SECTION 9.130. Commission Identification Nameplates

(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.

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