17 AAC 25.200 - Transportation of hazardous materials, hazardous substances, or hazardous waste
(a) A person
driving a commercial motor vehicle, or a company whose business involves the
operation of a commercial motor vehicle upon a highway or vehicular way or
area, shall comply with the transportation of hazardous materials, hazardous
substances, or hazardous waste regulations adopted by the United States
Department of Transportation and contained in the following provisions, as
revised as of March 15,2023 and adopted by reference, except as otherwise
provided in (b) of this section:
(2) 49 C.F.R. Part 107
(Hazardous Materials Program Procedures);
(3) 49 C.F.R. Part 171 (General Information,
Regulations, and Definitions);
(4)
49 C.F.R. Part 172 (Hazardous Materials Table, Special Provisions, Hazardous
Materials Communications, Emergency Response Information, and Training
Requirements);
(5) 49 C.F.R. Part
173 (Shippers--General Requirements for Shipments and Packaging);
(6) 49 C.F.R. Part 177 (Carriage by Public
Highway);
(7) 49 C.F.R. Part 178
(Specifications for Packagings);
(8) 49 C.F.R. Part 180 (Continuing
Qualification and Maintenance of Packagings).
(b) The federal regulations in 49 C.F.R. that
are adopted by reference in (a) of this section are revised as follows:
(1) repealed 4/12/2013;
(2) repealed 4/12/2013;
(3) repealed 12/31/2006;
(4) repealed 12/31/2006;
(5) repealed 4/12/2013;
(6)
49 C.F.R.
171.15(a) is revised to
specify that the required notice shall also be given to the division;
(7)
49 C.F.R.
171.16(b) is revised to
specify that the required notice shall also be given to the division;
(8) repealed 4/12/2013;
(9) repealed 4/12/2013;
(c) A person who intends to transport a
hazardous material by motor vehicle containing explosives in Class 1, Divisions
1.1, 1.2, 1.3, as defined in 49 C.F.R. 173.50 and
173.53, on a highway or vehicular
way or area shall notify the division of the intent to transport the material
at least 24 hours in advance of transporting the material. Carriers operating
under 49 C.F.R.
385.403 must notify the division of the exact
date and the approximate time that the material will be transported, the exact
route by which the material will be transported, the class and quantity of the
material to be transported, and the telephone number of the person who is
responsible for the transportation of the material. Hazardous materials listed
in Table 1 of 49 C.F.R.
172.504 must be transported on the date and
by the route identified in the notice required under this subsection.
Notwithstanding
17 AAC 25.800, the division may
waive the 24-hour notice requirement of this subsection.
(d) If the division concludes, after
reviewing a notice of intent to transport under (c) of this section, that the
planned transportation of a hazardous material listed in Table 1 of
49 C.F.R.
172.504 presents a danger to the public
health, safety, or welfare, the division shall either deny permission to
transport the material or require the material to be transported on an
alternative date or by an alternative route. A person may not transport a
hazardous material listed in Table 1 of
49 C.F.R.
172.504, if the division denies permission to
transport. If the division designates an alternative date or route under this
subsection, hazardous materials listed in Table 1 of
49 C.F.R.
172.504 must be transported on the date and
by the route designated by the division.
(e) A motor carrier shall immediately contact
the department if at any time the motor carrier suspects the motor carrier's
shipment of a hazardous material listed in
49 C.F.R.
385.403 is lost, stolen, or otherwise
unaccounted for.
Notes
The address and telephone number for giving the notice required under 17 AAC 25.200(b)(6) - (7), (c), or (e) is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Compliance, 11900 Industry Way, Building M, Suite 2, Anchorage, AK 99515-3567; telephone: (907) 365-1210.
Authority: AS 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.10.060
AS 19.10.310
AS 19.10.340
AS 19.10.370
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