§ 13-1160.2. U.S. Department of Transportation Regulations.

(a) Incorporation by Reference. This article incorporates by reference portions of 49 CFR Part 107, Parts 171 through 180, and Part 393 to the extent specified in this article. Unless otherwise specified, all references to 49 CFR in this article are those regulations published on October 1, 1999.

(b) Federal Preeminence. Provisions of the Hazardous Materials Transportation Act recodified into Title 49 U.S. Code (49 U.S.C.) Section 5125, preempt any requirements of any state or political subdivision thereof inconsistent with the act or federal Hazardous Material Regulations relating to hazardous materials transported in commerce. The U.S. Department of Transportation (DOT), Research and Special Programs Administration (RSPA) may except any material from being classed as hazardous, or change any classification or transportation requirement in accordance with authority granted that agency, and such action shall govern the application of this article. In lieu of compliance with the provisions of this article, hazardous materials shipment preparation and transportation in compliance with a later promulgated RSPA requirement, exemption or exception than that adopted by reference in this article is permitted. This includes compliance with a later promulgated requirement prior to its effective date during any period of time where earlier compliance is authorized in the applicable final rulemaking.

(c) Limited Applications. 49 CFR Parts 174 and 179 shall apply only as referenced in 49 CFR Parts 173, 177, and 178.

(d) Motor Carrier Safety Requirements. Provisions of 49 CFR Part 393 applies as incorporated in cargo tank specifications referenced in 49 CFR Part 178, but 49 CFR Parts 390 through 397 shall not otherwise apply to transportation subject to this article.

(e) Referenced Regulations. Copies of 49 CFR, can be obtained from:

SUPERINTENDENT OF DOCUMENTS

U.S. GOVERNMENT PRINTING OFFICE

PO BOX 371954

PITTSBURG, PA 15250-7954

[phone]

Internet purchases: http://www.access.gpo.gov/su_docs/sale.html

Copies of 49 CFR Part 107 and Parts 171 through 180 may also be obtained from:

BUREAU OF EXPLOSIVES PUBLICATIONS

PO BOX 866

ANNAPOLIS, MD 21404-0688

[phone]

Copies of 49 CFR Part 107, Parts 171 through 180, and Parts 390 through 397 may also be obtained from:

AMERICAN TRUCKING ASSOCIATIONS, INC.

SAFETY DEPARTMENT

2200 MILL ROAD

ALEXANDRIA, VA 22314-4677

[phone] or [phone]

Internet Access. Title 49 CFR may also be accessed through the internet at the National Archives and Records Administration's web site at “http://www.access.gpo.gov/nara/cfr/” or through the U.S. Department of Transportation, Office of Hazardous Materials Safety's web site at “http://hazmat.dot.gov/”.

HISTORY

1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of Compliance included (Register 77, No. 52).

2. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

3. Amendment filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).

4. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).

5. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).

6. Amendment of subsection (a) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).

7. Amendment of subsections (a)-(b) and (d)-(e) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).

8. Amendment of subsections (a) and (b) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).

9. Amendment of subsection (a) filed 8-20-97; operative 9-19-97 (Register 97, No. 34).

10. Amendment of subsections (a), (b) and (e) filed 10-26-98 as an emergency; operative 11-25-98 (Register 98, No. 44).

11. Editorial correction of last paragraph (Register 98, No. 49).

12. Amendment filed 10-5-99; operative 11-4-99 (Register 99, No. 41).

13. Amendment of subsection (a) 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).

Note

Note: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference: Sections 2402.7 and 34501, Vehicle Code.