Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 65.
BOILERS
16 TAC §§65.10, 65.70, 65.100
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to existing rules at 16 Texas Administrative Code, §§65.10,
65.70, and 65.100 regarding definitions, responsibilities, and technical requirements
in the boiler program.
The proposed amendments make technical changes and clarifications to the
boiler rules. Section 65.10(39) is amended to clarify that a repair requirement
form signed by the Department’s chief boiler inspector or a deputy inspector
is considered a preliminary order. A repair requirement form is the Department
form that is used to notify boiler owners and operators of needed repairs
or alterations. The purpose of the amendment is to make clear that a repair
requirement form signed by a Department inspector constitutes a preliminary
order that is required to be issued to the boiler owner or operator by Texas
Health and Safety Code, §755.041(a).
The amendments to §65.70(f)(2) remove references to "side" clearances.
This clarifies that all minimum manufacturer’s recommended clearances
for boilers must be maintained, including top and bottom clearances. The amendments
to §65.70(h)(3)(A) and (B) bring the rules more in line with requirements
of the National Board Inspection Code (NBIC), published by the National Board
of Boiler and Pressure Vessel Inspectors. Currently, the Department is requiring
ultrasonic thickness measurements at each inspection of a nonstandard boiler,
under the authority of §65.70(h)(3)(B). However, the Department believes
that requiring such an examination only for the first inspection of a nonstandard
boiler and at five-year intervals thereafter is sufficient to protect the
public safety.
Amendments to §65.100(k)(2)(G)(ii) change the specifications for hydrostatic
test pressure for hot water heating boilers. Amendments to §65.100(k)(4)(D)
add specifications for pressure gages for certain potable water heaters. These
changes make the rules more consistent with requirements of the American Society
of Mechanical Engineers (ASME) Code.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments are in effect, there will be
no impact to costs or revenues of the State as a result of enforcing or administering
the proposed rules. The Department anticipates no impact to costs or revenues
of local government.
Mr. Kuntz also has determined that for each year of the first five-year
period the proposed rules are in effect, the public benefit will be rule requirements
that are clearer and more consistent with national standards for the boiler
industry. In addition, owners and operators of nonstandard boilers may see
some reduction in compliance costs because ultrasonic thickness measurements
will be required only at five-year intervals rather than at every inspection
of the boiler.
Mr. Kuntz has determined that there will be no adverse economic effect
on small or micro-businesses as a result of the proposed amendments. There
are no anticipated economic costs to persons who are required to comply with
the rules as amended.
Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512 ) 475-3032, or electronically: Caroline@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Health and Safety Code,
Chapter 755 and Texas Occupations Code, Chapter 51. In particular, Texas Health
and Safety Code, §755.032(a) authorizes the Commission to adopt rules,
in accordance with standard boiler usage, for the construction, inspection,
installation, use, maintenance, repair, alteration, and operation of boilers.
Texas Occupations Code, §51.203 directs the Commission to adopt rules
as necessary to implement each law establishing a program regulated by the
Department.
The statutory provisions affected by the proposal are those set forth in
Texas Health and Safety Code, Chapter 755 and Texas Occupations Code, Chapter
51. No other statutes, articles, or codes are affected by the proposal.
§65.10.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (38)
(No change.)
(39)
Preliminary order--A written order issued by the chief
inspector or any deputy inspector to require repairs or alterations to render
a boiler safe for use or to require that operation of the boiler be discontinued.
A Repair Requirement form that is signed by the chief inspector or a deputy
inspector is a Preliminary Order.
(40) - (49)
(No change.)
§65.70.Responsibilities of the Licensee/Certificate Holder/Registrant.
(a) - (e)
(No change.)
(f)
Clearance.
(1)
(No change.)
(2)
The minimum manufacturer’s recommended [
(g)
(No change.)
(h)
Preparation for inspection.
(1) - (2)
(No change.)
(3)
Portable or stationary nonstandard boilers shall be prepared
for inspection as described in this section with the following additional
requirements.
(A)
External lagging and insulation shall be removed
and ultrasonic thickness measurements shall be performed
for the first
inspection and at five-year intervals for subsequent inspections.
(B)
Other
[
(C)
Any other inspections or examinations shall be performed
as determined by the chief inspector as a condition for registration.
(i) - (m)
(No change.)
§65.100.Technical Requirements.
(a) - (j)
(No change.)
(k)
Heating boilers.
(1)
(No change.)
(2)
Hot water heating.
(A) - (F)
(No change.)
(G)
Provisions for thermal expansion.
(i)
(No change.)
(ii)
Closed heating system - If the system is of closed type,
an airtight tank or other suitable air cushion that is consistent with the
volume and capacity of the system shall be installed
. If the system
is designed for a working pressure of 30 psi (207 kilopascals) or less, the
tank shall be suitably designed for a minimum hydrostatic test pressure of
75 psi (520 kilopascals).
[
(3)
(No change.)
(4)
Potable water heaters.
(A) - (C)
(No change.)
(D)
Gages
(i)
Temperature gages. Each hot water heater shall
have a thermometer located and connected at or near the outlet that is easily
readable. The thermometer shall at all times indicate the temperatures of
the water in the hot water heater.
(ii)
Pressure gages. Each hot water heater
that is of the coil type or water tube shall have a pressure gage that is
graduated to not less than 1 1/2 or more than 3 1/2 times the pressure at
which the safety relief valve is set.
(E) - (G)
(No change.)
(l) - (o)
(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 May 1, 2006.
TRD-200602424
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 463-7348
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
2.
PROGRAM FOR HORSES
16 TAC §303.93
The Texas Racing Commission (Commission) proposes an amendment
to §303.93, relating to the Texas Bred Incentive Programs. The purpose
of the amendment is to encourage participation in the Texas Bred Incentive
Program for quarter horses, and to bring the rule into conformity with current
practice at the Texas Quarter Horse Association.
The current rule establishes an application deadline for accreditation
of an Accredited Texas Bred (ATB) stallion of January 31 of the year in which
an ATB eligible foal is conceived. The Texas Quarter Horse Association (TQHA)
may still accredit an ATB stallion after January 31, but no later than December
31, of the year in which an ATB eligible foal is conceived, provided that
the application includes payment of a late fee.
The Commission proposes changing the due date for timely applications for
ATB quarter horse stallions to April 15 of the year in which an ATB eligible
foal is conceived. This change will encourage participation in the Texas Bred
Incentive Program for quarter horses by allowing owners a longer period of
time to register their stallions without payment of a late fee. It will also
bring the rule into conformity with current practice at TQHA, which already
waives its right to a late fee for stallion applications filed between January
31 and April 15.
Charla Ann King, Executive Secretary for the Commission, has determined
that for each year of the first five years that the amended rule will be in
effect, the following statements will apply:
The anticipated public benefit of the proposed amendment will be to support
the breeding of quarter horses in Texas. The Texas Bred Incentive Programs
provide financial incentives to owners and breeders for breeding their racing
horses and greyhounds in Texas. By extending this application deadline to
April 15, more quarter horse owners and breeders will be able to participate
in the program at the regular fee rate without the additional expense of a
late fee.
There are no foreseeable implications relating to costs or revenues for
state or local governments as a result of enforcing or administering the amended
rule.
Small or micro-businesses in the fields of quarter horse breeding and racing
will benefit from the longer period of time in which to apply for accreditation
without incurring a late fee. There are no foreseeable implications relating
to costs or revenues for other small or micro-businesses as a result of enforcing
or administering the amended rule.
There are no economic costs to persons required to comply with the amended
rule.
There are no negative impacts upon employment conditions in this state
as a result of the proposed amendment.
Comments on the proposed amendment may be submitted on or before June 19,
2006, to Gloria Giberson, Assistant to the Executive Secretary for the Texas
Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 and §3.021, which authorizes the Commission to make
rules relating to all aspects of greyhound and horse racing, and §9.01,
which establishes that the rules of horse breed registries establishing the
qualifications of Texas-bred horses are subject to rules adopted by the Commission.
The amendment implements Article 9 of Texas Civil Statutes, Article 179e.
No other statutes, articles or codes are affected by this proposal.
§303.93.Quarter Horse Rules.
(a)
(No change.)
(b)
Eligibility for Accreditation.
(1) - (2)
(No change.)
(3)
ATB Stallions.
(A)
(No change.)
(B)
An application for accreditation must be on a form prescribed
by TQHA and include the applicable payment as prescribed by TQHA. The deadline
for filing an application for accreditation is
April 15
[
(C)
(No change.)
(c) - (f)
(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 May 4, 2006.
TRD-200602497
Mark Fenner
General Counsel
Texas Racing Commission
Proposed date of adoption: June 26, 2006
For further information, please call: (512) 490-4009
Subchapter C. REGULATION OF LIVE WAGERING
side
] clearances shall be maintained [
on all sides of the boiler
],
except
for
portable boilers. A minimum of one foot (305 millimeters)
shall be maintained between the bottom of scotch-type boilers and the foundation
or floor.
Ultrasonic thickness measurements
or other
] examinations as required by the chief inspector or deputy
inspector shall be performed to determine the condition of the boiler.
, and it shall be suitably designed
for a hydrostatic test pressure of two and one-half times the allowable working
pressure of the system.
] Expansion tanks for systems designed to operate
above 30 psig (207 kilopascals) shall be constructed in accordance with the
ASME Code, Section VIII, Division 1. Alternatively, a tank built to ASME Section
X requirements may be used if the pressure and temperature ratings of the
tank are equal to or greater than the pressure and temperature ratings of
the system. Provision shall be made for draining the tank without emptying
the system, except for pre-pressurized tanks.
Part 8.
TEXAS RACING COMMISSION
January 31
] of the year in which an ATB eligible foal is conceived.
TQHA may accredit a stallion for which the application for accreditation is
filed after
April 15
[
January 31
] but no later than
December 31 of the year in which an ATB eligible foal is conceived, provided
the application includes payment of a late fee as established by TQHA. An
application for accreditation is considered timely filed if it is placed in
U.S. mail and is postmarked on or before the applicable deadline.
Chapter 321.
PARI-MUTUEL WAGERING