SECTION 3.85. Manifest To Accompany Each Transport of Liquid Hydrocarbons by Vehicle

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Cargo manifest--One or more documents that together contain the information required by subsection (c) of this section. That part of a manifest which contains information unique to the particular transport being described (such as date and time of removal) must be part of a book, tablet, or series, wherein the documents are sequentially numbered.

(2) Commission--The Railroad Commission of Texas.

(3) Facility--Any place used to store, process, refine, reclaim, dispose of, or treat liquid hydrocarbons.

(4) Lease--A well producing oil, gas, or oil and gas, and any group of contiguous wells producing oil, gas, or oil and gas of any number operated as a producing unit.

(5) Liquid hydrocarbons--Unrefined oil or condensate, and refined oil or condensate to be blended with unrefined liquid hydrocarbons.

(6) Oil tanker vehicle--A motor vehicle licensed for highway use on a public highway or used on a public highway:

(A) that is equipped with, carrying, pulling, or otherwise transporting an assembly, compartment, tank, or other container that is used for transporting, hauling, or delivering liquids; and

(B) that is being used to transport liquid hydrocarbons on a public highway.

(7) Public highway--A way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.

(8) Transporter--Each gatherer, storer, or other handler of liquid hydrocarbons who moves or transports those liquid hydrocarbons by truck or other motor vehicle, provided however, that the provisions of this rule do not apply to:

(A) common carriers as defined in the Natural Resources Code, Chapter 111; or

(B) the movement of salt water, brine, sludge, drilling mud, or other liquid or semiliquid material if the commission has authorized the entity to move such material and such material contains less than 7.0% liquid hydrocarbon, by volume, or if not authorized by the commission, the movement is not for hire and the material moved does not contain more than 7.0% liquid hydrocarbons by volume.

(b) A cargo manifest must be carried in each oil tanker vehicle transporting liquid hydrocarbons on a public highway in this state and must be presented on request for inspection as provided by subsection (f) of this section.

(c) For each load of liquid hydrocarbons loaded onto and transported by an oil tanker vehicle, the cargo manifest must include:

(1) an identification of the lease or facility from which the liquid hydrocarbons were removed, which must include:

(A) the lease or facility name; and

(B) the name of the operator of the lease or facility;

(2) the total quantity of liquid hydrocarbons removed from the lease or facility and loaded onto the oil tanker vehicle; provided that for purposes of indicating quantity on the copy of the manifest left with the lease operator, top and bottom gauges will suffice. On the other copies, an estimate in barrels must be included;

(3) the date and hour when the liquid hydrocarbons were removed from the lease or facility and loaded onto the oil tanker vehicle;

(4) the identity of the transporter which must include;

(A) the company or individual transporter's name and address;

(B) the oil tanker vehicle driver's name; and

(C) a unique number for the oil tanker vehicle that for a truck tractor and semitrailer type oil tanker vehicle must include unique vehicle numbers for both truck tractor and semitrailer; and

(5) the intended point of destination for the liquid hydrocarbons, including the name of the receiving facility.

(d) Copy of manifest to be left at the lease.

(1) A copy of the cargo manifest must be left at the lease or facility from which the liquid hydrocarbons were removed or delivered to the lease or facility operator, his agent, or his representative.

(2) The requirements of this section may be met by leaving a separate document at the lease or facility from which the liquid hydrocarbons were removed or by delivering to the lease or facility operator a separate document that includes information required under subsection (c)(1)-(3) and (4)(A) and (B) this section.

(3) If more than one load of liquid hydrocarbons is removed from a single tank or other container of liquid hydrocarbons within a period of 24 consecutive hours, subsection (c)(2) and (3) of this section may be met for purposes of this section by a separate document that includes:

(A) the total quantity of liquid hydrocarbons removed;

(B) the date and hour the first load was removed; and

(C) the date and hour the last load was removed.

(4) If the operator of a facility requires that a transporter leave at the facility or deliver to the operator a document other than the transporter's cargo manifest, a transporter may meet the requirements of this section by leaving those specified documents at an agreed location or delivering the document to the operator.

(e) After the delivery of all liquid hydrocarbons in an oil tanker vehicle is completed, the cargo manifest must be maintained in the records of the transporter for a period of not less than two years from the date the liquid hydrocarbons are removed from the oil tanker vehicle.

(f) Upon request from a commission agent or other law enforcement official the transporter must produce the cargo manifest for inspection immediately, whether it is on an oil tanker vehicle or in the records of the transporter. Copies of cargo manifests must be filed with the commission, upon request from the commission.

(g) Companies or individuals who do not have organization reports (Form P-5) on file with the Railroad Commission, as required by §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirement (commonly referred to as Statewide Rule 1)), may not issue cargo manifests.

(h) Every truck or other vehicle covered by this section shall bear on both sides thereof the name of the company or individual responsible for such transportation, the number of the vehicle, and the number of the certificate or permit authorizing the service. In the case of vehicles not for hire, this number shall be the company's organizational report (P-5) number. The identifying signs shall be printed in letters not less than two inches in height, in sharp color contrast to the background, and shall be plainly legible for a distance of at least 50 feet.

Source Note: The provisions of this §3.85 adopted to be effective August 25, 2003, 28 TexReg 6816