Ariz. Admin. Code § R14-5-102 - Adoption of Federal Regulations
A.
In the furtherance of its constitutional and statutory duty to promulgate and
enforce safety regulations for public service corporations, the Commission
adopts and approves as its own, subject to changes noted in subsection (E)
below, 49 CFR 210, 213, 215, 216, 217, 218, 219, 220, 221, 223, 225, 228, 229,
230, 231, 232, 233, and 236, as amended and revised through October 1, 1989,
which are incorporated by reference, are on file in the Office of the Secretary
of State, and copies available from the United States Government Printing
Office, P.O. Box 371975M, Pittsburgh, Pennsylvania 15250-7975, all being
regulations of the Federal Railroad Administration, United States Department of
Transportation, Railroad Safety regulations.
B. The Commission also adopts and approves as
its own, 49 CFR 171 through 174, as amended and revised through November 1,
1989, incorporated herein by reference and on file with the Office of Secretary
of State: 49 CFR 178 and 179, as amended and revised through November 1, 1989,
incorporated herein by reference, on file with the Office of Secretary of
State, and copies available from the United States Government Printing Office,
P.O. Box 371975M, Pittsburgh, Pennsylvania 15250-7975, all being part of the
Research and Special Programs Administration, United States Department of
Transportation, Hazardous Materials regulations as they apply to the shipment
of hazardous materials by rail.
C.
The regulations adopted in subsections (A) and (B) of this Section shall apply
to all standard gage rail operations within Arizona. All terms defined in the
adopted regulations shall apply unless redefined in
R14-5-101.
D. A copy of the Federal Safety Standards is
attached to the Article and is hereby made a part thereof as if set forth in
full. (This copy is not printed in this volume but is available in the offices
of the Arizona Corporation Commission and the Secretary of State.)
E. The above-mentioned Parts of 49 CFR are
changed, amended, or revised as follows:
1.
Substitute "Arizona Corporation Commission" (ACC) where "United States
Department of Transportation" (DOT), "Federal Railroad Administration" (FRA),
"Federal Railroad Administrator", "Administrator" or "Research and Special
Programs Administration" appear.
2.
Substitute "Railroad Safety Section, Arizona Corporation Commission, at its
office in Phoenix, Arizona" where addresses for the United States Department of
Transportation, Federal Railroad Administration, Federal Railroad
Administrator, Office of Chief Counsel, or Research and Special Programs
Administration appear.
3. Copies of
all reports and forms required to be filed with the Federal Railroad
Administration by Parts referred to in subsection (A) and the Research and
Special Programs Administration by Parts referred to in subsection (B) of this
Section shall be filed with the Railroad Safety Section, Arizona Corporation
Commission, at its office in Phoenix, Arizona, within the same time limits
required by the Federal Railroad Administration, and the Research and Special
Programs Administration. Information pertaining only to that portion of the
railroad's operations within the State of Arizona need be submitted.
F. If the Commission finds that a
waiver of compliance or an exemption from any Section of the aforementioned
Parts is in the public interest and is consistent with railroad safety, the
Commission may grant the waiver or exemption subject to any conditions it deems
necessary.
Notes
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