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RULE §14.2004Applicability, Severability, and Retroactivity

(a) This chapter is intended to apply to the design, installation, and operation of liquefied natural gas (LNG) dispensing systems, the design and installation of LNG engine fuel systems on vehicles of all types and their associated fueling facilities, and the construction and operation of equipment for the storage, handling, and transportation of LNG. This chapter does not apply to locomotives, railcar tenders, marine terminals, or to the transportation, loading, or unloading of LNG on ships, barges, or other types of watercraft, or to any fuel cell approved by the Federal Aviation Administration and intended to be used solely as a fuel cell for aircraft, including hot air balloons, or to an installation or connection that is part of a distribution or pipeline system that is covered by Title 49, Code of Federal Regulations, Part 192. From the point at which LNG in a system has been vaporized and converted to compressed natural gas (CNG), the equipment and components must comply with the Commission's Regulations for Compressed Natural Gas in Chapter 13 of this title (relating to Regulations for Compressed Natural Gas (CNG)).

(b) If any term, clause, or provision of these rules is for any reason declared invalid, the remainder of the provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

(c) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure.

(d) Unless otherwise stated, the rules in this chapter are not retroactive; however, the Railroad Commission of Texas has jurisdiction over all LNG installations in Texas and installations placed into operation after October 1, 1996, shall comply with this chapter. All other LNG installations in operation prior to October 1, 1996, shall be maintained and operated in a safe manner as determined by the Railroad Commission of Texas. Persons engaged in LNG activities on the effective date of this chapter shall comply with licensing and examination requirements by February 1, 1997.

(e) The requirements of 16 TAC Chapter 14 shall not apply to vehicles and fuel supply containers that:

  (1) are manufactured or installed by original equipment manufacturers;

  (2) comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards; and

  (3) comply with the National Fire Protection Association (NFPA) Code 57, Liquefied Natural Gas (LNG) Fuel Systems Code.

(f) Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (e) of this section shall comply with the requirements of §14.2046 of this title, relating to Filings Required for School Bus, Mass Transit and Special Transit Vehicles.

Source Note: The provisions of this §14.2004 adopted to be effective July 28, 2003, 28 TexReg 5872; amended to be effective December 24, 2012, 37 TexReg 9921

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