|(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 LP-Gas
Operations. 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) LP-Gas Operations shall review LPG Form 502 and
the supporting documentation. LP-Gas Operations shall have the manufacturer's
data report on file for the container or the licensee shall provide
a copy to LP-Gas Operations. 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, LP-Gas Operations shall mail 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 LP-Gas Operations before LP-Gas Operations
will proceed. Within 15 business days of receipt of all required documents
and fees, LP-Gas Operations 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 LP-Gas Safety Rules, unless additional time is necessary
as determined by the LP-Gas Operations 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
(ii) If the container passes the test, LP-Gas Operations
shall proceed with the attachment of the nameplate.
(D) Within the 15-day period, LP-Gas Operations shall
notify the applicant in writing, in clear and specific language, of
the outcome of LP-Gas Operations' review.
(4) Following LP-Gas Operations' 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, LP-Gas Operations
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
(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
(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 LP-Gas Operations has received the final paperwork
from the Commission employee who attached the nameplate. LP-Gas Operations
shall mail a letter to the owner or operator of the container 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, LP-Gas Operations 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 LP-Gas Operations'
travel and research costs will be refunded only if LP-Gas Operations'
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.
|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