Kan. Admin. Regs. § 82-4-20 - Transportation of hazardous materials by motor vehicles
(a) The federal regulations adopted by
reference in this regulation shall govern the transportation of hazardous
materials in Kansas in commerce to the extent that the regulations pertain to
the transportation of hazardous materials by commercial motor
vehicle.
(b) Copies of all
applications for special permits pursuant to 49 C.F.R. Part 107, Subpart B,
registrations of cargo tank and cargo tank motor vehicle manufacturers,
assemblers, repairers, inspectors, testers, and designcertifying engineers
pursuant to 49 C.F.R. Part 107, Subpart F, and registrations of persons who
offer transportation or transport hazardous materials pursuant to 49 C.F.R.
Part 107, Subpart G shall be made available to the commission for proof of
compliance with federal hazardous materials regulations.
(c) The following federal regulations, as in
effect on October 1, 2018, are hereby adopted by reference:
(1) 49 C.F.R. Part 171 with the following
exceptions:
(A)
49 C.F.R. 171.1(a) and the
paragraph that precedes it;
(B)
49 C.F.R. 171.1(f);
(D)
49 C.F.R. 171.14, 171.17, and 171.18;
(2) 49 C.F.R. Part 172, including the
appendices, except 172.701, 172.804, 172.820, and 172.822;
(3) 49 C.F.R. Part 173, including the
appendices, except 173.10, 173.27, 173.31 and 171.314;
(4) 49 C.F.R. Part 177;
(5) 49 C.F.R. Part 178, including the
appendices, except 178.46(e), (h) and (i); and
(d)
When used in any provision adopted from 49 C.F.R. Parts 171, 172, 173, 177,
178, and 180, the following substitutions shall be made unless otherwise
specified:
(1) The terms "administrator,"
"associate administrator," and "regional administrator" shall be replaced with
"or director as defined in K.A.R. 82-4-1."
(2) The term "competent authority" shall mean
"the Kansas corporation commission or any other Kansas agency or federal agency
that is responsible, under its law, for the control or regulation of some
aspect of hazardous materials transportation."
(3) The terms "Department of Transportation,"
"DOT," and "department" shall be replaced with "commission as defined in K.A.R.
82-4-1."
(4) The term "the United
States" shall be replaced with "the state of Kansas."
(e) Carriers transporting hazardous materials
in intrastate commerce shall be subject to the packaging provisions as provided
in K.S.A. 66-1,129b, and amendments thereto.
(f) As used in this regulation, each
reference to a portion of 49 C.F.R. Parts 171, 172, 173, 177, 178, and 180
shall mean that portion as adopted by reference in this regulation.
(g) Whenever the federal regulations adopted
in this regulation refer to portions of the federal regulations adopted in
article 4 of the commission's regulations, the reference shall be to the
version of those federal regulations as adopted in article 4.
(h) All standards in documents adopted in
this regulation that are not otherwise adopted shall be included for reference
only.
(i) All sections marked
"reserved" shall be deleted.
(j)
Whenever the adopted federal hazardous materials regulations refer to portions
of the federal hazardous materials regulations that are not included under
subsection (a), those references shall not be applicable to this
regulation.
Notes
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