(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 AFS.
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) The owner or operator of the container shall submit
LPG Form 502 including clear photographs of the container showing:
(A) nozzle openings;
(B) front, rear, and side views;
(C) location of the nameplate;
(D) detailed view of the nameplate; and
(E) if a photograph cannot clearly depict the lettering
on the nameplate, a pencil rubbing of the nameplate shall be submitted.
(2) AFS shall review LPG Form 502 and the supporting
documentation. AFS shall have the manufacturer's data report on file
for the container or the licensee shall provide a copy to AFS. 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, AFS shall send
a letter to the owner or operator of the container stating the estimated
costs, which will be based on the following:
(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.
(3) The owner or operator of the container shall pay
the total estimated costs to AFS before AFS will proceed. Within 15
business days of receipt of all required documents and fees, AFS shall:
(A) verify that it has continuous documentation for
the container, showing the container in LP-gas service in Texas prior
to September 1, 1984;
(B) inspect the container to ensure that the container
is not dented, pitted, or otherwise damaged, and complies with other
applicable rules in this chapter, unless additional time is necessary
as determined by the AFS director; and
(C) advise the owner or operator that the container
shall be tested if it appears to be pitted or otherwise damaged.
(i) If the owner or operator refuses to test the container,
it shall be removed from service within 10 calendar days of the date
of inspection.
(ii) If the container passes the test, AFS shall proceed
with the attachment of the nameplate.
(D) Within the 15-day period, AFS shall notify the
applicant in writing, in clear and specific language, of the outcome
of AFS' review.
(4) Following AFS' review of any required tests and
payment, and if AFS determines that all requirements have been met,
AFS shall issue an identification nameplate for the container.
(5) The Commission identification nameplate shall be
stainless steel, stamped or etched with the Commission's mark or symbol,
and attached by a Commission employee using an adhesive material.
Nameplates shall include the wording and information as follows:
(A) Railroad Commission of Texas LP-Gas Container Identification
Nameplate;
(B) RRC ID No. *00000*; and
(C) For Identification Only.
(6) Commission identification nameplates shall be affixed
only by a Commission employee and shall be affixed at the Commission's
convenience.
(b) Commission identification nameplates shall serve
only to identify the container as being an ASME container and shall
in no way indicate the condition of the container or whether it is
safe for LP-gas service.
(c) Commission identification nameplates shall not
be valid until AFS has received the final paperwork from the Commission
employee who attached the nameplate. AFS shall notify the owner or
operator of the container in writing stating the date on which the
nameplate is valid.
(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, AFS 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).
(e) If the Commission employee finds upon inspection
of a container prior to the attachment of the Commission identification
nameplate that the container does not pass inspection, for whatever
reason, the inspector shall not attach the nameplate, but shall return
the nameplate and all paperwork to the Commission's Austin office.
(f) Fees charged for the Commission identification
nameplate are nonrefundable except as described in this subsection.
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 AFS' travel and research
costs will be refunded only if AFS' 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.
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Source Note: The provisions of this §9.130 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |