TITLE rule-review

Proposed Rule Review

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intent to review and readopt 16 Texas Administrative Code (TAC) Chapter 13, relating to Regulations for Compressed Natural Gas (CNG), in accordance with Texas Government Code, §2001.039. The Commission's reasons for adopting these rules continue to exist; however, in a separate, concurrent rulemaking, the Commission is proposing amendments to §§13.2 - 13.4, 13.25, 13.35, 13.36, 13.38, 13.61 - 13.63, 13.67 - 13.70, 13.73, 13.75, 13.92 - 13.94, 13.102, 13.141, and 13.183, relating to Retroactivity; Definitions; CNG Report Forms; Filings Required for Stationary CNG Installations; Application for an Exception to a Safety Rule; Report of CNG Incident/Accident; Removal from CNG Service; Licenses, Related Fees, and Licensing Requirements; Insurance Requirements; Qualifications as Self-Insured; Changes in Ownership and/or Form of Dealership; Dealership Name Change; Registration and Transfer of CNG Transports and CNG Form 1004 Decal or Letter of Authority; Examination Requirements and Renewals; Other Fees for Employee Transfer; Franchise Tax Certification and Assumed Name Certificate; System Component Qualification; General; Location of Installations; Installation of Electrical Equipment; System Testing; and System Component Qualifications; the repeal of §13.80, relating to CNG Continuing Education Requirements, and new §13.80, relating to Requests for CNG Classes.

The concurrent proposal is, in part, a result of House Bill (HB) 1162, 79th Legislature, Regular Session (2005), which amended Texas Natural Resources Code, §116.034, to provide that the Commission may adopt rules establishing training and seminar attendance requirements for persons required or who wish to be licensed or registered to perform compressed natural gas (CNG) activities, but is not required to do so. Additional proposed amendments are non-substantive and include changes in wording, punctuation, or organization to provide clarity and accuracy.

The proposed amendments, repeal, and new section will be filed with the Texas Register concurrently with this proposed review.

Comments on the notice of intent to review the rules in 16 TAC Chapter 13 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 30 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 Dan Kelly at (512) 463-7291. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas on February 28, 2006.

TRD-200601351

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: March 2, 2006