Texas Register

TITLE 16 ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 9LP-GAS SAFETY RULES
SUBCHAPTER AGENERAL REQUIREMENTS
RULE §9.1Application of Rules, Severability, and Retroactivity
ISSUE 10/25/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The LP-Gas Safety Rules in this chapter apply to the design, installation, [location] and operation of liquefied petroleum gas systems, equipment, and appliances. These standards also apply to truck and railcar loading racks, but do not apply to marine terminals, natural gasoline plants, refineries, tank farms, gas manufacturing plants, plants engaged in processing liquefied petroleum gases, or to railcar loading racks used in connection with these excluded establishments.

  (1) - (2)(No change.)

  (3)Subchapter C, Vehicles [and Vehicle Dispensers], applies to transports and bobtails that deliver LP-gas, and school buses and other vehicles that are powered by LP-gas.

  (4) - (5)(No change.)

(b) - (c)(No change.)

(d)Unless otherwise stated, the LP-Gas Safety Rules in this chapter [LP-Gas Safety Rules ] are not retroactive. Any installation of an LP-gas system, containers, and appliances shall meet the requirements of this chapter at the time of installation.

(e)As stated in Texas Natural Resources Code, Chapter 113, any LP-gas container with a water capacity of one gallon or less, or any LP-gas piping system, or appliance attached or connected to such a container is exempt from the LP-Gas Safety Rules in this chapter [LP-Gas Safety Rules ], including any adopted NFPA pamphlets. For the purpose of consistency, the figure of 4.20 lb is the equivalent [used to determine the weight] of one gallon of LP-gas. [The omission of a specific NFPA 58 pamphlet or any other NFPA rule containing any such applicable language from Table 1 of §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted With Changes, Additional Requirements, or Corrections) is inadvertent and shall not be read or understood as requiring or allowing any such size of LP-gas container to comply with the adopted LP-gas safety rule requirements.]

(f)This chapter shall not apply to vehicles and fuel supply containers that:

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

  (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 58, Liquefied Petroleum Gas Code. ]

(g)Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of this section shall comply with the requirements of §9.203 of this title (relating[, relating] to School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections), and the Commission's exception to NFPA 58, Chapter 11, [§11.4.1.5] in Table 1 in §9.403 of this title [§9.403(a),] relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 1, 2019

TRD-201903548

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Earliest possible date of adoption: November 24, 2019

For further information, please call: (512) 475-1295



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