtain stationary storage facilities, or both, but
the Commission does not have information about how many licensees would be
affected.
As proposed in §9.202(c)(5)(B) and (C), each and every transport will
have to be inspected by a Commission employee at least once every four years
or the Form 4 will not be issued. This may cause some licensee to be unable
to operate a transport that does not meet the deadline, but licensees can
avoid the potential loss by timely inspection of transports.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the cost of compliance for individual, small business, or micro-business
LP-gas businesses, because under the proposed amendments, operating an LP-gas
business is voluntary, not mandatory. In addition, some aspects of safety
compliance are mandatory, but the costs will vary for each licensee and certificate
holder based on individual circumstances and choices. The Commission assumes
that there are LP-gas businesses that meet the definitions of "micro-business"
and "small business" set forth in Texas Government Code, §2006.001(1)
and (2), respectively; however, the Commission does not have data showing
the expense for each employee, the expense for each hour of labor, or the
total sales revenue for any LP-gas business. In addition, the costs for any
particular LP-gas business will vary based on that business' situation. Therefore,
the Commission is not able to determine the exact cost of compliance based
on the cost for each employee, the cost for each hour of labor, or the cost
for each $100 of sales pursuant to Texas Government Code, §2006.002(c).
Further, pursuant to Texas Government Code, §2006.002, the Commission
finds that, considering that the purpose of Texas Natural Resources Code,
Chapter 113, is to ensure the safe use of LP-gas, it is not feasible to reduce
any adverse effect the proposed amendments could have on individuals, small
businesses, or micro-businesses based on the size of the business.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 60 days after publication in the
Texas Register
. The Commission encourages all interested persons to
submit comments no later than the deadline. The Commission cannot guarantee
that comments submitted after the deadline will be considered. For further
information, call Richard Gilbert at (512) 463-6935. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Subchapter A. GENERAL REQUIREMENTS
16 TAC §§9.1 - 9.3, 9.6 - 9.13, 9.16 - 9.18, 9.21, 9.22, 9.26 - 9.28, 9.35 - 9.38, 9.41, 9.51, 9.52, 9.54
The amendments and new rule are proposed under the Texas Natural
Resources Code, §113.051, which authorizes the Commission to adopt rules
relating to any and all aspects or phases of the LP-gas industry that will
protect or tend to protect the health, welfare, and safety of the general
public, and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.1.Application of Rules, Severability, and Retroactivity.
(a)
The LP-Gas Safety Rules apply to the location and operation
of liquefied petroleum gas systems, equipment, and appliances. These standards
also apply to truck and railcar loading racks, but do not apply to marine
terminals, natural gasoline plants, refineries, tank farms, gas manufacturing
plants, plants engaged in processing liquefied petroleum gases, or to railcar
loading racks used in connection with these excluded establishments.
(1) - (5)
(No change.)
[(6)
Subchapter F, Adoption by Reference of
NFPA 51 (Standard for the Design and Installation of Oxygen-Fuel Gas Systems
for Welding, Cutting, and Allied Processes), applies to the use of LP-gas
as a welding fuel.]
(b) - (f)
(No change.)
(g)
Vehicles and fuel supply containers excluded from the requirements
of this chapter pursuant to subsection (f) of this section shall comply with
the requirements of §9.203 of this title, relating to School Bus, Public
Transportation, Mass Transit, and Special Transit Vehicle Installations and
Inspections, and the Commission's exception to NFPA 58
§8.2.3(l)
[
§9.2.Definitions.
In addition to the definitions in any adopted NFPA pamphlets, the following
words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) - (2)
(No change.)
(3)
AFT materials--The portion of a Commission training module
[
(4) - (5)
(No change.)
(6)
Bobtail driver--An individual who operates
an LP-gas cargo tank motor vehicle of 5,000 gallons water capacity or less
in metered delivery service.
[(6)
Assistant director--The assistant director
of the LP-Gas Safety Section who is the Commission's delegate responsible
for the enforcement of the LP-Gas Safety Rules and the Texas Natural Resources
Code.]
(7) - (8)
(No change.)
(9)
Certificate holder--An individual:
(A)
who has passed the required management-level qualification
examination, satisfactorily completed any applicable training or continuing
education requirements
as specified in §9.52 of this title (relating
to Training and Continuing Education Courses)
, and paid the applicable
fee; or
(B)
(No change.)
(C)
who has passed the required [
(10) - (20)
(No change.)
(21)
Licensee--A person which has applied for and been granted
an LP-gas license by the Commission
, or who holds a master or journeyman
plumber license from the Texas State Board of Plumbing Examiners or a Class
A or B Air Conditioning and Refrigeration Contractors License from the Texas
Department of Licensing and Regulation and has properly registered with the
Commission
.
(22) - (26)
(No change.)
(27)
MPS gas (Methylacetylene-propadiene,
stabilized) --A mixture of gases in the liquid phase and as defined in Texas
Natural Resources Code, Chapter 113, §113.002(4).
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
Transport driver--An individual who operates
an LP-gas trailer or semi-trailer equipped with a container of more than 5,000
gallons water capacity.
(51)
[
(52)
[
§9.3.LP-Gas Report Forms.
Under the provision of the Texas Natural Resources Code, Chapter 113,
the Railroad Commission of Texas has adopted the following forms [
(1) - (12)
(No change.)
[(13)
LPG Form 17. Report of Odorization of
Liquefied Petroleum Gases.]
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
§9.6.Licenses and Fees.
(a)
A prospective licensee may apply to the
License and
Permit Section of the Gas Services Division (the Section),
[
(b)
(No change.)
(c)
The license categories and fees are as follows.
(1) - (3)
(No change.)
(4)
A Category D license for general installers and repairmen
authorizes the sale, service, and installation of containers, excluding motor
fuel containers, and the service, installation, and repair of piping, certain
appliances as defined by rule, excluding recreational vehicle appliances and
LP-gas systems, and motor fuel and recreational vehicle systems. The service
and repair of an LP-gas appliance not required by the manufacturer to be vented
to the atmosphere is exempt from Category D licensing. The installation of
these unvented appliances to LP-gas systems by means of LP-gas appliance connectors
is also exempt from Category D licensing. The original license fee is $100;
the renewal fee is $70.
Additionally, master or journeyman plumbers who
are licensed by the Texas State Board of Plumbing Examiners or persons who
are licensed with a Class A or B Air Conditioning and Refrigeration Contractors
License issued by the Texas Department of Licensing and Regulation may register
with the Section as described in §9.13 of this title (relating to General
Installers and Repairman Exemption). The initial registration fee is $50;
the registration renewal fee is $20.
(5) - (16)
(No change.)
§9.7.Application for License and License Renewal Requirements.
(a) - (c)
(No change.)
(d)
An applicant for a new license shall file with the
License and Permit Section of the Gas Services Division (the Section)
[
(1)
a properly completed LPG Form 1 listing all names under
which LP-gas related activities requiring licensing are to be conducted
and including a 24-hour emergency response telephone number
. Any company
performing LP-gas activities under an assumed name ("DBA" or "doing business
as" name) shall file copies of the assumed name certificates which are required
to be filed with the respective county clerk's office and/or the Secretary
of State's office with the
Section
[
(2)
(No change.)
(3)
pay the following fees:
(A) - (B)
(No change.)
(C)
the
nonrefundable
management-level rules examination
fee specified in §9.10 of this title (relating to Rules Examination);
and
(D)
the
nonrefundable
fee for any required training
course as specified in §9.51 of this title (relating to General Requirements
for Training and Continuing Education).
(e)
(No change.)
(f)
For license renewals, the
Section
[
(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 by §9.6 of this title (relating to Licenses
and Fees). Upon receipt of the renewal fee, the
Section
[
(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 by §9.6 of this title.
Upon receipt of the renewal fee, the
Section
[
(3)
(No change.)
(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 the
Section
[
(A) - (B)
(No change.)
(g)
Applicants for license or license renewal in the following
categories shall comply with these additional requirements:
(1)
An applicant for a Category A license or renewal shall
file with the
Section
[
(A) - (B)
(No change.)
(2)
An applicant for a Category B or O license or renewal shall
file with the
Section
[
(3)
An applicant for Category A, B, or O license or renewal
who tests tanks, subframes LP-gas cargo tanks, or performs other activities
requiring DOT registration shall file with the
Section
[
§9.8.Application for a New Certificate.
(a)
An applicant for a new certificate shall:
(1)
file with
AFRED
[
(2) - (3)
(No change.)
(b)
(No change.)
§9.9.Requirements for Certificate Renewal.
(a)
(No change.)
(b)
Certificate renewal date.
AFRED
[
(c)
Certificate holders shall
remit
[
(1)
Failure to pay the
nonrefundable
annual renewal
fee by the deadline shall result in a lapsed certification. To renew a lapsed
certification, the individual shall pay the
nonrefundable
$35 annual
renewal fee plus a
nonrefundable
$20 late-filing fee. Failure to
do so shall result in the expiration of the certificate.
If a person's
certification expires, that person shall immediately cease performance of
any LP-gas activities authorized by the certification.
If an individual's
certificate has been expired for more than two years from May 31 of the year
in which certification lapsed, that individual shall comply with the requirements
for a new certificate.
(2)
Upon receipt of the annual renewal fee and any late-filing
penalty,
AFRED
[
(d)
Continuing education. Certificate holders shall successfully
complete the continuing education requirements as specified in
§9.51
and §9.52
[
(1) - (2)
(No change.)
§9.10.Rules Examination.
(a)
An individual who
files
[
(1)
Dates and locations of available Commission
LP-gas examinations may be obtained in the Austin offices of AFRED and on
the Commission's web site at www.rrc.state.tx.us, and shall be updated at
least monthly. Examinations shall be conducted in Austin and in other locations
around the state. Individuals or companies may request in writing that examinations
be given in their area. AFRED shall schedule its examinations and locations
at its discretion.
[(1)
Applicants who wish to take the rules
examination at sites other than the Austin office shall submit LPG Form 16
and the applicable fee to the Commission's Austin office at least three business
days prior to the examination date in order to receive an admittance letter
from the Commission. The admittance letter shall be required at all exam sites
other than the Austin office.]
(2)
The Category
E, F, G, I, and J
[
(3)
The Commission may not issue a certification
card to an applicant for a management-level certificate that requires completion
of a course of instruction until the applicant completes both the required
course of instruction and passes the required management-level rules examination.
(4)
An applicant for a management-level certificate
shall pass the management-level rules examination within two years after completing
a required course of instruction. An applicant who fails to pass such an examination
within two years of completing such a course shall reapply as a new applicant.
(5)
[
(A)
The
nonrefundable
management-level rules examination
fee (for company representatives and operations supervisors) is $50.
(B)
The
nonrefundable
employee-level rules examination
fee (for employees other than company representatives or operations supervisors)
is $20.
(C)
The
nonrefundable
examination fee shall be paid
each time an individual wishes to take the examination.
(D)
Individuals who register and pay for a Category
E,
F, G, I, or J
[
(b)
Table 1 of this subsection specifies the examinations offered
by the Commission.
(c) Within
15 calendar
[
(1)
If the examination is graded or reviewed by a testing service,
AFRED
[
(2)
(No change.)
(3)
An individual who has been issued a certification
card shall make the card readily available and shall present the card to any
Commission employee or agent who requests proof of certification.
(d)
Failure of any examination shall immediately disqualify
the individual from performing any LP-gas related activities covered by the
examination which is failed, except for activities covered by a separate examination
which the individual has passed. If requested [
(1)
Any individual who fails an examination administered by
the Commission only at the Austin location may retake the same examination
only one additional time during a business day.
(2)
Any subsequent examination shall be taken on
another business day, unless approved by the assistant director
for the
AFRED Research and Technical Services Section or the assistant director's
designee
.
[(2)
Any individual who fails an examination
administered at a location other than the Austin location shall reapply to
the Austin office for a new admittance letter.]
§9.11.Previously Certified Individuals.
(a)
A licensee shall notify
AFRED
[
(b)
(No change.)
§9.12.Trainees.
(a)
A licensee or ultimate consumer may employ an individual
as a trainee for a period not to exceed 45 calendar days without that individual
having successfully completed the rules examination as specified in §9.10
of this title (relating to Rules Examination) subject to the following conditions.
(1)
(No change.)
(2)
The licensee or ultimate consumer shall ensure that LPG
Form 16 [
(b) - (d)
(No change.)
§9.13.General Installers and Repairman Exemption.
(a)
Any individual who is currently licensed
as a master or journeyman plumber by the Texas State Board of Plumbing Examiners
or who is currently licensed with a Class A or B Air Conditioning and Refrigeration
Contractors License issued by the Texas Department of Licensing and Regulation
may register with the License and Permit Section of the Gas Services Division
(the Section) and be granted an exemption to the Category D licensing and
examination requirements (including insurance, and training and continuing
education) provided the applicant:
(1)
holds an active license in compliance with Texas Occupations
Code, §1302.260, relating to Issuance and Term of License, and §1301.351,
relating to License, Endorsement, or Registration Required;
(2)
submits a legible photocopy of a current Air Conditioning
and Refrigeration Contractor or Master or Journeyman Plumbers certificate;
(3)
submits a legible photocopy of a picture state-issued identification
card or driver's license;
(4)
submits a properly completed LPG Form 16B; and
(5)
pays the $50 registration fee.
[(a)
Any individual who is currently licensed
as a mater or journeyman plumber by the Texas State Board of Plumbing Examiners
or who is currently licensed with a Class A or B Air Conditioning and Refrigeration
Contractors License issued by the Department of Licensing and Regulation may
apply for and be granted an exemption to the Category D management-level rules
examination and any service and installation employee-level rules examination
for Categories D, E, K, or N only by submitting to the Commission the following:]
[(1)
LPG Form 16B;]
[(2)
a $30 original filing fee; and]
[(3)
any information the Commission may reasonably require.]
(b)
This exemption does not become effective until the
registration/examination exemption certificate
[
[(c)
An individual who holds a general installers
and repairmen exemption shall not perform LP-gas related activities unless:]
[(1)
that individual works for a properly licensed Category
D, E, K, or N licensee;]
[(2)
the individual successfully completes the applicable employee-level
rules examination and training or continuing education required to work for
a licensee in a category other than D, E, K, or N; or]
[(3)
the individual successfully completes the rules examination
and any training or continuing education requirements for a category of license
other than Category D, E, K, or N.]
(c)
[
(d)
[
(e)
[
[(g)
Each applicant for exemption who plans
to substitute an individual as noted in §9.17 of this title (relating
to Designation and Responsibilities of Company Representatives and Operations
Supervisors) for its company representative or operations supervisor may do
so provided that individual complies with all of the other requirements.]
(f)
[
§9.16.Hearings for Denial, Suspension, or Revocation of Licenses or Certificates.
(a)
The Commission may deny, suspend, or revoke a license or
certificate for any individual who fails to comply with the LP-Gas Safety
Rules.
(1)
(No change.)
(2)
If a person resubmits the application for license or license
renewal within 30 calendar days of receipt of the denial with all deficiencies
corrected, the
License and Permit Section of the Gas Services Division
(the Section)
[
(b)
Hearing regarding denial of license or license renewal.
(1)
An applicant receiving a notice of denial of a license
or license renewal may request a hearing to determine whether the applicant
did comply in all respects with the requirements for the category or categories
of license sought. The request for hearing shall be in writing, shall refer
to the specific requirements the applicant claims were met, and shall be submitted
to the
Section
[
(2)
Upon receipt of a request complying with paragraph (1)
of this subsection, the
Section
[
(3) - (4)
(No change.)
(c)
Suspension or revocation of licenses or certifications.
(1)
If the
Section or the Safety Division (the Division)
[
(2)
The notice shall specify the acts, omissions, or conduct
constituting the alleged violation or noncompliance and shall designate a
date not less than 30 calendar days or more than 45 calendar days after the
licensee or certified person receives the notice by which the violation or
noncompliance shall be corrected or discontinued. If the
Section or the
Division
[
(3)
The licensee or certified person shall either report the
correction or discontinuance of the violation or noncompliance within the
time frame specified in the notice or shall request an extension of time in
which to comply. The request for extension of the time to comply shall be
received by the
Section or the Division
[
(d)
Hearing regarding suspension or revocation of licenses
and certifications.
(1)
If a licensee or certified person disagrees with the determination
of the
Section or the Division
[
(2)
If the
Section or the Division
[
§9.17.Designation and Responsibilities of Company Representatives and Operations Supervisors.
(a)
Each licensee shall have at least one company representative
for the license and, in the case of a licensee other than a Category P licensee,
at least one operations supervisor for each outlet.
(1)
A licensee maintaining one or more outlets shall file LPG
Form 1 with the
License and Permit Section of the Gas Services Division
(the Section)
[
(2)
A licensee may have more than one company representative.
(3)
An individual
may
[
(4)
(No change.)
(5)
A licensee shall immediately notify the
Section
[
(A)
A licensee shall cease all LP-gas activities if, at the
termination of its company representative, there is no other qualified company
representative of the licensee who has complied with the Commission's requirements.
A licensee shall not resume LP-gas activities until such time as it has a
properly qualified company representative or it has been granted an extension
of time in which to comply as specified in subsection
(g)
[
(B)
A licensee shall cease LP-gas activities at an outlet if,
at the termination of its operations supervisor for that outlet, there is
no other qualified operations supervisor at that outlet who has complied with
the Commission's requirements. A licensee shall not resume LP-gas activities
at that outlet until such time as it has a properly qualified operations supervisor
or it has been granted an extension of time in which to comply as specified
in subsection
(g)
[
(b)
Company representative. A company representative shall
comply with the following requirements:
(1) - (4)
(No change.)
(5)
comply with the work experience or training requirements
in subsection
(g)
[
(6)
(No change.)
(7)
submit any additional information as deemed necessary by
the
Section
[
(c) - (f)
(No change.)
(g)
Work experience substitution for Category
E, F, G,
I, and J
[
§9.18.Reciprocal Examination Agreements with Other States.
(a)
The
Alternative Fuels Research and Education Division
(AFRED)
[
(b)
A state that is interested in a reciprocal agreement with
Texas shall provide a copy of its examination used to qualify transport drivers
to
AFRED
[
(1)
The reciprocal agreement shall be in the form of a letter
on the official letterhead of the state requesting the reciprocal agreement.
The letter shall be signed and dated by an official representative of the
LP-gas authority in both states. For Texas, the official representative shall
be the
AFRED
[
(2) - (3)
(No change.)
(4)
AFRED
[
(5)
(No change.)
(c)
Individuals who apply for a reciprocal examination exemption
shall pay the applicable fees required by each state in exchange for exemption
from examination requirements.
(1)
Individuals from other participating states shall
remit
[
(2)
(No change.)
(d)
Applicants for a reciprocal examination exemption shall
provide the following information to
AFRED
[
(1)
(No change.)
(2)
LPG Form 16R. Applicants from other states shall provide
their Social Security numbers to
AFRED
[
(3)
Texas applicants shall provide copies of their
AFRED-issued
[
(e) - (f)
(No change.)
(g)
Upon the effective date of this section,
AFRED
[
§9.21.Franchise Tax Certification and Assumed Name Certificates.
(a)
An applicant for an original or renewal license that is
a corporation or limited liability company shall file LPG Form 26 with the
License and Permit Section of the Gas Services Division (the Section),
[
(b)
All applicants for license shall list on LPG Form 1 all
names under which LP-gas related activities requiring licensing are to be
conducted. Any company performing LP-gas activities under an assumed name
("DBA" or "doing business as" name) shall file copies of the assumed name
certificates which are required to be filed with the respective county clerk's
office and/or the secretary of state's office with the
Section
[
§9.22.Changes in Ownership, Form of Dealership, or Name of Dealership.
(a)
Changes in ownership which require a new license.
(1)
Transfer of dealership or outlet by sale, lease, or gift.
The purchaser, lessee, or donee of any dealership or outlet shall have a current
and valid license authorizing the LP-gas activities to be performed at the
dealership or outlet or shall apply for and be issued an LP-gas license prior
to engaging in any LP-gas activities which require a license. The purchaser,
lessee, or donee shall notify the
License and Permit Section of the Gas
Services Division (the Section)
[
(2)
Other changes in ownership. A change in members of a partnership
occurs upon the death, withdrawal, expulsion, or addition of a partner. Upon
the death of a sole proprietor or partner, or the dissolution of a corporation
or partnership, or any change in members of a partnership, or other change
in ownership not specifically provided for in this section, an authorized
representative of the previously existing dealership or of the successor in
interest shall notify the
Section
[
(b)
Change in dealership business entity. When a dealership
converts from one business entity into a different kind of business entity,
the resulting entity shall have a current and valid license authorizing the
LP-gas activities to be performed or shall apply for and be issued a license
before engaging in any LP-gas activities which require an LP-gas license and
shall immediately notify the
Section
[
(c)
Dealership name change. A licensee which changes its name
shall not be required to obtain a new license but shall immediately notify
the
Section
[
(1) - (3)
(No change.)
(4)
an amended LPG Form 7 to transfer any LP-gas transport
or container delivery unit, including any fees specified in §9.202 of
this title (relating to Registration
and
[
(5)
an amended LPG Form 19, if applicable, to specify storage
container inventory.
(d)
(No change.)
(e)
In the event of a death of a sole proprietor or partner,
the
assistant director for the Section
[
§9.26.Insurance and Self-Insurance Requirements.
(a)
LP-gas licensees or applicants for license shall comply
with the minimum amounts of insurance specified in Table 1 of this section
or with the self-insurance requirements in subsection (j) of this section.
Before the
License and Permit Section of the Gas Services Division (the
Section)
[
Figure: 16 TAC §9.26(a) (No change.)
(1) - (2)
(No change.)
(b)
Certificates of insurance filed with the
Section
[
(c)
Each endorsement issued and attached to a certificate of
insurance requires the insurance carrier, noted as "company" on the certificate
of insurance, to give the
Section
[
(d)
A licensee or applicant for a license that does not employ
or contemplate employing any employee in LP-gas activities may file LPG Form
996B in lieu of a certificate of workers' compensation, including employer's
liability insurance, or alternative accident and health insurance coverage.
The licensee or applicant for license shall file the required insurance certificate
with the
Section
[
(e)
A licensee, applicant for a license, or an ultimate consumer
that does not operate or contemplate operating a motor vehicle equipped with
an LP-gas cargo container or does not transport or contemplate transporting
LP-gas by vehicle in any manner may file LPG Form 997B in lieu of a certificate
of motor vehicle bodily injury and property damage insurance, if this certificate
is not otherwise required. The licensee or applicant for a license shall file
the required insurance certificate with the
Section
[
(f)
A licensee or applicant for a license that does not engage
in or contemplate engaging in any LP-gas operations that would be covered
by completed operations or products liability insurance, or both, may file
LPG Form 998B in lieu of a certificate of completed operations and/or products
liability insurance. The licensee or applicant for a license shall file the
required insurance certificate with the
Section
[
(g)
A licensee or applicant for a license that does not engage
in or contemplate engaging in any operations that would be covered by general
liability insurance may file LPG Form 998B in lieu of a certificate of general
liability insurance. The licensee or applicant for a license shall file the
required insurance certificate with the
Section
[
(h)
(No change.)
(i)
A state agency or institution, county, municipality, school
district, or other governmental subdivision shall meet the requirements of
this section for workers' compensation, general liability, and/or motor vehicle
liability insurance by filing LPG Form 995 with the
Section
[
(j)
Self-insurance requirements.
(1)
(No change.)
(2)
A licensee or license applicant desiring to self-insure
shall file with the
Section
[
(3) - (5)
(No change.)
(6)
Within 30 days of the occurrence of any incident or accident
involving the business activities of a self-insured LP-gas licensee that results
in property damage or loss and/or personal injuries, the licensee shall notify
the Railroad Commission,
Safety Division,
[
§9.27.Application for an Exception to a Safety Rule.
(a)
A person may apply for an exception to the provisions of
this chapter by filing LPG Form 25 along with supporting documentation, and
a $50 filing fee with the
Safety Division (the Division)
[
(b)
The application shall contain the following:
(1)
(No change.)
(2)
the type of relief desired, including the exception requested
and any information which may assist the
Division
[
(3) - (7)
(No change.)
(c)
Notice of the application for an exception to a safety
rule.
(1)
The applicant shall send a copy of LPG Form 25 by certified
mail, return receipt requested, or otherwise delivered to all affected entities
as specified in paragraphs (2), (3), and (4) of this subsection on the same
date on which the form or application is filed with or sent to the
Division
[
(2) - (3)
(No change.)
(4)
The
Division
[
(d)
Objections to the requested exception shall be in writing,
filed at the
Division
[
(e)
The
Division
[
(f)
A hearing shall be held when the
Division
[
(g) - (h)
(No change.)
(i)
A request for an exception shall expire if it is inactive
for three months after the date of the letter in which the applicant was notified
by the
Division
[
§9.28.Reasonable Safety Provisions.
If an LP-gas stationary installation, equipment, or appurtenances not
specifically covered by the LP-Gas Safety Rules has been or will be installed,
the
Safety Division
[
§9.35.Written Procedure for LP-Gas Leaks.
Each licensee shall maintain a written procedure to be followed when
any employee receives notification of a possible leak. The licensee shall
ensure that all employees are familiar with the procedure and shall authorize
employees to implement the procedure without management oversight. The written
procedure shall be available to emergency response agencies as specified in
NFPA 58, §3.10.2.1, and as stated in Table 1 of §9.403 of this title,
(relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with
Changes, Additional Requirements, or Corrections).
§9.36.Report of LP-Gas Incident/Accident.
(a)
At the earliest practical moment or within two hours following
discovery, a licensee owning, operating, or servicing the equipment of an
installation shall notify the
Safety Division
[
(1) - (3)
(No change.)
(4)
involved [
(5)
(No change.)
(6)
could reasonably be judged as significant because of rerouting
of traffic, evacuation of buildings, or media interest even though it does
not meet paragraphs (1) - (5) of this subsection
; or
[
(7)
is required to be reported to any other
state or federal agency (such as the Texas Department of Public Safety or
the United States Department of Transportation).
(b)
(No change.)
(c)
Following the initial telephone report, the LP-gas licensee
who made the telephone report shall submit a properly completed LPG Form 20
to the
Division
[
(d)
Within five business days of receipt, the
Division
[
(e)
In the case of an accident or incident at a Category P
licensee's location, the Category P licensee shall immediately notify the
Category E, J, or other licensee who supplies cylinders to the Category P
licensee and the Category E, J, or other licensee shall be responsible for
making the accident or incident report to the
Division
[
§9.37.Termination of LP-Gas Service.
(a)
If the
Safety Division (the Division)
[
(b)
If the
Division
[
(c)
If the affected entity disagrees with the removal from
service and/or placement of a warning tag, the entity may request a review
of the
Division's
[
§9.38.Reporting Unsafe LP-Gas Activities.
(a)
A person may report any unsafe or noncompliant LP-gas activities
to the
Safety Division (the Division)
[
(b) - (c)
(No change.)
§9.41.Testing of LP-Gas Systems in School Facilities.
(a)
(No change.)
(b)
School district requirements. Each school district shall
ensure that a pressure test [
(1) - (3)
(No change.)
(4)
A school district shall provide written notice to the
Safety Division (the Division)
[
(5)
(No change.)
(c)
(No change.)
(d)
Commission requirements.
(1)
The
Division
[
(2)
At the request of a school district, the
Division
[
(3)
The
Division
[
(e)
Compliance deadlines.
(1)
Each school district shall perform
pressure
[
(2)
School districts shall complete the initial
pressure
[
(3)
(No change.)
§9.51.General Requirements for Training and Continuing Education.
(a)
(No change.)
(b)
Applicants for new licenses or new certificates, as set
forth in §9.7 and §9.8 of this title (relating to Application for
License and License Renewal Requirements, and Application for a New Certificate,
respectively) and persons holding existing licenses or certificates shall
comply with the training or continuing education requirements in this chapter.
Any individual who fails to comply with the training or continuing education
requirements by the assigned deadline may regain certification by paying the
nonrefundable
course fee and satisfactorily completing an authorized
training or continuing education course within two years of the deadline.
In addition to paying the course fee, the person shall pay any fee or late
penalties to the
Alternative Fuels Research and Education Division (AFRED)
[
(1)
The training requirements apply only to applicants for
Category D, E, F, G, I, J, [
(2) - (4)
(No change.)
(c)
(No change.)
(d)
No partial credit. Individuals attending classes shall
receive credit only if they attend the entire class[
(e)
Schedules. Dates and locations of available
AFRED
[
(f)
Registering for a class.
(1)
(No change.)
(2)
Costs for classes.
(A)
Each registration for a training class shall require the
payment of the applicable nonrefundable class fee as follows:
(i)
(No change.)
(ii)
$150 for the initial 16-hour Category F, G, [
(iii)
(No change.)
(B)
The Category E, F, G, [
(C)
Current certificate holders who have paid the annual renewal
fee and who want to add a new certification other than Category E, F, G, [
(D)
(No change.)
(E)
Requests for classes where no training or continuing education
class credit is given shall be submitted in writing to the AFRED training
section. The AFRED training section may conduct the requested classes at its
discretion. The
nonrefundable
fee for a non-credit class is $250
if no overnight expenses are incurred by the AFRED training section, or $500
if overnight expenses are incurred. A political subdivision is not required
to pay the non-credit class fee.
(F)
AFRED
[
(3)
AFRED
[
(A)
Priority for attending the 16-hour Category F, G, [
(B)
Priority for attending classes other than the 16-hour Category
F, G, [
(C)
If any class has fewer than eight individuals registered
within seven calendar days prior to the class,
AFRED
[
(4)
(No change.)
(5)
Applicants who take classes offered by an entity other
than
AFRED
[
(g)
Retention of records. Individual applicants or certificate
holders shall be responsible for promptly notifying the AFRED training section
in writing of any discrepancies or errors in the training or continuing education
records, and shall notify
AFRED
[
§9.52.Training and Continuing Education Courses.
(a)
Training. Applicants for a new certification listed in
this subsection, other than Category E, F, G, [
(1)
The following management- or employee-level applicants
shall complete the training requirements:
(A) - (G)
(No change.)
(H)
Category M management-level;
(I)
[
(J)
[
(K)
[
(L)
[
(M)
[
(N)
Recreational vehicle (RV) technician employee-level.
(2) - (4)
(No change.)
(b)
Continuing education. A certificate holder shall complete
at least eight hours of continuing education every four years. Upon fulfillment
of this requirement, the certificate holder's next continuing education deadline
shall be four years after the May 31 following the date of the most recent
class the certificate holder has completed, unless the class was completed
on May 31, in which case the deadline shall be four years from that date.
A certificate holder's continuing education deadline shall not be extended
if an examination for a current category and level of certification is retaken
and passed; a continuing education deadline shall be extended only after a
certificate holder successfully completes an applicable continuing education
class. An individual who completes a continuing education class after the
assigned deadline shall have four years from the original deadline to complete
the next class.
(1)
Individuals completing their continuing education requirements
shall then have four years to complete the next eight-hour continuing education
requirement (unless a new certification is added that requires training as
specified in subparagraph (B) of this paragraph).
(A)
Certificate holders with one of the following certificates
shall complete the continuing education classroom instruction and any required
AFT for that class:
(i) - (vii)
(No change.)
(viii)
Category M management-level;
(ix)
[
(x)
[
(xi)
[
(xii)
[
(xiii)
[
(xiv)
Recreational vehicle (RV) technician
employee-level.
(B)
Certificate holders who hold only a Category D, F, G, J,
or K certificate as of the effective date of this section shall complete their
initial continuing education requirement by May 31, 2005.
Beginning September
1, 2005, Category M and recreational vehicle technician certificate holders
shall have until May 31, 2006, to complete their initial continuing education
requirement.
Certificate holders who hold a Category D, F, G, J, [
(C)
(No change.)
(2) - (4)
(No change.)
(c)
(No change.)
(d)
Class materials. Individuals who attend
AFRED-taught
[
(e)
Certificates of completion. The AFRED training section
shall issue a certificate of completion to each individual who completes
an AFRED-taught
[
(f)
Advanced field training (AFT). Some classes may include
AFT in addition to the classroom hours, during which class attendees shall
perform LP-gas activities. AFT shall be properly completed within 30 calendar
days of attending the class. All qualification tasks included in the AFT shall
be completed. The AFT materials, including the qualification checklist and
the certification page, shall be readily available at the licensee's Texas
business location for review by an authorized Commission representative during
normal business hours.
(1)
(No change.)
(2)
Other AFT situations shall be handled as follows:
(A) - (E)
(No change.)
(F)
For an individual who is employed by a licensee when a
class requiring AFT is attended, but who prior to the AFT's being certified
ceases employment with the licensee and wishes to continue performing LP-gas
activities, the individual shall contact a company representative or operations
supervisor of another applicable licensee or an
AFRED-approved
[
(3)
Individuals who attend the 80-hour Category E management-level
class or the 16-hour Category F, G, [
(4)
(No change.)
(g)
Available courses. Training and continuing education courses
and other information are shown in Tables 1 through 4 of this subsection.
Items on the tables marked with an "x" indicate courses that meet training
or continuing education requirements for management-level or employee-level
certificate holders in that category.
§9.54.Commission-Approved Outside Instructors.
(a)
General.
(1)
AFRED
[
(A)
(No change.)
(B)
Authorized Category E outside instructors may offer only
the applicable training and continuing education classes to Category D or
K management-level applicants and to portable cylinder filling, motor/mobile
fuel dispenser,
bobtail
[
(C)
Authorized Category M outside instructors
may offer only the applicable training and continuing education classes to
Category M management-level applicants and recreational vehicle technician
employee-level applicants or certificate holders.
(2)
(No change.)
(3)
All curriculum and course materials submitted for
AFRED
[
(4)
Copies of the
AFRED
[
(b)
Application process. Outside instructor applicants shall
submit the following to
AFRED
[
(1)
(No change.)
(2)
a copy of the applicant's Category D
, E, or M
[
(3)
for each course the outside instructor applicant intends
to teach:
(A)
(No change.)
(B)
the course materials and related supporting information
or a statement that the instructor will use the
AFRED
[
(C)
(No change.)
(4) - (5)
(No change.)
(c)
Curriculum standards. The curriculum for each course that
an outside instructor applicant intends to teach shall include, where applicable,
information that is at least the equivalent of
AFRED's
[
(d)
AFRED
[
(e)
Additional requirements for approval. Outside instructor
applicants whose applications are approved in writing by
AFRED
[
(f)
Notification of approval. Within 10 business days of the
outside instructor applicant's completion of the requirements of this section,
AFRED
[
(g)
Term of approval.
AFRED
[
(h)
Renewal of approval. To continue offering
AFRED-approved
[
(i)
Revision of course materials. An outside instructor who
revises any course materials previously approved by
AFRED
[
(j)
Continuing requirements. Outside instructors shall:
(1)
maintain their Category D
, E, or M
[
(2)
(No change.)
(3)
report to
AFRED
[
(k)
Disclaimer. Outside instructors are responsible for every
aspect of the classes they teach, including the location, schedule, date,
time, duration, price, content, material, demeanor and conduct of the outside
instructor, and reporting of attendance information.
AFRED
[
(l)
Complaints.
(1)
Complaints regarding outside instructors shall be made
to
AFRED
[
(A)
failed to meet or maintain
AFRED
[
(B) - (C)
(No change.)
(2)
Upon receipt of a complaint and at its discretion,
AFRED
[
(3)
If
AFRED
[
(4)
AFRED
[
(5)
(No change.)
(6)
If the outside instructor accepts the determination, he
or she shall notify
AFRED
[
(7)
If an outside instructor requests a hearing or fails to
respond timely to the notice given under paragraph (5) of this subsection,
the
AFRED
director shall refer the matter to the Office of General
Counsel for the setting of a hearing. The Office of General Counsel shall
assign an examiner to conduct a hearing, which shall be conducted under the
Commission's General Rules of Practice and Procedure, Chapter 1 of this title
(relating to Practice and Procedure).
(8) - (9)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 9, 2005.
TRD-200501070
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §9.33, §9.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Railroad Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.33.LP-Gas Welding Advisory Committee.
§9.53.Continuing Education Credit for Previous Courses.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501071
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §§9.101 - 9.103, 9.107, 9.109, 9.110, 9.113, 9.115, 9.126, 9.129, 9.130, 9.132, 9.134, 9.140 - 9.143
The amendments are proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.101.Filings Required for Stationary LP-Gas Installations.
(a)
No LP-gas container shall be placed into LP-gas service
or an installation operated or used in LP-gas service until the requirements
of this section, as applicable, are met and the facility is in compliance
with all applicable LP-Gas Safety Rules and statutes, in addition to any applicable
requirements of the municipality or the county where an installation is or
will be located.
LP-gas systems under the jurisdiction of DOT Safety
regulations in 49 CFR Parts 192 and 199, and Part 40 shall comply with Chapter
8 of this title (relating to Pipeline Safety Regulations) prior to implementation
of service.
(b)
Commercial installations with an aggregate water capacity
of less than 10,000 gallons.
(1)
Within
30
[
(A) - (C)
(No change.)
(2)
Pay a nonrefundable fee of $10 for each LP-gas container,
including cylinders, each retail LP-gas cylinder exchange storage rack, and
each forklift cylinder exchange rack or a forklift cylinder exchange installation
where a storage rack is not installed
that is
listed on the form.
A nonrefundable
$35
[
(3)
The
Division
[
(c)
Aggregate water capacity of 10,000 gallons or more.
(1)
For installations with an aggregate water capacity of 10,000
gallons or more, the licensee shall submit the following information to the
Division
[
(A) - (E)
(No change.)
(2)
In addition to NFPA 58, §3.2.3.3, prior to the installation
of any individual LP-gas container, the
Division
[
(A)
The
Division
[
(i) - (viii)
(No change.)
(B)
(No change.)
(3)
If an LP-gas stationary installation, equipment, or appurtenances
not specifically covered by the LP-Gas Safety Rules has been or will be installed,
the
Division
[
(4)
The
Division
[
(5)
The licensee shall not commence construction until notice
is received from the
Division
[
(6)
If the subject installation is not completed
within one year from the date of the Division's completed review, the requirements
of this subsection shall be resubmitted for the Division's review.
(d) - (e)
(No change.)
(f)
In addition, the
Division
[
[(g)
If the subject installation is not completed
within one year from the date of the Commission's completed review, the requirements
of subsection (c) shall be resubmitted for the Commission's review.]
§9.102.Notice of Stationary LP-Gas Installations.
(a)
For a proposed installation with an aggregate water capacity
of 10,000 gallons or more, an applicant shall send a copy of the filings required
under §9.101(c) of this title (relating to Filings Required for Stationary
LP-Gas Installations) by certified mail, return receipt requested or otherwise
delivered, to all owners of real property situated within 500 feet of any
proposed container location at the same time the originals are filed with
the
Safety Division (the Division)
[
(b)
An applicant shall notify owners of real property situated
within 500 feet of any proposed container location if:
(1) - (2)
(No change.)
(3)
the
Division
[
(c)
(No change.)
§9.103.Objections to Proposed Stationary LP-Gas Installations.
(a)
Each owner of real property situated within 500 feet of
the proposed location of any LP-gas containers of 10,000 gallon aggregate
water capacity or more receiving notice of a proposed installation shall have
18 calendar days from the date the notice is postmarked to file a written
objection using the LPG Form 500A sent to them by the applicant as described
in
§9.107(a)(1)
[
(b)
The
Division
[
(1) - (3)
(No change.)
(c)
Upon review of the objection, the
Division
[
(1)
(No change.)
(2)
notify the objecting party in writing within 10 business
days of receipt requesting further information for clarification and stating
why the objection is being returned. The objecting entity shall have 10 calendar
days from the postmark of the
Division's
[
§9.107.Hearings on Stationary LP-Gas Installations.
(a)
Reason for hearing. The
Safety Division (the Division)
[
(1)
(No change.)
(2)
the
Division
[
(3)
the
Division
[
(b)
Notice of public hearing. The
Division
[
(c)
(No change.)
§9.109.Physical Inspection of Stationary LP-Gas Installations.
(a)
Aggregate water capacity of 10,000 gallons or more. The
applicant shall notify the
Safety Division (the Division)
[
(b)
Aggregate water capacity of less than 10,000 gallons. After
receipt of LPG Form 501, the
Division
[
(c)
Material variances. If the
Division
[
(d)
In the event an applicant has requested an inspection and
the
Division
[
§9.110.Emergency Use of Proposed Stationary LP-Gas Installations.
When there is an immediate need for LP-gas supply under emergency circumstances,
the
Safety Division (the Division)
[
§9.113.Maintenance.
All LP-gas storage containers, valves, dispensers, accessories, piping,
[
§9.115.Examination and Testing of Containers.
(a)
In order to determine the safety of a container, the
Safety Division (the Division)
[
(b)
Any stationary ASME LP-gas container previously in LP-gas
service which has not been subject to continuous LP-gas vapor pressure shall
be retested by an authorized Category A, B, or O licensed entity utilizing
recognized ASME test methods to determine if the container is safe for LP-gas
use in Texas, and the test results shall be submitted to the
Division
[
(c)
Any stationary ASME LP-gas container which has been subject
to continuous LP-gas vapor pressure is not required to be tested prior to
installation, provided the licensee or operator of the container files a properly
completed LPG Form 23 with the
Division
[
(d)
Any stationary ASME LP-gas container brought into Texas
from out-of-state and intended for stationary LP-gas installation in Texas
at any facility requiring submission of a site plan shall be tested in accordance
with subsection (b) of this section prior to review approval being granted
by the
Division
[
§9.126.Appurtenances and Equipment.
(a)
All appurtenances and equipment placed into LP-gas service
shall be listed by a nationally recognized testing laboratory such as Underwriters
Laboratory (UL), Factory Mutual (FM), or American Gas Association (AGA) unless:
(1)
(No change.)
(2)
there is no test specification or procedure developed by
the testing laboratory for the appurtenance or equipment
; or
[
(3)
it is used and in compliance with any
NFPA standard adopted by the Commission.
(b)
(No change.)
(c)
The licensee or operator of the appurtenances or the equipment
shall maintain documentation sufficient to substantiate any claims regarding
the safety of any valves, fittings, and equipment and shall, upon request,
furnish
[
[(d)
Compliance under this section does not
ensure conformity with other state and federal regulations, such as those
of the Texas Natural Resource Conservation Commission.]
§9.129.Manufacturer's Nameplate and Markings on ASME Containers.
(a) - (e)
(No change.)
(f)
Any replacement nameplate issued by an original container
manufacturer for containers constructed prior to September 1, 1984, shall
be stainless steel and shall be affixed in accordance with ASME Code. The
owner or operator of the container shall ensure that a copy of LPG Form 8
is filed with the
Safety Division (the Division)
[
(g) - (h)
(No change.)
(i)
The
Division
[
§9.130.Commission Identification Nameplates.
(a)
Prior to an original ASME nameplate or any manufacturer-issued
nameplate becoming unreadable or detached from a stationary container with
a water capacity of 4,001 gallons or more, the owner or operator of the container
may request an identification nameplate from the Commission. Commission identification
nameplates shall be issued only for containers which can be documented as
being in continuous LP-gas service in Texas from a date prior to September
1, 1984. The container's serial number and manufacturer on the original or
manufacturer-issued nameplate shall be clearly readable at the time the Commission
identification nameplate is attached.
(1)
(No change.)
(2)
The
Safety Division (the Division)
[
(A)
actual cost of the nameplate itself, including adhesive
and other materials necessary to attach the nameplate;
and
(B)
projected travel costs for the Commission employee performing
the inspection and/or attachment of the nameplate,
at a cost of $60 plus
the mileage and rate from Austin as set by the official state travel mileage
chart.
[
[(C)
hourly research fees calculated according
to §20.105 of this title (relating to Charges for Providing Copies of
Public Information), as applicable.]
(3)
The owner or operator of the container shall pay the total
estimated costs to the
Division
[
(A)
(No change.)
(B)
inspect the container to ensure that the container is not
dented, pitted, or otherwise damaged, and complies with other applicable LP-Gas
Safety Rules, unless additional time is necessary as determined by the
director of the Safety Division
[
(C)
advise the owner or operator that the container shall be
tested if it appears to be pitted or otherwise damaged.
(i)
(No change.)
(ii)
If the container passes the test, the
Division
[
(D)
Within the 15-day period, the
Division
[
(4)
Following the
Division's
[
(5) - (6)
(No change.)
(b)
(No change.)
(c)
Commission identification nameplates shall not be valid
until the
Division
[
(d)
If at any time during the Commission identification nameplate
request or approval process, the original ASME nameplate becomes completely
unreadable or detached, the owner or operator of the container shall immediately
remove the container from service and no Commission identification nameplate
shall be issued or attached. In addition, the
Division
[
(e)
(No change.)
(f)
Fees charged for the Commission identification nameplate
are nonrefundable except as described in this section. The cost of the nameplate
is refundable only if the Commission employee finds upon actual inspection
of the container that the original nameplate has become totally detached or
unreadable, or that the container is pitted, dented, or otherwise damaged,
therefore prohibiting attachment of the nameplate. The fees charged relating
to the
Division's
[
§9.132.Sales to Unlicensed Individuals.
A licensee shall not sell
LP-gas or
an LP-gas container
to an unlicensed individual for resale
. A licensee shall not sell an
LP-gas container to an unlicensed individual
[
§9.134.Connecting Container to Piping.
LP-gas piping shall be installed only by a licensee authorized to perform
such installation. A licensee shall not connect an LP-gas container or cylinder
to a piping installation made by a person who is not licensed to make such
installation, except that connection may be made to piping installed by an
individual on that individual's single family residential home
. A licensee
may connect to piping installed by an unlicensed person provided the licensee
has performed a pressure test, verified that the piping has been installed
according to the LP-Gas Safety Rules, properly tagged the installation, and
filed a properly- completed LPG Form 22 with the Safety Division
[
§9.140.Uniform Protection Standards.
(a)
LP-gas transfer systems and storage containers shall be
protected from tampering and/or vehicular traffic as specified in this section.
New LP-gas containers which have never been installed or had LP-gas introduced
into them, or other installations listed in paragraphs (1) - (4) of this subsection,
are not required to comply with the fencing and guardrailing requirements
in subsections (b) and
(d)
[
(1) - (4)
(No change.)
(b)
(No change.)
(c)
Containers which are exempt from the fencing requirements
include:
(1)
ASME containers or manual dispensers originally manufactured
to or modified to be considered by the
Safety Division (the Division)
[
(2) - (3)
(No change.)
(d)
In addition to NFPA 58, §§3.2.4.2, 3.2.9.1(a)
- (d), 3.2.9.2(d), 3.3.6.1, 3.9.3.8, 5.4.2.1, guardrails at LP-gas installations,
except as noted in subsection (a) of this section, shall comply with the following:
(1) - (3)
(No change.)
(4)
Openings in horizontal guardrailing, except the opening
that is
permitted
[
(5)
Clearance of at least three feet shall be maintained between
the railing and any part of an LP-gas transfer system or container or clearance
of two feet for retail cylinder filling or service station installations.
The two posts at the ends of any railing which protects a bulkhead shall be
located at 45-degree angles to the
nearest
corner of the bulkhead.
(6)
(No change.)
(e)
(No change.)
(f)
If exceptional circumstances exist or will exist at an
installation which would require additional protection such as larger-diameter
guardrailing, then the licensee or operator shall install such additional
protection. In addition, the
Division
[
(g)
LP-gas installations shall comply with the sign and lettering
requirements specified in Table 1 of this section. An asterisk indicates that
the requirement applies to the equipment or location listed in that column.
(1) - (4) (No change.)
(5) Any information in Table 1 of this subsection
required for an underground container shall be mounted on a sign posted within
15 feet horizontally of the manway or the container shroud.
(h)
In addition to NFPA 58, §5.4.2.2, storage racks used
to store nominal 20-pound DOT portable or any size forklift containers shall
be protected against vehicular damage by:
(1) - (2)
(No change.)
(3)
Guardrail or guardposts are not required to be installed
if:
(A) - (B)
(No change.)
(C)
a minimum
four-inch-high
[
(D)
(No change.)
(E)
the distance from the cement parking wheelstop to any portable
cylinder exchange rack is
60
[
(4)
(No change.)
(5)
If exceptional circumstances exist or will exist at the
location of a storage rack which would require additional protection such
as larger-diameter guardrailing or guardposts, then the licensee or operator
of the installation shall install such additional protection. In addition,
the
Division
[
§9.141.Uniform Safety Requirements.
(a)
In addition to NFPA 58, §3.2.4.1(f), containers shall
be painted as follows:
(1)
(No change.)
(2)
If the
Safety Division (the Division)
[
(b) - (f)
(No change.)
(g)
Any container that may have contained product other than
LP-gas shall be thoroughly cleaned and purged prior to introducing LP-gas
into such container. Only grades of LP-gas determined to be noncorrosive may
be introduced into any container. LP-gas may not contain anhydrous ammonia,
hydrogen sulfide, or any other contaminant.
(1)
If it is known or suspected that the LP-gas has been or
may be contaminated, the person responsible for the contamination shall have
one or more of the tests contained in "Liquefied Petroleum Gas Specifications
for Test Methods, Gas Processors Association (GPA) 2140" performed by a testing
laboratory or individual qualified to perform the tests. The
Division
[
(2)
(No change.)
(3)
Based on the results of the tests, the
Division
[
(h) - (i)
(No change.)
§9.142.LP-Gas Container Storage and Installation Requirements.
Except as noted in this section, LP-gas containers shall be stored
or installed in accordance with the distance requirements in NFPA 58,
§§3.2.2, 3.2.2.6, and 5.4.1
[
(1) - (2)
(No change.)
§9.143.Bulkhead, Internal Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More.
(a)
Instead of NFPA 58,
§§3.2.19.1, 3.2.19.2,
3.2.19.3, and 3.2.19.6
[
(1)
The pneumatic ESVs shall be installed
in the fixed piping of the transfer system upstream of the bulkhead and within
four feet of the bulkhead with a stainless steel flexible wire-braided hose
not more than 36 inches long installed between the ESV and the bulkhead.
(2)
The ESVs shall be installed in the piping
so that any break resulting from a pullaway will occur on the hose or swivel-type
piping side of the connection while retaining intact the valves and piping
on the storage side of the connection and will activate the ESV at the bulkhead
and the primary discharge valves at the container or containers. Provisions
for anchorage and breakaway shall be provided on the cargo tank side for transfer
from a railroad tank car directly into a cargo tank. Such anchorage shall
not be required from the tank car side.
(3)
Temperature sensitive elements of ESVs
shall not be painted nor shall they have any ornamental finishes applied after
manufacture.
(4)
Internal valves, ESVs, and backflow check
valves shall be tested annually for working order. The results of the tests
shall be documented in writing and kept in a readily accessible location for
one year following the performed tests.
(5)
Pneumatically-operated internal valves
and ESVs shall be interconnected and incorporated into at least one remote
operating system.
(b)
Within two years of February 1, 2001, or by February 1,
2003, at the latest, stationary LP-gas installations in existence as of February
1, 2001, with individual or aggregate water capacities of 4,001 gallons or
more, including licensee and nonlicensee locations, or railroad tank car transfer
systems to fill trucks with no stationary storage involved, which do not have
a bulkhead and/or backflow check valves where the flow is in one direction
into the container and ESVs installed shall install vertical bulkheads and
pneumatic ESVs. [
[(1)
The pneumatic ESVs shall be installed
in the fixed piping of the transfer system upstream of the bulkhead and within
four feet of the bulkhead with a stainless steel flexible wire-braided hose
not more than 24 inches long installed between the ESV and the bulkhead.]
[(2)
The ESVs shall be installed in the piping
so that any break resulting from a pullaway will occur on the hose or swivel-type
piping side of the connection while retaining intact the valves and piping
on the storage side of the connection. Provisions for anchorage and breakaway
shall be provided on the cargo tank side for transfer from a railroad tank
car directly into a cargo tank. Such anchorage shall not be required from
the tank car side.]
[(3)
Temperature sensitive elements of ESVs
shall not be painted nor shall they have any ornamental finishes applied after
manufacture.]
[(4)
Internal valves, ESVs, and backflow check
valves shall be tested annually for working order. The results of the tests
shall be documented in writing and kept in a readily accessible location for
one year following the performed tests.]
[(5)
Pneumatically-operated internal valves
and ESVs shall be incorporated into at least one remote operating system.]
(c)
(No change.)
(d)
Bulkheads, whether horizontal or vertical, shall comply
with the following requirements:
(1) - (3)
(No change.)
(4)
Bulkheads shall be located at least 10 feet from
any aboveground
[
(5) - (6)
(No change.)
(7)
Bulkheads shall be constructed by welding using the following
materials or materials with equal or greater strength, as shown in the diagram.
Figure: 16 TAC §9.143(d)(7) (No change.)
(A) - (B)
(No change.)
(C)
The top crossmember of a vertical bulkhead shall be [
(D)
The kick plate shall be
at least
1/4 inch steel
plate installed at least 10 inches from the top of the bulkhead crossmember.
A kick plate is not required if the crossmember is constructed to prevent
torsional stress from being placed on the piping to the pipe risers;
(E)
(No change.)
(8)
(No change.)
(9)
The
Division
[
(e)
In addition to NFPA 58, §2.3.3.2 as amended in the
table in §9.403 of this title (relating to Sections in NFPA 58 Not Adopted
by Reference, and Adopted with Changes, Additional Requirements, or Corrections),
ESVs and internal valves shall have emergency remote controls conspicuously
marked according to the requirements of Table 1 of §9.140 of this title
(relating to Uniform Protection Standards). Effective February 1, 2001, for
all new facilities, where a bulkhead, internal valves, and ESVs are installed,
at least one clearly identified and easily accessible manually operated remote
emergency shutoff device shall be located between 20 and 100 feet from the
ESV in the path of egress from the ESV
; beginning September 1, 2005,
this distance shall be a minimum of 25 feet
. Existing installations
shall comply by August 1, 2001. The use of swivel-type piping as specified
in subsection (d)(8) of this section shall not eliminate the requirement for
an ESV. Swivel-type piping may be installed between the bulkhead and the minimum
12-inch nipple, but shall not eliminate the requirement for an ESV. The swivel-type
piping shall be installed and maintained according to the manufacturer's instructions.
(f) - (g)
(No change.)
(h)
If necessary to increase LP-gas safety, the
Division
[
(i)
Stationary LP-gas installations with individual
or aggregate water capacities of 4,001 gallons or more are exempt from subsections
(a) and (b) of this section provided:
(1)
each container is filled solely through a 1 3/4 inch double
back check filler valve installed directly into the container; and
(2)
the LP-gas installation is not used to fill an LP-gas transport.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501068
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §9.114
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Railroad Commission of Texas or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.114.Odorizing and Reports.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501069
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §§9.201 - 9.204, 9.208, 9.211
The amendments and new rule are proposed under the Texas Natural
Resources Code, §113.051, which authorizes the Commission to adopt rules
relating to any and all aspects or phases of the LP-gas industry that will
protect or tend to protect the health, welfare, and safety of the general
public, and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.201.Applicability.
(a)
This subchapter applies to transport containers and moveable
fuel storage tenders such as farm carts constructed to MC-330 or MC-331 Department
of Transportation (DOT) specifications, nonspecification units, container
delivery units, school buses, mass transit vehicles, special transit vehicles,
and public transportation vehicles.
(1)
Transfer of LP-gas from one transport
to another shall be permitted only through a hose with a nominal inside diameter
of 1 1/4 inch or less and protected by an off-truck remote control shutdown
as required in 49 CFR.
(2)
An LP-gas transport shall not be joined
to manifold piping or to a stationary container for use as an auxiliary storage
container at any stationary installation except with prior approval from the
Safety Division.
(b)
(No change.)
(c)
Licensees and ultimate consumers shall comply with other
DOT or motor vehicle requirements, if applicable. In addition, transports
and container delivery units shall also comply with the applicable sections
of Title 49 CFR, the Federal Motor Vehicle Safety Standards, and any other
applicable regulations. Examples of such additional requirements are as follows:
(1)
49 CFR §177.834(j) states:
"Except for a cargo
tank conforming to §173.29(b)(2) of this subchapter, a person may not
drive a cargo tank motor vehicle containing a hazardous material regardless
of quantity unless: (1) All manhole closures are closed and secured; and (2)
All valves and other closures in liquid discharge systems are closed and free
of leaks."
[
(2) - (3)
(No change.)
§9.202.Registration and Transfer of LP-Gas Transports or Container Delivery Units.
(a)
A person who operates a transport equipped with LP-gas
cargo tanks or any container delivery unit, regardless of who owns the transport
or unit, shall register such transport or unit with the
License and Permit
Section of the Gas Services Division (the Section)
[
(1)
To register a unit previously unregistered in Texas, the
operator of the unit shall:
(A)
pay to the
Section
[
(B)
(No change.)
(2)
To register an MC-330/MC-331 specification unit which was
previously registered in Texas but for which the registration has expired,
the operator of the unit shall:
(A)
pay to the
Section
[
(B) - (C)
(No change.)
(3)
(No change.)
(b)
The
Section
[
(1) - (2)
(No change.)
(c)
When all registration or transfer requirements have been
met, the
Section
[
(1)
A person shall not operate an LP-gas transport unit or
container delivery unit in Texas unless the LPG Form 4 has been properly affixed
or unless its operation has been specifically approved by the
Section
[
(2)
A person shall not introduce LP-gas into a transport container
unless that unit bears an LPG Form 4 or unless specifically approved by the
Section
[
(3) - (4)
(No change.)
(5)
The
Section
[
(A)
the
Section
[
(B)
the Section does not have an inspection
record of the transport or cylinder delivery unit by a Commission representative
within four years of its initial registration on or after January 1, 2006;
or
(C)
the Section has not inspected the transport
or cylinder delivery unit at least once within a four-year cycle thereafter.
(6)
If an LPG Form 4 decal on a unit currently registered with
the
Section
[
§9.203.School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections.
(a)
After the manufacture of or the conversion to an LP-gas
system on any vehicle to be used as a school bus, mass transit, public transportation,
or special transit vehicle, the manufacturer, licensee, or ultimate consumer
making the installation or conversion shall notify the
Safety Division
(the Division),
[
(b)
If the
Division
[
(c)
(No change.)
(d)
If the requested
Division
[
§9.204.Maintenance of Vehicles.
All LP-gas vehicles and vehicle containers, valves, dispensers, accessories,
piping, transfer equipment, gas container, gas utilization equipment, and
appliances shall be maintained in safe working order and in accordance with
the manufacturer's instructions and the LP-Gas Safety Rules. If any of the
LP-gas vehicles and vehicle containers, valves, dispensers, accessories, piping,
transfer equipment, gas containers, gas utilization equipment, or appliances
is not in safe working order, the Safety Division may require that the vehicle
be immediately removed from LP-gas service and not be operated until the necessary
repairs have been made.
§9.208.Testing Requirements.
Each transport container unit required to be registered with the
License and Permit Section of the Gas Services Division (the Section)
[
§9.211.Markings.
Each LP-gas transport and container delivery unit in LP-gas service
shall be marked on each side and the rear with the name of the licensee or
the ultimate consumer operating the unit. Such lettering shall be legible
and at least two inches in height and in sharp color contrast to the background.
The
Safety Division
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501066
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §9.207
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Railroad Commission of Texas or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.207.Requirements for Movable Fuel Storage Tenders Such as Farm Carts.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501067
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §§9.303, 9.308, 9.312
The amendments are proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.303.Exclusion of NFPA 54, §6.31.
The Commission does not adopt NFPA 54, §6.31, which refers to
NFPA 52, Compressed Natural Gas (CNG) Vehicular Fuel Systems. Persons engaging
in CNG activities shall comply with the Commission's adopted rules at Chapter
13 of this title (relating to Regulations for Compressed Natural Gas (CNG)
[
§9.308.Identification of Piping Installation.
(a)
In addition to the requirements of NFPA 54, Part 3, Gas
Piping Installation, LP-gas piping shall be installed, altered, repaired,
pressure tested, and leakage
[
(b)
Upon completion of the installation, alteration, repair,
pressure testing, or leakage
[
(1) - (2)
(No change.)
(3)
the year the piping was installed, altered, repaired,
pressure tested,
or
leakage
tested.
(c)
(No change.)
§9.312.Certification Requirements for Joining Methods.
(a)
In addition to the requirements in NFPA 54, §2.6.9,
and NFPA 58, §2.4.4.3, and in addition to other LP-gas certification
requirements, prior to performing heat-fusion on polyethylene pipe or tubing,
an individual shall be certified by either the
Safety Division (the Division)
[
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501065
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §9.403
The amendments are proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.403.Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes, Additional Requirements, or Corrections.
(a)
Table 1 of this section lists certain NFPA 58 sections
which the Commission does not adopt because the Commission's corresponding
rules are more pertinent to LP-gas activities in Texas, or which the Commission
adopts with changed language or additional requirements in order to address
the Commission's existing rules, or with corrections listed in the Errata
dated November 19, 2001, issued by NFPA to correct typographical or other
errors in the published NFPA 58 pamphlet. According to NFPA, these errors
may be corrected in future printings.
(b) (No change.)
(c) For rows in Table 1 of this section that
refer to "errata," some versions of the 2001 edition of NFPA 58 included errors
that were corrected by NFPA in later printings. The Table shows the correct
wording.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501064
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
16 TAC §§9.501 - 9.503, 9.506 - 9.508
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Railroad Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 8, 2005.
§9.501.Adoption by Reference of NFPA 51.
§9.502.Clarification and/or Exclusion of Definitions in NFPA 51.
§9.503.Exclusion of Certain Sections and Chapters 6, 7, and 8 in NFPA 51.
§9.506.Sections in NFPA 51 Adopted with Additional or Alternative Language.
§9.507.Container Installation Requirements.
§9.508.LP-Gas Pressure Going into a Building.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 9, 2005.
TRD-200501063
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Proposed date of adoption: September 1, 2005
For further information, please call: (512) 475-1295
Chapter 401.
ADMINISTRATION OF STATE LOTTERY ACT
Subchapter D. LOTTERY GAME RULES
16 TAC §401.315
The Texas Lottery Commission proposes amendments to 16 TAC §401.315,
relating to the "Mega Millions" on-line game. The proposed amendments change
the game matrix from 5 of 52 and 1 of 52 to 5 of 56 and 1 of 46. The proposed
amendments change the minimum grand/jackpot amount from $10 million to $12
million. The proposed amendments also change the second prize level from $175,000
to $250,000 and the third prize level from $5,000 to $10,000. Additionally,
the odds of winning for each prize category as well as the overall odds of
winning change. For the grand/jackpot prize category, the odds of winning
and the percent of prize fund change from 1:135,145,920 and 63.38% to 1:175,711,536
and 63.6%, respectively. For the second prize category, the odds of winning
and the percent of prize fund change from 1:2,649,920 and 13.21% to 1:3,904,701
and 12.8%, respectively. For the third prize category, the odds of winning
and the percent of prize fund change from 1:575,089 and 1.74% to 1:689,065
and 2.90%, respectively. For the fourth prize category, the odds of winning
and the percent of prize fund change from 1:11,276 and 2.66% to 1:15,313 and
1.96%, respectively. For the fifth prize category, the odds of winning and
the percent of prize fund change from 1:12,502 and 2.40% to 1:13,781 and 2.18%,
respectively. For the sixth prize category, the odds of winning and the percent
of prize fund change from 1:833 and 2.40% to 1:844 and 2.38%, respectively.
For the seventh prize category, the odds of winning and the percent of prize
fund change from 1:245 and 5.71% to 1:306 and 4.58%, respectively. For the
eighth prize category, the odds of winning and percent of prize fund change
from 1:152 and 3.96% to 1:141 and 4.26%, respectively. For the ninth prize
category, the odds of winning and the percent of prize fund change from 1:88
and 4.54% to 1:75 and 5.34%, respectively. The proposed amendments also change
provisions throughout the rule that refer to the number of numbers in either
field of numbers. Also, language is added that provides that if the sales
support a jackpot that is at least $12 million lower than the advertised jackpot,
the resulting jackpot to be paid will be the highest fully funded million
plus $12 million or the advertised jackpot, whichever is lower. In no event,
however, shall the jackpot paid be less than the advertised jackpot of the
immediately prior drawing.
Lee Deviney, Financial Administration Director, has determined for each
year of the first five years the amendments are in effect there will be the
following foreseeable additional fiscal implications for state or local government
as a result of enforcing or administering the amended section: FY05, $4,292,166;
FY06, $18,350,214; FY07, $16,537,394; FY08, $14,848,429; and FY09, $13,288,694.
There will be no anticipated economic cost to individuals. There is a small
anticipated positive impact on small or micro businesses who sell lottery
products; but, no anticipated impact on local or state employment as a result
of implementing the amended section.
Robert Tirloni, Products Manager, Lottery Operations Division, has determined
that each of the first five years the amendments as proposed is in effect,
the public benefit anticipated as a result of the proposed amendments is additional
sales and revenue. Retailers will benefit because they will be receiving additional
monies from the additional Mega Millions sales. The State of Texas will receive
additional revenue from the additional Mega Million sales. The amendments
are proposed in conjunction with the addition of another state to the game,
California. The addition of the population of California to the existing population
base of the game may lead to lower jackpot levels unless the game matrix is
changed and the odds of winning the grand/jackpot prize are changed. Mega
Millions is attractive to players because of the high jackpot levels the game
can generate. Texas' actual sales history illustrates that Mega Millions is
viewed as a triple-digit jackpot game in the state. In Texas, Mega Millions
average per capita sales increase as the Mega Millions jackpot increases.
The proposed changes will cause the game to continue to offer high jackpot
prize levels to players.
Written comments on the proposed amendments may be submitted to Kimberly
L. Kiplin, General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin,
Texas 78761-6630. Comments must be received within 30 days after publication
in the
Texas Register
to be considered. The
Texas Lottery Commission will also conduct a hearing to receive comment on
the proposed amendments on April 7, 2005, at 9:00 a.m. at the Commission auditorium,
611 East Sixth Street, Austin, Texas.
The amendments are proposed under Government Code, §466.015
which authorizes the Commission to adopt all rules necessary to administer
the State Lottery Act and to adopt rules governing the establishment and operation
of the lottery, under Government Code, §466.451 which authorizes the
Commission to adopt rules relating to multijurisdiction lottery game or games,
and under Government Code, §467.102 which authorizes the Commission to
adopt rules for the enforcement and administration of the laws under the Commission's
jurisdiction.
The amendments implement Government Code, Chapter 466 and specifically,
Government Code, §466.451.
§401.315."Mega Millions" On-Line Game Rule.
(a)
(No change.)
(b)
Definitions. In addition to the definitions provided in §401.301
of this title (relating to General Definitions), and unless the context in
this section otherwise requires, the following definitions apply.
(1) - (7)
(No change.)
(8)
Number--Any play integer from one through
56
[
(9)
(No change.)
(10)
Play--The six numbers selected on each play board and
printed on the ticket. Five numbers are selected from the first field of
56
[
(11)
Play board--Two fields
, the first field
of
56
[
(12)
(No change.)
(c)
(No change.)
(d)
Play for Mega Millions.
(1)
Type of play. A Mega Millions player must select five numbers
from the first field of numbers from 1 through
56
[
(2) - (3)
(No change.)
(e)
(No change.)
(f)
Prizes for Mega Millions.
(1) - (2)
(No change.)
(3)
Prize categories.
(A)
Matrix of
5/56
[
Figure: 16 TAC §401.315(f)(3)(A)
(B)
Jackpot prize payments.
(i)
The portion of the prize money allocated from the current
Mega Millions prize pool for the grand/jackpot prize, plus any previous portions
of prize money allocated to the grand/jackpot prize category in which no matching
tickets were sold and money from any other available source pursuant to a
guaranteed first prize amount announcement will be divided equally among all
jackpot prize winners in all participating lotteries. Prior to each drawing,
the Mega Millions grand/jackpot prize amount that would be paid in 26 annual
installments will be advertised. The advertised jackpot prize amount shall
be the basis for determining the amount to be awarded for each Mega Millions
play matching all five of the five Mega Millions winning numbers drawn for
field 1 and the one Mega Millions winning number drawn for field 2.
However, if the sales support a jackpot that is at least $12 million lower
than the advertised jackpot, the resulting jackpot to be paid will be the
highest fully funded million plus $12 million or the advertised jackpot, whichever
is lower. In no event, however, shall the jackpot paid be less than the advertised
jackpot of the immediately prior drawing.
When there is only one winning
Mega Millions ticket for the jackpot prize, no grand/jackpot prize paid in
26 annual installments shall be less than
$12
[
(ii) - (vi)
(No change.)
(C)
Second through ninth level prizes.
(i)
Second Prize: Mega Millions plays matching five of the
five Mega Millions winning numbers drawn for field 1 (in any order), but not
matching the Mega Millions winning number drawn for field 2 shall be entitled
to receive a second prize of
$250,000
[
(ii)
Third Prize: Mega Millions plays matching four of the
five Mega Millions winning numbers drawn for field 1 (in any order) and the
Mega Millions winning number drawn for field 2 shall be entitled to receive
a third prize of
$10,000
[
(iii) - (ix)
(No change.)
(D) - (H)
(No change.)
(g) - (l)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2005.
TRD-200501106
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 344-5113
§8.2.3.1(k)
] in Table 1 in §9.403(a), relating
to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes,
Additional Requirements, or Corrections.
manual
] consisting of the four sections of the Railroad Commission's
LP-Gas [
Employee
] Qualifying Field Activities, including General
Instructions, the Task Information, the Operator Qualification Checklist,
and the Railroad
Commission/Employer
[
Commission Record and
Employer
] Record.
management-level qualification
examination or
] employee-level qualification examination, has paid the
applicable fee, and is required to comply with a training [
or continuing
education
] requirement
as specified in §9.52 of this title
(relating to Training and Continuing Education Courses)
.
(27)
] Noncorrosive--Corrosiveness
of gas which does not exceed the limitation for Classification 1 of the American
Society of Testing Material (ASTM) Copper Strip Classifications when tested
in accordance with ASTM D 1834-64, "Copper Strip Corrosion of Liquefied Petroleum
(LP) Gases."
(28)
] Nonspecification unit--An
LP-gas transport not constructed to DOT MC-330 or MC-331 specifications but
which complies with the exemption in 49 Code of Federal Regulations §173.315(k).
(See also "Specification unit" in this section.)
(29)
] Operations supervisor--The
individual who is certified by the Commission to actively supervise a licensee's
LP-gas operations
and is authorized by the licensee to implement operational
changes
.
(30)
] Outlet--A site operated by
an LP-gas licensee
from which any regulated LP-gas activity is performed
[
at which the business conducted materially duplicates the operations
for which the licensee is initially granted a license
].
(31)
] Outside instructor--An individual
,
other than a Commission employee
,
approved by
AFRED
[
the Commission
] to teach certain LP-gas training or continuing
education courses.
(32)
] Person--An individual, partnership,
firm, corporation, joint ventureship, association, or any other business entity,
a state agency or institution, county, municipality, school district, or other
governmental subdivision, or licensee, including the definition of "person"
as defined in the applicable sections of 49 CFR relating to cargo tank hazardous
material regulations.
(33)
] Portable cylinder--A receptacle
constructed to DOT specifications, designed to be moved readily, and used
for the storage of LP-gas for connection to an appliance or an LP-gas system.
The term does not include a cylinder designed for use on a forklift or similar
equipment.
(34)
] Property line--The boundary
which designates the point at which one real property interest ends and another
begins.
(35)
] Public transportation vehicle--A
vehicle for hire to transport persons, including but not limited to taxis,
buses (excluding school buses and mass transit or special transit vehicles),
or airport courtesy vehicles.
(36)
] Register (or registration)--The
procedure to inform the Commission of the use of an LP-gas transport or container
delivery unit in Texas.
(37)
] Repair to container--The
correction of damage or deterioration to an LP-gas container, the alteration
of the structure of such a container, or the welding on such container in
a manner which causes the temperature of the container to rise above 400 degrees
Fahrenheit.
(38)
] Rules examination--The Commission's
written examination that measures an examinee's working knowledge of Chapter
113 of the Texas Natural Resources Code and/or the current LP-Gas Safety Rules.
(39)
] School--A public or private
institution which has been accredited through the Texas Education Agency or
the Texas Private School Accreditation Commission.
(40)
] School bus--A vehicle that
is sold or used for purposes that include carrying students to and from school
or related events.
(41)
] Special transit vehicle--A
vehicle designed with limited passenger capacity which is used by a school
or mass transit authority for special transit purposes, such as transport
of mobility impaired persons.
(42)
] Specification unit--An LP-gas
transport constructed to DOT MC-330 or MC-331 specifications. (See also "Nonspecification
unit" in this section.)
(43)
] Subframing--The attachment
of supporting structural members to the pads of a container, excluding welding
directly to or on the container.
(44)
] Trainee--An individual who
has not yet taken and passed an employee-level rules examination.
(45)
] Training--Courses required
to be successfully completed as part of an individual's requirements to obtain
or maintain certain certificates.
(46)
] Transfer--The procedure to
inform the Commission of a change in operator of an LP-gas transport or container
delivery unit already registered with the Commission.
(47)
] Transfer system--All piping,
fittings, valves, and equipment utilized in dispensing LP-gas between containers.
(48)
] Transport--Any bobtail or
semitrailer equipped with one or more containers.
(49)
] Transport system--Any and
all piping, fittings, valves, and equipment on a transport, excluding the
container.
(50)
] Ultimate consumer--The individual
controlling LP-gas immediately prior to its ignition.
for
use by the LP-Gas Safety Section of the Gas Services Division
].
(14)
] LPG Form 18. Statement of
Lost or Destroyed License.
(15)
] LPG Form 18B. Statement of
Lost or Destroyed LPG Form 4.
(16)
] LPG Form 19. Inventory of
LP-Gas Storage Facility.
(17)
] LPG Form 20. Report of LP-Gas
Incident/Accident.
(18)
] LPG Form 21. Notice of Intent
to Appear.
(19)
] LPG Form 22. Report of LP-Gas
Safety Rule Violations.
(20)
] LPG Form 23. Statement in
Lieu of Container Testing.
(21)
] LPG Form 25. Application
and Notice of Exception to the LP-Gas Safety Rules.
(22)
] LPG Form 26. Franchise Tax
Certification.
(23)
] LPG Form 28. Notice of Election
to Self-Insure Per Rule 9.26.
(24)
] LPG Form 28A. Bank Declarations
Regarding Irrevocable Letter of Credit.
(25)
] LPG Form 500. Application
for Installation.
(26)
] LPG Form 500A. Notice of
Proposed LP-Gas Installation.
(27)
] LPG Form 501. Completion
Report for Commercial Installations of Less than 10,000 Gallons Aggregate
Water Capacity.
(28)
] LPG Form 502. Request for
Commission Identification Nameplate.
(29)
] LPG Form 503. Request for
Inspection of an LP-Gas System on School Bus, Public Transportation, Mass
Transit, or Special Transit Vehicles.
(30)
] LPG Form 505. Testing Procedures
Certification for Category B and O Licenses.
(31)
] LPG Form 506. Polyethylene
Pipe/Tubing Heat-Fusion Certification.
(32)
] LPG Form 995. Certification
of Political Subdivision of Self-Insurance for General Liability, Workers'
Compensation, and/or Motor Vehicle Liability Insurance.
(33)
] LPG Form 996A. Certificate
of Insurance, Workers' Compensation and Employer's Liability or Alternative
Accident/Health Insurance.
(34)
] LPG Form 996B. Statement
in Lieu of Insurance Filing Certifying Workers' Compensation Coverage, including
Employer's Liability Insurance or Alternative Accident/Health Insurance.
(35)
] LPG Form 997A. Certificate
of Insurance, Motor Vehicle Bodily Injury, and Property Damage Liability.
(36)
] LPG Form 997B. Statement
in Lieu of Motor Vehicle Bodily Injury, and Property Damage Liability Insurance.
(37)
] LPG 998A. Certificate of
Insurance, General Liability.
(38)
] LPG 998B. Statement in Lieu
of General Liability Insurance and/or Completed Operations or Products Liability
Insurance.
(39)
] LPG Form 999. Notice of Insurance
Cancellation.
Commission
] for one or more licenses specified in subsection (c)(1) - (16) of
this section. Fees required to be paid shall be those established by the Commission
and in effect at the time of licensing or renewal.
Commission
]:
Commission
]; and
Commission
] shall notify the licensee in writing at the address on file with the
Section
[
Commission
] of the impending license expiration
at least 30 calendar days before the date a person's license is scheduled
to expire. The renewal notice shall include copies of LPG Forms 1, 1A, 7,
and 26, whichever are applicable, showing the information currently on file.
Renewals shall be submitted to the
Section
[
Commission
]
with any necessary changes clearly marked on the forms,
including on
LPG Form 1 a 24-hour emergency response telephone number, if not previously
submitted,
along with the license renewal fee specified in §9.6
of this title (relating to Licenses and Fees) and any applicable transport
registration fee specified in §9.202 of this title (relating to Registration
and Transfer of LP-Gas Transports or Container Delivery Units) on or before
the last day of the month in which the license expires in order for the licensee
to continue LP-gas activities. Failure to meet the renewal deadline set forth
in this section shall result in expiration of the license. If a person's license
expires, that person shall immediately cease performance of any LP-gas activities
authorized by the license. After verification, if the licensee has met all
other requirements for licensing, the
Section
[
Commission
] shall renew the license, and the person may resume LP-gas activities.
Commission
] 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, the
Section
[
Commission
] shall renew the license, and the person may resume LP-gas
activities.
Commission
]
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, the
Section
[
Commission
] shall renew the license, and the person may resume LP-gas related
activities.
Commission
] a fee that is equal to two times the renewal fee required
by §9.6 of this title.
Commission
] for each of its outlets
legible copies of:
Commission
] a properly completed
LPG Form 505 certifying that the applicant will follow the testing procedures
indicated. The company representative designated on the licensee's LPG Form
1 shall sign the LPG Form 505.
Commission
] 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).
the Commission
]
a properly completed LPG Form 16 and the applicable
nonrefundable
rules
examination fee specified in §9.10 of this title (relating to Rules Examination);
The Commission
] shall notify licensees of any
of their
employees' pending
renewals
and
[
, or
] shall notify the individual if not
employed by a licensee, in writing, at the address on file with
AFRED
[
the Commission
] no later than March 15 of a year for the
May 31 renewal date of that year.
pay
]
the
nonrefundable
$35 annual certificate renewal fee to
AFRED
[
the Commission
] on or before May 31 of each year. Individuals
who hold more than one certificate shall pay only one annual renewal fee.
An employee of a state agency, county, municipality, school district, or other
governmental subdivision is not required to pay the annual certificate renewal
fee.
the Commission
] shall verify that the
individual's certification has not been suspended, revoked, or expired for
more than two years. After verification,
AFRED
[
the Commission
] shall renew the certification and the individual may continue or resume
LP-gas activities authorized by that certification.
§§9.51 - 9.53
] of this title (relating
to General Requirements for Training and Continuing Education
, and
[
;
] Training and Continuing Education Courses[
; and Continuing Education
Credit for Previous Courses
]).
has filed
]
LPG Form 16 and
pays
the applicable nonrefundable examination fee
may take the rules examination at the Commission's
AFRED Training Center,
6506 Bolm Road, Austin, Texas,
[
Austin office
] between the
hours of 8:00 a.m. and
12:00 noon
[
2:00 p.m.
], Monday
through Friday, except for state holidays, and at other designated times and
locations around the state.
Tuesdays and Thursdays are the preferred
days for examinations at the AFRED Training Center.
E and I
] management-level rules examination shall [
also
] be
administered only
[
offered
] in conjunction with the Category
E, F, G, I, and J management-level courses of instruction
[
E and
I training courses
].
Management-level rules examinations other
than Category E, F, G, I, and J may be administered on any scheduled examination
day.
(3)
] Exam fees.
E or I
] training course as specified in
§9.51(f)(2)(A)
[
§9.51(e)(2)(A)
] of this title (relating
to General Requirements for Training and Continuing Education) shall pay the
charge specified for the applicable examination.
30
] days of the
date an individual takes an examination,
AFRED
[
the Commission
] shall notify the individual of the results of the examination.
the Commission
] shall notify the individual of the
examination results within 14 days of the date
AFRED
[
the
Commission
] receives the results from the testing service. If the notice
of the examination results will be delayed for longer than 90 days after the
examination date,
AFRED
[
the Commission
] shall notify
the individual of the reason for the delay before the 90th day.
AFRED
[
The Commission
] may require a testing service to notify
an individual of the individual's examination results.
in writing
] by an
individual who failed the examination,
AFRED
[
the Commission
] shall furnish the individual with an analysis of the individual's
performance on the examination.
the Commission
] when a previously certified individual is hired by [
immediately
] filing LPG Form 16A and a
nonrefundable
$10 fee with
AFRED within 10 calendar days
[
the Commission
], or in lieu
of that form, the $10 fee and a written notice including the employee's name
as recorded on a current driver's license or Texas Department of Public Safety
identification card, employee social security number, names of the newly-hired
certified employee's previous and new employers, and types of LP-gas work
to be performed by the newly-hired certified employee.
and the applicable rules examination fee
] is on file with
AFRED
[
the Commission
] for each trainee at the time that
the trainee begins supervised LP-gas activities. The trainee shall then have
45 calendar days to pass the applicable rules examination.
examination exemption
card
] is issued by the
Section
[
Commission
].
(d)
] The
registration/examination
[
examination
] exemption accrues to the individual and is
nontransferable.
(e)
] Any individual granted such
exemption shall maintain
registered
[
certified
] status
at all times. Upon failure to maintain
registered
[
certified
] status, the individual shall immediately cease all affected LP-gas
activities until proper status has been regained.
(f)
] In order to maintain an exemption,
each individual issued
a registration/examination exemption certificate
[
an examination exemption card
] shall pay a $20 annual renewal
fee to the
Section
[
Commission
] on or before May 31
of each year. Failure to pay the annual renewal fee by May 31 shall result
in a lapsed exemption. If an individual's exemption lapses, that individual
shall cease all LP-gas activities until the exemption has been renewed. To
renew a lapsed exemption, the applicant shall pay the $20 annual renewal fee
plus a $20 late-filing fee. Failure to do so shall result in the expiration
of the
registration/examination
[
examination
] exemption.
If an individual's
registration/examination
[
examination
]
exemption has been expired for more than two years, that individual shall
complete all requirements necessary to apply for a new exemption.
(h)
] Any individual who is issued
this exemption agrees to comply with the current edition of the LP-Gas Safety
Rules. In the event the exempt individual surrenders, fails to renew, or has
the licensed revoked either by the Texas State Board of Plumbing Examiners
or the Department of Licensing and Regulation, that individual shall immediately
cease performing any LP-gas activities granted by this section. The [
examination
] exemption
certificate
[
card
] shall
be returned immediately to the
Section
[
Commission
]
and all rights and privileges surrendered.
Commission
] shall issue the license or license
renewal.
Commission
] within 30 calendar days
of the applicant's receipt of the notification of denial.
Commission
] shall
forward the request for a hearing to the Office of General Counsel for the
purpose of scheduling
[
schedule
] a hearing within 30 calendar
days following the receipt of the request for hearing to determine the applicant's
compliance or noncompliance with the licensing requirements for the category
or categories of license sought.
Commission
] finds by means including but not limited to
inspection, review of required documents submitted, or complaint by a member
of the general public or any other person, a probable or actual violation
of or noncompliance with the Texas Natural Resources Code, Chapter 113, or
the LP-Gas Safety Rules, the
Section or the Division
[
Commission
] shall notify the licensee or certified person of the alleged violation
or noncompliance in writing.
Commission
] determines the violation or noncompliance
may pose imminent peril to the health, safety, or welfare of the general public,
the
Section or the Division
[
Commission
] may notify
the licensee or certified person orally with instruction to immediately cease
the violation or noncompliance. When oral notice is given, the
Section
or the Division
[
Commission
] shall follow it with written
notification no later than five business days after the oral notification.
Commission
]
within the same time frame specified in the notice for correction or discontinuance.
Commission
] under this
section, that person may request a public hearing on the matter to be conducted
in compliance with the Texas Government Code, Chapter 2001, et seq., the general
rules of practice and procedure of the Railroad Commission of Texas, and the
LP-Gas Safety Rules. The request shall be in writing, shall refer to the specific
rules or statutes the licensee or certified person claims to have complied
with, and shall be received by the
Section or the Division
[
Commission
] within 30 calendar days of the licensee's or certified person's
receipt of the notice of violation or noncompliance.
The Section or Division
shall forward the request for hearing to the Office of General Counsel.
Commission
] determines that the licensee or certified person may not comply within
the specified time, the
Section or the Division
[
Commission
] may call a public hearing to be conducted in compliance with the Texas
Government Code, Chapter 2001, et seq., the general rules of practice and
procedure of the Railroad Commission of Texas, and any other applicable rules.
Commission
] designating the company representative
for the license and/or LPG Form 1A designating the operations supervisor for
each outlet.
shall
] be operations
supervisor at
more than one outlet provided each outlet has a designated
LP-gas certified employee who is responsible for the activities at that outlet
[
only one outlet
].
Commission
] in writing upon termination, for whatever reason, of its
company representative or any operations supervisor and shall at the same
time designate a replacement by submitting a new LPG Form 1 for a new company
representative or a new LPG Form 1A for a new operations supervisor.
(f)
] of this section.
(f)
] of this section.
(e)
] of this section, if applicable;
Commission
].
E and I
]. The assistant director
for the Section
may, upon written request, allow a conditional qualification for a
Category
E, F, G, I, or J
[
E or I
] company representative
or operations supervisor who passes the applicable management-level rules
examination provided that the individual attends and successfully completes
the next available Category
E, F, G, I, or J
[
E or I
]
training course, or one agreed on by the assistant director and the applicant.
The written request shall include a description of the individual's LP-gas
experience and other related information in order that the assistant director
may properly evaluate the request. If the individual fails to complete the
training requirements within the time granted by the assistant director, the
conditional qualification shall immediately be voided and the conditionally
qualified company representative or operations supervisor shall immediately
cease all LP-gas activities. Applicants for company representative or operations
supervisor who have less than three years' experience or experience which
is not applicable to the category for which the individual is applying shall
not be granted a conditional qualification and shall comply with the training
requirements in §9.52 of this title (relating to Training and Continuing
Education Courses) prior to the
Section
[
Commission
]
issuing a certificate.
Commission
] may accept the examination requirements
for LP-gas transport drivers from other states provided that the qualifying
state has entered into a reciprocal agreement with Texas as specified in this
section.
the Commission
].
AFRED
[
The
Commission
] shall provide a copy of the Texas examination to the other
state's LP-gas authority. The states shall review the materials to ensure
that they contain substantially equivalent requirements. If each state accepts
the requirements of the other state, both states shall sign the reciprocal
agreement.
assistant
] director or the [
assistant
] director's delegate.
The Commission
] shall maintain
a current list of all states participating in reciprocal agreements, a list
of participating states' applicable fees, and a list of all individuals who
have received a reciprocal examination exemption.
pay
] to
AFRED
[
the Commission
]
the nonrefundable employee-level rules examination fee and the annual certificate
renewal fee specified in §9.10 and §9.9 of this title (relating
to Rules Examination, and Requirements for Certificate Renewal, respectively).
the Commission
] to verify that they are properly and currently certified in their
state:
the Commission
]
for purposes of record-keeping and to comply with the requirements in Texas
Family Code Annotated §231.302(c) (Vernon 1996), which mandates disclosure
of Social Security numbers by applicants to assist in the administration of
laws relating to child support. Social Security numbers are subject to or
excepted from disclosure to the public in accordance with Texas Government
Code, Chapter 552.
Commission-issued
] wallet certification cards showing their
annual certification as their written proof when applying to other states
for reciprocal examination exemptions.
the Commission
] may issue reciprocal examination exemptions only for
LP-gas transport driver examinations. For purposes of reciprocal agreements,
a "transport" is defined as a
cargo tank motor vehicle of more than 5,000
gallons water capacity
[
semitrailer
].
Commission
] prior to the issuance of such license, certifying that its
Texas franchise taxes are current or such taxes are not applicable to the
company. An applicant may file a Certificate of Account Status issued by the
Office of the Comptroller of Public Accounts with the
Section
[
Commission
] as an alternative to filing the LPG Form 26.
Commission
].
Commission
] by filing a
properly completed LPG Form 1 prior to engaging in any LP-gas activities at
that dealership or outlet which require an LP-gas license.
Commission
] in writing
and shall immediately cease all LP-gas activities of the previously existing
dealership which require an LP-gas license and shall not resume until the
Section
[
Commission
] issues an LP-gas license to the successor
in interest.
Commission
] in
writing of the change in business entity.
Commission
] as follows prior to engaging
in any LP-gas activities under the new name. The licensee shall file:
or
] Transfer
of LP-Gas Transports or Container Delivery Units); and
Commission
]
may grant a temporary exception not to exceed 30 calendar days to the examination
requirement for company representatives and operations supervisors. An applicant
for a temporary exception shall agree to comply with all applicable safety
requirements.
Commission
] grants or renews a license, an applicant
shall submit either:
Commission
] shall have one of the endorsements specified in Table 1
of this section attached to the policy, and the endorsements shall not be
canceled without cancellation of the policy to which they are attached.
Commission
] written
notice 30 calendar days before the insurance cancellation. The 30-day notice
commences to run from the date the notice is actually received by the
Section
[
Commission
].
Commission
] before hiring any person
as a dealership employee.
Commission
] before operating a motor vehicle equipped with an LP-gas cargo container
or transporting LP-gas by vehicle in any manner.
Commission
] before engaging in any operations that require completed operations
and/or products liability insurance.
Commission
] before engaging in any operations that require general liability insurance.
Commission
] as evidence of self-insurance, if permitted by the Texas
Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code, §113.097.
Commission
] a properly
completed LPG Form 28, Notice of Election to Self-Insure Per Rule 9.26 (created
11/02) and a properly completed LPG Form 28-A, Bank Declarations Regarding
Irrevocable Letter of Credit (created 11/02). The licensee or license applicant
shall attach to the LPG Form 28-A any documentation necessary to show that
the bank issuing the irrevocable letter of credit meets the requirements in
paragraph (5)(E) of this subsection.
Gas Services Division,
LP-Gas Section,
] in writing of the incident. The licensee shall include
in the notification a list of the names and addresses of any individuals known
to the licensee who may have suffered losses in the incident. The licensee
shall also provide written notice to all such individuals of the licensee's
status as being self-insured and of the expiration date of the licensee's
letter of credit.
Commission
].
Commission
] in comprehending the requested exception;
Commission
]. The applicant shall include a notice to the
affected entities that any objection shall be filed with the
Division
[
Commission
] within 18 calendar days of postmark or other
delivery of the application. The applicant shall file all return receipts
with the
Division
[
Commission
] as proof of notice.
Commission
] may require
an applicant to give notice to persons in addition to those listed in paragraphs
(2) and (3) of this subsection if doing so will not prejudice the rights of
any entity.
Commission
] within 18 calendar
days of the postmark of the application, and shall be based on facts that
tend to demonstrate that, as proposed, the exception would have an adverse
effect of public health, safety, or welfare. The Commission may decline to
consider objections based solely on claims of diminished property or esthetic
values in the area.
Commission
] shall review
the application within 21 business days of receipt of the application. If
the
Division
[
Commission
] does not receive any objections
from any affected entities as defined in subsection (c) of this section, the
director of the [
Gas Services
] Division or the director's delegate
may administratively grant the exception if the director determines that the
installation, as proposed, does not adversely affect the health or safety
of the public. The
Division
[
Commission
] shall notify
the applicant in writing by the end of the 21-day review period and, if approved,
the installation shall be installed within one year from the date of approval.
The
Division
[
Commission
] shall also advise the applicant
at the end of the objection period as to whether any objections were received
and whether the applicant may proceed. If the director of the [
Gas Services
] Division or the director's delegate denies the exception, the
Division
[
Commission
] shall notify the applicant in writing,
outlining the reasons and any specific deficiencies. The applicant may modify
the application to correct the deficiencies and resubmit the application along
with a $30 resubmission fee, or may request a hearing on the matter. To be
granted a hearing, the applicant shall file a written request for hearing
within 14 calendar days of receiving notice of the administrative denial.
Commission
] receives an objection as set out in subsection (d) from
any affected entity, or when the applicant requests one following an administrative
denial. The
Division
[
Commission
] shall mail the notice
of hearing to the applicant and all objecting entities by certified mail,
return receipt requested, at least 21 calendar days prior to the date of the
hearing. Hearings will be held in accordance with the Texas Government Code,
Chapter 2001, et seq., the general rules of practice and procedure of the
Railroad Commission of Texas, and the LP-Gas Safety Rules.
Commission
] of an incomplete request.
The applicant may resubmit an application request.
Commission
] shall apply and require
any reasonable safety provisions to ensure the LP-gas installation is safe
for LP-gas service. If the affected entity disagrees with the
Division's
[
Commission's
] determination, the entity may request a hearing.
The installation shall not be placed into LP-gas operation until the Commission
has determined that the installation is safe for LP-gas service.
Commission
] by telephone of any event involving LP-gas which:
damage to
] the LP-gas installation
on any vehicle propelled by or transporting LP-gas; or
.
]
Commission
]. The report shall be postmarked
within 14 calendar days of the date of initial notification to the
Division
[
Commission
], or within five business days of receipt of
the fire department's report, whichever occurs first, unless the
Division
[
Commission
] grants authorization for a longer period of
time when additional investigation or information is necessary.
Commission
] shall review LPG Form 20 and notify in writing
the person submitting the LPG Form 20 if the report is incomplete and specify
in detail what information is lacking or needed. Incomplete reports may delay
the resumption of LP-gas activities at the involved location.
Commission
] as specified in this section.
Commission
] determines that any LP-gas container or installation constitutes
an immediate danger to the public health, safety, and welfare, the
Division
[
Commission
] shall require the immediate removal of liquid
and vapor LP-gas and/or the immediate disconnection by a properly licensed
company to the extent necessary to eliminate the danger. This may include
appliances, equipment, or any part of the system including the servicing container.
A warning tag shall be installed by the
Division
[
Commission
] until the unsafe condition is remedied. Once corrected, the tag shall
be removed by the
Division
[
Commission
].
Commission
] determines
that any LP-gas container or installation does not comply with the Texas Natural
Resources Code, Chapter 113, or the LP-Gas Safety Rules, but does not constitute
an immediate danger to the public health, safety, and welfare, the
Division
[
Commission
] shall take action to ensure that the container
or installation comes into compliance as soon as practicable.
Division
[
Commission
] action may include the placement of a warning
tag. Once the container or installation complies with Texas Natural Resources
Code, Chapter 113, and the LP-Gas Safety Rules, the
Division
[
Commission
] may remove or delegate the removal of the warning tag.
Commission's
] decision within 10
calendar days. The
Division
[
Commission
] shall notify
such entity of its finding, in writing, stating the deficiencies, within 10
business days. If the entity disagrees, the entity may request or the
Division
[
Commission
] on its own motion may call a hearing.
Such installation shall be brought into compliance or removed from service
until such time as the final decision is rendered by the Commission.
Commission
] by
mail, telephone, electronic mail, or facsimile transmission (fax). When possible,
the person shall make the report using LPG Form 22. If a person makes a report
of unsafe or noncompliant LP-gas activities to the
Division
[
Commission
] without using LPG Form 22, the
Division
[
Commission
] shall complete the LPG Form 22. Within five business days
of receipt of such report, the
Division
[
Commission
]
shall notify the licensee and any other applicable persons in writing regarding
the report and specify the reported violations, if any.
for leakage
] is performed on the LP-gas
piping system in each school district facility as specified in this section.
Commission
] specifying the
date and the result of each pressure test [
or other inspection
]
of the LP-gas piping system within one week of the date each test is performed.
Commission
] shall maintain
a copy of each school district's written notice under subsection (b)(4) of
this section for at least one year from the date the
Division
[
Commission
] receives the notice.
Commission
] shall assist the district in providing for
the certification of an employee of the school district or school, as applicable,
to conduct the test and in developing a procedure for conducting the test.
Commission
] shall enforce
the provisions of this rule pursuant to Texas Natural Resources Code, Chapter
113.
leakage
] tests as required by this section at least once every two years
beginning with the 2002-2003 school year.
leakage
] tests before the beginning of the 2002-2003 school
year. In the case of a year-round school, a school district shall ensure that
the pressure test in each of those facilities is conducted and reported not
later than July 1 of the year in which the test is performed, with the first
test due by July 1, 2002.
LP-Gas Safety Section
].
or
] K
, or M
management-level
certificates and certain employee-level certificates.
, properly complete
any AFT,
] and pay any training or continuing education course fees in
full. The Commission shall not award partial credit for partial attendance.
Commission
] LP-gas training and continuing education classes
can be obtained in the Austin offices of [
the Gas Services Division and
] AFRED, and on the Commission's web site at www.rrc.state.tx.us and
shall be updated
at least
monthly.
AFRED
[
Commission
] classes shall be conducted in Austin and in other locations around
the state. Individuals or companies may request in writing that
AFRED
[
Commission
] classes be taught in their area.
AFRED
[
The Commission
] shall schedule its classes and locations
at its discretion.
and
] I
, and J
class; and
and
] I
, and J
class
fees do not include the management-level rules examination or license fee
described in §9.6 and §9.10 of this title (relating to Licenses
and Fees, and Rules Examination, respectively).
or
] I
or J
shall not be required to pay the $75 class fee.
The Commission
] may charge
reasonable fees for materials for classes using third-party materials.
The Commission
] shall schedule
individuals to attend classes on a first-come, first-served basis, except
as follows:
and
] I
, and J
class, and the 80-hour Category E class is
based on when the class fee is paid.
and
] I
, and J
class, and the 80-hour Category
E class shall be given to applicants or certificate holders who must comply
with training or continuing education requirements by the next May 31 deadline.
the
Commission
] may cancel the class and
may
[
shall either
refund any class registration fees or shall
] reschedule the registered
individuals in another class agreed upon by the individuals and the AFRED
training section. The AFRED training section reserves the right to determine
class sizes for all classes.
the Commission
] shall comply with the registration,
fee, and other requirements specified by that entity.
the LP-Gas Safety Section
] of any discrepancies or errors in examination records or certification
cards. In the event of a discrepancy,
AFRED's
[
the Commission's
] records, including due dates, shall be deemed correct unless the individual
has copies of applicable documents which clarify the discrepancy.
or
] I
, or J
management-level individuals and except as stated in paragraph (4)
of this subsection, shall attend at least eight hours of training prior to
their first certificate renewal deadline of May 31 of the appropriate year.
Applicants for Category D, E, F, G, I, J, [
or
] K
, or M
management-level
certification shall attend the course or courses specified for the category.
Category E applicants shall attend the 80-hour class; Category F, G, [
and
] I
, and J
applicants shall attend the 16-hour class;
and all other applicants shall attend an eight-hour class.
A certificate
holder's training deadline shall not be extended if that individual retakes
and passes an examination for the current category and level of certification.
A training deadline shall be extended only after a certificate holder successfully
completes an applicable training class.
(H)
]
Bobtail
[
Delivery
truck
] employee-level;
(I)
] DOT portable cylinder filler
employee-level;
(J)
] Service and Installation employee-level;
(K)
] Appliance service and installation
employee-level; [
and
]
(L)
] Motor/mobile fuel dispensing
employee-level
; and
[
.
]
(viii)
]
Bobtail
[
Delivery truck
] employee-level;
(ix)
] DOT portable cylinder filler
employee-level;
(x)
] Service and Installation employee-level;
(xi)
] Appliance service and installation
employee-level; [
and
]
(xii)
] Motor/mobile fuel dispensing
employee-level
; and
[
.
]
or
] K
, or M
certificate
or a recreational vehicle technician
certificate
and who have more than one certification as of
February
1, 2001,
[
the effective date of this section
] shall complete
their continuing education requirement by the continuing education deadline
assigned for the initial certificate.
Commission-taught
] classes shall receive a copy of the
class materials at no charge. Additional copies may be purchased from
AFRED
[
the Commission
] at the established price.
a Commission-taught
] class. Individuals
shall retain the certificates as proof of completion of the class.
approved Commission
] outside instructor to complete the AFT and maintain
the LP-gas certification.
or
] I
, or J
management-level
class shall perform any required AFT activities during the class.
The Commission
] may approve
and award training or continuing education credit for the management-level
and employee-level applicants and certificate holders specified in this section
offered by an outside instructor provided the outside instructor complies
with the requirements of this section.
delivery truck
], service and
installation, and appliance service and installation applicants and employee-level
certificate holders.
Commission
] review by an outside instructor applicant
shall be printed or typewritten, organized, and easily readable, and shall
remain confidential within the limits of Tex. Gov't Code, Chapter 552 (Public
Information Act).
Commission's
]
curricula and materials are available from
AFRED
[
the Commission
] at a reasonable cost.
the Commission
]:
or E
] current certification card or, in the case of Category D only,
a copy of the master or journeyman plumber/class A or B
registration/examination
exemption certificate
[
exemption card
] issued by the
License and Permit Section of the Gas Services Division
[
LP-Gas
Safety Section
];
Commission's
] course materials;
the
Commission's
] course or courses on the same topic or topics, and shall
include all applicable current LP-gas regulations for Texas. Courses not offered
by
AFRED
[
the Commission
] may be approved if the courses
are equal or greater in overall quality to other approved courses.
Commission
] review.
AFRED
[
the Commission
] shall review the application for approval
as an outside instructor and, within 14 business days of the filing of the
application, shall notify the applicant in writing that the application is
approved, denied, or incomplete. If an application is incomplete,
AFRED's
[
The Commission's
] notice of deficiency shall identify the
necessary additional information, including any deficiencies in course materials.
The outside instructor applicant shall file the necessary additional information
within 30 calendar days of the date of
AFRED's
[
the Commission's
] notice of deficiency. The outside instructor applicant's failure to
file the necessary additional information within the prescribed time period
may result in the dismissal of the outside instructor's application and the
necessity of the outside instructor applicant again paying the non-refundable
$300 registration fee for each subsequent filing of an application.
the Commission
] shall attend
AFRED's
[
the Commission's
] Train-the-Trainer Course, the fee for which is included in the $300
registration fee. The Train-the-Trainer Course shall include classroom instruction
and the subject-matter examinations for each course for which the applicant
seeks approval to conduct. An outside instructor applicant shall pass the
subject-matter examination for each course with a score of at least 85 percent
and shall attend the subject-matter courses for which the applicant seeks
approval to conduct.
the Commission
] shall notify the applicant in writing
that the applicant is approved as an outside instructor and the outside instructor
may then begin offering the courses for which
AFRED
[
the Commission
] approved the outside instructor.
Commission
]
approval of an outside instructor remains valid for three years unless the
Commission revokes the approval pursuant to subsection (l) of this section.
Commission-approved
] LP-gas classes, an outside instructor
shall renew his or her
AFRED
[
Commission
] approval every
three years by paying a
nonrefundable
$150 renewal fee to
AFRED
[
the Commission
] and attending a Train-the-Trainer
refresher class prior to the outside instructor's next renewal deadline.
the Commission
] shall submit the revisions in writing, along with a
nonrefundable
$100 review fee to
AFRED
[
the Commission
], and shall not use the materials in a course until the outside instructor
has received written
AFRED
[
Commission
] approval.
AFRED
[
The Commission
] shall review the revised course materials
and, within 14 business days, shall notify the outside instructor in writing
that the revised course materials are approved or not approved. If the revised
course materials are not approved,
AFRED's
[
the Commission's
] notice shall identify the portion or portions that are not approved
and/or shall describe any deficiencies in the revised course materials. The
outside instructor shall file any necessary additional information within
30 calendar days of the date of
AFRED's
[
the Commission's
] notice of disapproval. The outside instructor's failure to file the
necessary additional information within the prescribed time period may result
in the dismissal of the outside instructor's request for approval of revised
course materials and the necessity of again paying the $100 review fee for
each subsequent filing of revised course materials.
or
E
] certificate or Category D
registration/examination exemption
certificate
[
exemption card
] in continuous good standing.
The Train-the-Trainer class shall not count as credit towards any training
or continuing education requirements. Any interruption of the required Category
D
, E, or M
[
or E
] certification or Category D
registration/examination exemption certificate
[
exemption card
] may result in the Commission revoking the outside instructor's approval;
the Commission
]
within three business days of the conclusion of a class the names, social
security numbers, and any other information required by
AFRED
[
the Commission
], of the persons completing the class. The report shall
be made by electronic mail (e-mail) in an electronic format provided by
AFRED
[
the Commission
]. The outside instructor shall ensure
that
AFRED
[
the Commission
] receives the report by securing
written acknowledgment of its receipt by
AFRED
[
the Commission
]. This acknowledgment may be by return electronic mail (e-mail) or
by facsimile transmission (fax).
The Commission
] shall not monitor or supervise the actual class presentations
by outside instructors.
AFRED
[
The Commission
] is not
obligated to gather, maintain, or distribute information about outside instructors'
course offerings, other than the names, telephone numbers, and addresses of
approved outside instructors and the date on which an outside instructor's
approval would expire, absent renewal.
AFRED
[
The Commission
] may refuse to issue or renew a certificate for an individual who presents
for [
Commission
] credit an unapproved class; a class taught by
an unapproved outside instructor; or a class taught using unapproved, incomplete,
or incorrect materials.
the Commission
] in writing by electronic mail
(e-mail), facsimile transmission (fax), or U. S. Postal Service; shall include
the printed name, address, telephone number, and, if filed by fax or U.S.
Postal Service, the signature of the person complaining; shall state the outside
instructor's name, the date, location, and title of the course; and shall
set forth the facts that the complainant alleges demonstrate that the outside
instructor:
Commission
] requirements for outside instructor approval;
the Commission
] may gather any additional information
necessary or appropriate to making a full and complete analysis of the complaint.
AFRED
[
The Commission
] shall deliver a written copy of the
analysis and any findings by certified mail to the outside instructor who
is the subject of the complaint. The outside instructor may file a written
response within 20 calendar days from the date the findings are postmarked.
the Commission
] determines
that an outside instructor has engaged in conduct prohibited by this section,
AFRED
[
the Commission
] may prepare a report that states the
facts on which the determination is based and the recommendation as to the
action
AFRED
[
the Commission
] intends to take.
AFRED
[
The Commission
] may issue a written warning to the
outside instructor; decline to approve or renew the outside instructor's approval;
or revoke the outside instructor's approval.
The Commission
] shall mail
a copy of the report and recommendation to the outside instructor by certified
mail and shall include a statement that the outside instructor has a right
to a hearing on the determination contained in the report.
the Commission
] in writing
of the acceptance, and
AFRED
[
the Commission
] shall
take the action indicated in the report.
Subchapter B. STATIONARY INSTALLATIONS AND CONTAINER REQUIREMENTS
10
] calendar days following
the completion of a container installation, the licensee shall submit LPG
Form 501 to the
Gas Services Division (the Division)
[
Commission
] stating:
$20
] fee shall be required for
any resubmission.
Commission
] shall review
the submitted information within 21 business days of receipt of all required
information and shall notify the applicant in writing of any deficiencies.
LP-gas operations may commence prior to the submission of LPG Form 501 if
the facility is in compliance with the LP-Gas Safety Rules.
Commission
] at least 30 days prior to construction
if the applicant is required to give notice as described in §9.102 of
this title (relating to Notice of Stationary LP-Gas Installations):
Commission
] shall determine whether the proposed installation constitutes a danger
to the public health, safety, and welfare.
Commission
] may impose
restrictions or conditions on the proposed LP-gas installation based on one
or more of the following factors:
Commission
] shall apply and require any
reasonable safety provisions to ensure the LP-gas installation is safe for
LP-gas service. If the affected entity disagrees with the
Division's
[
Commission's
] determination, the entity may request a hearing.
The installation shall not be placed into LP-gas operation until the
Division
[
Commission
] has determined that the installation
is safe for LP-gas service.
Commission
] shall notify
the applicant in writing outlining its findings. If the application is administratively
denied, the applicant may modify the submission and resubmit it or request
a hearing on the matter in accordance with the General Rules of Practice and
Procedure of the Railroad Commission of Texas.
Commission
]. Upon completion
of a field inspection as specified in §9.109 of this title (relating
to Physical Inspection of Stationary LP-Gas Installations), the operator,
pending the inspection findings, may commence LP-gas operations of the facility.
Commission
]
may request LPG Form 5, LPG Form 8, or any other documentation or information
pertinent to the installation in order to determine compliance with the LP-Gas
Safety Rules.
Commission
]. The
Division
[
Commission
] shall consider the notice to be sufficient
when the applicant has provided evidence that copies of a complete application
have been mailed or otherwise delivered to all real property owners. The applicant
may obtain names and addresses of owners from current county tax rolls.
Commission
] considers
notice to be in the public interest.
§9.107(a)(2)
] of this title
(relating to Hearings on Stationary LP-Gas Installations) with the
Safety
Division (the Division)
[
Commission
]. An objection is considered
timely filed when it is actually received by the Commission.
Commission
] shall review
all objections within 10 business days of receipt. An objection shall be in
writing and shall include a statement of facts showing that the proposed installation:
Commission
] shall either:
Commission's
]
letter to file its corrected objection. Clarification of incomplete or nonsubstantive
objections shall be limited to two opportunities. If new objections are raised
in the objecting party's clarification, the new objections shall be limited
to one notice of correction.
Commission
] shall call a public hearing if:
Commission
] receives
an objection that complies with §9.103 of this title (relating to Objections
to Proposed Stationary LP-Gas Installations); or
Commission
] determines
that a hearing is necessary to investigate the impact of the installation.
Commission
] shall give notice of the public hearing at least 21 calendar
days prior to the date of the hearing to the applicant and to all real property
owners who were required to receive notice of the proposed installation under §9.102
of this title (relating to Notice of Stationary LP-Gas Installations).
Commission
] in writing when the installation is ready for inspection.
If the
Division
[
Commission
] does not physically inspect
the facility within 30 calendar days of receipt of notice that the facility
is ready for inspection, the facility may operate conditionally until the
initial complete inspection is made. If any safety rule violations exist at
the time of the
Division's
[
Commission's
] initial inspection,
the installation may be required to cease LP-gas operations until the violations
are corrected.
Commission
] shall
conduct an inspection as soon as possible to verify that the installation
described is in compliance with the LP-Gas Safety Rules. The facility may
be operated prior to inspection if it is in compliance with the LP-Gas Safety
Rules. If any LP-gas statute or safety rule violation exists at the time of
the first inspection at a commercial installation, the subject container,
including any piping, appliances, appurtenances, or equipment connected to
it may be immediately removed from LP-gas service until the violations are
corrected.
Commission
] determines the completed installation varies materially from the application
originally accepted, correction of the variance and notification to the
Division
[
Commission
] or resubmission of the application
is required. The review of such resubmitted application shall comply with §9.101
of this title (relating to Filings Required for Stationary LP-Gas Installations).
Commission
] inspection identifies violations
requiring modifications by the applicant, the
Division
[
Commission
] shall consider the assessment of an inspection fee to cover the costs
associated with any additional inspection, including mileage and per diem
rates set by the legislature.
Commission
] may
waive the requirement for the initial complete inspection for a limited time
period in order to meet the emergency need. LP-gas shall not be introduced
into the container and it shall not be placed into LP-gas service until the
Division
[
Commission
] grants permission to do so.
and
] transfer equipment
, gas utilization equipment, and appliances
shall be maintained in
safe
working order
and
in
accordance with the manufacturer's instructions and the LP-Gas Safety Rules.
If
any one of the
LP-gas storage containers, valves, dispensers,
accessories, piping, [
and
] transfer equipment
, gas utilization
equipment, and appliances
is not in
safe
working order, the
Safety Division may require that the
installation [
shall
]
be immediately removed from LP-gas service and [
shall
] not be operated
until the necessary repairs have been made.
Commission
] may require that
the licensee or operator of the container send a copy of the manufacturer's
data report on that container to the
Division
[
Commission
]. The
Division
[
Commission
] may also require
that the container and equipment be examined by a Category A, B, or O licensee,
with a comprehensive report on the findings submitted to the
Division
[
Commission
] for its consideration. This subsection may
be applied even though an acceptable LPG Form 23 has been received.
Commission
] on LPG Form 8.
Commission
]
at the time LPG Form 500 is submitted for any facility requiring submission
of a site plan in accordance with §9.101 of this title (relating to Filings
Required for Stationary LP-Gas Installations).
Commission
], unless that container
is owned by a valid licensee. In this case, the
Division
[
Commission
] may determine that such tests are not necessary upon the
receipt of an acceptable LPG Form 23 from the licensee.
.
]
furnished
] copies to the
Safety Division
[
Commission
].
Commission
] when a replacement nameplate is affixed.
Commission
] may remove
a container from LP-gas service or require ASME acceptance of a container
at any time if the
Division
[
Commission
] determines
that the nameplate, in any form defined in subsection (a)(1) - (4) of this
section, is loose, unreadable, or detached, or if it appears to be tampered
with or damaged in any way and does not contain at a minimum the items defined
in subsection (d) of this section.
Commission
] shall review LPG Form 502 and the supporting documentation. The
Division
[
Commission
] shall have the manufacturer's data
report on file for the container or the licensee shall provide a copy to the
Division
[
Commission
]. The Commission identification nameplate
shall not be issued unless the manufacturer's data report is reviewed. Upon
review of submitted documents and confirmation of the manufacturer's data
report, the
Division
[
Commission
] shall mail a letter
to the owner or operator of the container stating the estimated costs, which
will be based on the following:
including mileage and per diem rates set by the legislature;
and
]
Commission
] before
the
Division
[
Commission
] will proceed. Within 15 business
days of receipt of all required documents and fees, the
Division
[
Commission
] shall:
assistant director
]; and
Commission
] shall proceed with the attachment of the nameplate.
Commission
] shall notify the applicant in writing, in clear and specific
language, of the outcome of the
Division's
[
Commission's
]
review.
Commission's
] review of any required tests and payment of all other amounts due
in addition to the previously-paid estimated costs, and when all requirements
have been met, the
Division
[
Commission
] shall issue
an identification nameplate for the container.
Commission
] has received the final
paperwork for the Commission employee who attached the nameplate. The
Division
[
Commission
] shall mail a letter to the owner or
operator of the container stating the date on which the nameplate is valid.
Commission
] may remove such a container from service as specified in §9.129(i)
of this title (relating to Manufacturer's Nameplate and Markings on ASME Containers).
Commission's
] travel and research
costs will be refunded only if the
Division's
[
Commission's
] research shows that the nameplate cannot be issued. Otherwise, these
fees will be nonrefundable if these activities have taken place before the
Commission employee inspects a container and finds that a nameplate cannot
be issued.
or
] for installation
without determining that such container will be installed by a licensee authorized
to perform such installation.
, provided the piping system complies with the LP-Gas Safety Rules
].
(c)
] of this section. The
fencing and guardrailing requirements also do not apply to the following:
Commission
] as self-contained units. Self-contained units
shall be protected as specified in subsection (d) of this section;
required
] directly in front of a
bulkhead, shall not exceed three feet. Only one opening is allowed on each
side of the guardrailing. A means of temporarily removing the horizontal guardrailing
and vertical supports to facilitate the handling of heavy equipment may be
incorporated into the horizontal guardrailing and vertical supports. In no
case shall the protection provided by the horizontal guardrailing and vertical
supports be decreased. Transfer hoses from the bulkhead shall be routed only
through the 45-degree opening in front of the bulkhead or over the horizontal
guardrailing.
Commission
] at
its own discretion may require an installation to be protected with added
safeguards to adequately protect the health, safety, and welfare of the general
public. The
Division
[
Commission
] shall notify the person
in writing of the additional protection needed and shall establish a reasonable
time period during which the additional protection shall be installed. The
licensee shall ensure that any necessary extra protection is installed. If
a person owning or operating such an installation disagrees with the
Division's
[
Commission's
] determination made under this subsection,
that person may request a public hearing on the matter. The installation shall
either be protected in the manner prescribed by the
Division
[
Commission
] or removed from service with all product withdrawn from
it until the
Division's
[
Commission's
] final decision.
six-inch-high
] cement parking wheelstop is installed on the driveway or parking space
at least 12 inches from the curb
;
48
] inches or more.
Commission
] at its own discretion may
require an installation to be protected with added safeguards to adequately
protect the health, safety, and welfare of the general public. The
Division
[
Commission
] shall notify the person in writing of the specific
additional protection needed and shall establish a reasonable time period
during which the additional protection shall be installed. The licensee shall
ensure that any necessary extra protection is installed. If a person owning
or operating such an installation disagrees with the
Division's
[
Commission's
] determination made under this subsection, that person
may request a public hearing on the matter. The installation shall either
be protected in the manner prescribed by the
Division
[
Commission
] or removed from service with all product withdrawn from it until the
Division's
[
Commission's
] final decision.
Commission
] disapproves of a certain color, the licensee or ultimate
consumer shall provide to the
Division
[
Commission
]
information from the container or paint manufacturer stating specific reasons
why the color is heat-reflective and should be approved. The
director
of the Division
[
assistant director
] shall make the final
determination and shall notify the licensee or ultimate consumer.
Commission
] may request information necessary to determine
the qualification of any testing laboratory or individual.
Commission
] may require that the LP-gas be removed immediately from
the container or that the container be removed immediately from LP-gas service.
§3.2.2 and the entries
for §3.2.2.7 and §5.4.1 as indicated in the table in §9.403
of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and
Adopted with Changes, Additional Requirements, or Corrections)
] and
any other applicable requirements in NFPA 58 or the LP-Gas Safety Rules.
§3.2.10.11
], effective February
1, 2001, new stationary LP-gas installations with individual or aggregate
water capacities of 4,001 gallons or more, including licensee and nonlicensee
locations, shall install a vertical bulkhead and pneumatically-operated internal
valves and pneumatically-operated emergency shutoff valves (ESVs), as required
in this section and in the table in §9.403 of this title (relating to
Sections in NFPA 58 Not Adopted by Reference, and Adopted With Changes, Additional
Requirements, or Corrections) for NFPA 58, §§3.2.18.1
and
[
,
] 3.3.3.6[
, and 3.11.3
].
In lieu of a pneumatically-operated
internal valve or a pneumatically-operated ESV, a back check valve where the
flow is into the container only may be installed.
[
The filling
of a container solely through a 1 3/4 inch double back check filler valve,
directly installed in the container, and withdrawal of LP-gas through a commercially
manufactured liquid evacuation valve, is exempt from the requirements of this
section.
]
The filling of a container solely through a 1 3/4 inch
double back check filler valve, directly installed in the container, and withdrawal
of LP-gas through a commercially manufactured liquid evacuation valve, is
exempt from the requirements of this section.
]
the
] container or containers
and a
minimum of 10 feet horizontally from any portion of a container or valve exposed
aboveground on any underground or mounded container
. If the 10-foot
distance cannot be obtained, the licensee or nonlicensee shall inform the
Safety Division (the Division)
[
Commission
] in writing and
include all necessary information. The
Division
[
Commission
] may grant administrative distance variances to a minimum distance
of five feet. If the licensee or nonlicensee requests that the bulkhead be
closer than five feet to the container or containers, the licensee or nonlicensee
shall apply for an exception to a safety rule as specified in §9.27 of
this title (relating to Application for an Exception to a Safety Rule);
28 inches or less above ground level and shall be
] six-inch standard
weight steel channel iron. The channel iron shall be installed so the channel
portion is pointing downward to prevent accumulation of water or other debris
. The height of the top crossmember above ground shall not result in torsional
stress on the vertical supports of the bulkhead in the event of a pullaway
;
Commission
] may require
additional bulkhead protection if the installation is subject to exceptional
circumstances or located in an unusual area where additional protection is
necessary to protect the health, safety, and welfare of the general public.
Commission
] may require a pneumatically-operated internal
valve equipped for remote closure and automatic shutoff through thermal (fire)
actuation to be installed for certain liquid and/or vapor connections with
an opening of 3/4 inch or one inch in size.
Subchapter C. VEHICLES AND VEHICLE DISPENSERS
"Manholes and valves closed. A person may not drive
a cargo tank and a motor carrier may not permit a person to drive a cargo
tank motor vehicle containing a hazardous material regardless of quality unless
all manhole closures are closed and secured, and all valves and other closures
in liquid discharge systems are closed and free of leaks."
]
Commission
] in the name or names under which the operator conducts business in
Texas prior to the unit being used in LP-gas service.
Commission
] the
$270 registration fee for each bobtail truck, semitrailer, container delivery
unit, or other motor vehicle equipped with LP-gas cargo tanks; and
Commission
] the
$270 registration fee;
Commission
] may also
request that an operator registering or transferring any unit:
Commission
] shall issue LPG Form 4
which shall be properly affixed in accordance with the placement instructions
on the form. LPG Form 4 shall authorize the licensee or ultimate consumer
to whom it has been issued and no other person to operate such unit in the
transportation of LP-gas and to fill the transport containers.
Commission
].
Commission
].
Commission
] shall not
issue an LPG Form 4 if
:
Commission
]
or a Category A, B, or O licensee determines that the transport is unsafe
for LP-gas service
;
[
.
]
Commission
] is destroyed, lost, or damaged,
the operator of that vehicle shall obtain a replacement decal by filing LPG
Form 18B and a $50 replacement fee with the
Section
[
Commission
].
Commission
] in writing on LPG Form 503 that
the applicable LP-gas powered vehicles are ready for a complete inspection
to determine compliance with the LP-Gas Safety Rules.
Commission's
] initial
complete inspection finds the vehicle in compliance with the LP-Gas Safety
Rules and the statutes, the vehicle may be placed into LP-gas service. For
fleet installations of identical design, an initial inspection shall be conducted
prior to the operation of the first vehicle, and subsequent vehicles of the
same design may be placed into service without prior inspections. Inspections
shall be conducted within a reasonable time frame to ensure the vehicles are
operating in compliance with the LP-Gas Safety Rules . If violations exist
at the time of the initial complete inspection, the vehicle shall not be placed
into LP-gas service and the manufacturer, licensee, or ultimate consumer making
the installation or conversion shall correct the violations. For public transportation
vehicles only, either manufactured to use or converted to LP-gas, if the
Division
[
Commission
] does not conduct the initial inspection
of such vehicle within 30 business days of receipt of LPG Form 503, the vehicle
may be operated in LP-gas service if it complies with the LP-Gas Safety Rules.
The manufacturer, licensee, or ultimate consumer shall file with the
Division
[
Commission
] documentation demonstrating compliance
with the LP-Gas Safety Rules, or the
Division
[
Commission
] shall conduct another complete inspection before the vehicle may be
placed into LP-gas service.
Commission
]
inspection identifies violations requiring modifications by the manufacturer,
licensee, or ultimate consumer, the
Division
[
Commission
]
shall consider the assessment of an inspection fee to cover the costs associated
with any additional inspection, including mileage and per diem rates set by
the legislature.
Commission
] shall be tested in accordance with 49 CFR
180.407,
relating to requirements for test and inspection of specification cargo tanks
. The tests shall be conducted by a Category A, B, or O licensee. This
section shall not apply to the initial transfer of unregistered units that
are tested and transferred from another state. If the test results show any
unsafe condition,
or if the transport unit does not comply with 49 CFR
Parts 100-185,
the transport container unit shall be immediately removed
from LP-gas service
and
[
. The unit
] shall not be returned
to LP-gas service until all necessary repairs have been made and the
Section
[
Commission
] authorizes in writing its return to
service.
Commission
] shall determine whether
the name marked on the unit is sufficient to properly identify the licensee
or ultimate consumer.
Subchapter D. ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)
and Liquefied Natural Gas (LNG)
]).
and
] tested only by persons
properly licensed or certified by the Commission.
or
] testing of an LP-gas piping
system, the licensee shall attach to the end of the piping nearest the container
a decal or tag of metal or other permanent material indicating the following
information:
Commission
] or a person or certification school authorized
by the
Division
[
Commission
]. The certification shall
confirm that the individual has a working knowledge of heat-fusion methods
and the ability to properly perform the heat-fusion activity.
Subchapter E. ADOPTION BY REFERENCE OF NFPA 58 (LP-GAS CODE)
Subchapter F. ADOPTION BY REFERENCE OF NFPA 51 (STANDARD FOR THE DESIGN AND INSTALLATION OF OXYGEN-FUEL GAS SYSTEMS FOR WELDING, CUTTING, AND ALLIED PROCESSES)
Part 9.
TEXAS LOTTERY COMMISSION
52
].
52
] numbers and one number is selected from the second
field of
46
[
52
] numbers.
52
] numbers
and the second field of 46 numbers,
each found on the playslip.
52
]
and an additional one number from the second field of numbers from 1 through
46
[
52
] in each play or allow number selection by a random
number generator operated by the computer, referred to as Quick Pick.
5/52
] and
1/46
[
1/52
] with 50 percent estimated prize fund.
$10
]
million.
$175,000
].
$5,000
].