DAR File No. 37875

Transportation, Motor Carrier

Rule R909-75

Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes

Notice of Proposed Rule

(Amendment)

DAR File No.: 37875
Filed: 08/01/2013 03:30:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed amendment is to incorporate by reference and adopt final rule changes from federal regulations. This proposed rule amendment adopts the safety regulations for Motor Carriers Transporting Hazardous Material and/or Hazardous Wastes Title 49, Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179 and 180, as of 10/01/2012 and the Federal Register as of 04/17/2013, and adds enforcement provisions authorized by statute.

Summary of the rule or change:

The proposed rule amendment incorporates requirements that are applicable to the offering, acceptance and transportation of hazardous materials. It includes clarification of previous regulations and new implementation dates, minor changes which enhance accuracy, miscellaneous amendments to regulatory requirements and nonsubstantive changes that do not impose new requirements. The following final federal rules are included in the adoption of the Code of Federal Regulations as of 10/01/2012: 06/07/2011 - New standards established for safe havens; 06/27/2011 - Saccharin and its salts are removed from the list of hazardous substances and reportable quantities; 07/20/2011 - A change allows smaller placards which are used for international shipments that are now authorized for domestic shipments. The amendment allows top double bulkheads vents to be plugged on cargo tanks and also establishes vent pressure test pressure limits for cylinders; 07/26/2011 - The procedures for obtaining special permits through PHMSA have been revised to have an applicant provide additional information about their operation; 09/13/2011 - This final rule adopts corrections to addresses, pamphlets and telephone numbers while deleting date references which have already passed; 12/02/2011 - This final rule adopts the restriction of the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs); 12/28/2011 - Shipping papers need to show non-odorized or not odorized when transporting liquefied petroleum gas without odor. Old infectious substance labels can be used until 2014; 12/30/2011 - The 2011 exemptions for ORM-D packages were removed with an implementation date of 2013, but this date has been extended to 2015. After 01/19/2014, materials cannot be classified as ORM-D; 04/16/2012 - Hazardous materials regulations require closures of inner packagings containing liquids within a combination packaging to be secured by a secondary means; and 06/25/2012 - The incorporation of special permits to reduce paperwork burdens and facilitate commerce while maintaining an appropriate level of safety. The following final federal rules are adopted from the Federal Register from 10/05/2012 to 04/17/2013: 10/05/2012 - The final rule corrects editorial errors, makes minor regulatory changes and, in response to request for clarification, improves the clarity of certain provisions in the hazardous materials regulations; 01/07/2013 - The final rule will maintain alignment with international standards by incorporating various changes to hazard classes, proper shipping names, packing groups, special provisions and packaging authorizations; 01/07/2013 - In this final rule PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the 01/19/2011 final rule; 03/07/2013 - The final rule is to update, clarify, or provide relief from miscellaneous regulatory requirements; 03/11/2013 - The final rule promotes safer transportation practices, eliminates unnecessary regulatory requirements and updates various entries in the Hazardous Materials Table; and 04/17/2013 - PHMSA is revising references in its regulations to maximum and minimum civil penalties for a knowing violation of the federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. This adoption of the Federal Register final rules pertains to all private, common, and contract carriers by highway in commerce.

State statutory or constitutional authorization for this rule:

• Section 72-9-104
• Section 72-9-103
• Section 72-9-301

This rule or change incorporates by reference the following material:

• Updates 23.503 Federal Register / Vol. 78, No. 76, published by Government Printing Office, April 19, 2013
• Updates 60935 Federal Register / Vol. 77, No. 194, published by Government Printing Office, October 5, 2012
• Updates 49 CFR, Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179 and 180., published by Government Printing Office, October 1, 2012
• Updates 1101 Federal Register / Vol. 78, No. 4, published by Government Printing Office, January 7, 2013
• Updates 14702 Federal Register / Vol. 78, No. 45, published by Government Printing Office, March 7, 2013
• Updates 15303 Federal Register / Vol. 78, No. 47, published by Government Printing Office, March 11, 2013
• Updates 22798 Federal Register / Vol. 78, No. 74, published by Government Printing Office, April 17, 2013

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the amendment only incorporates federal regulations already in effect.

local governments:

There is no anticipated cost or savings to local government because the amendment only incorporates federal regulations already in effect.

small businesses:

There is no anticipated cost or savings to small businesses because the amendment only incorporates federal regulations already in effect.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small business, businesses, or local government entities because the amendment only incorporates federal regulations already in effect.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the amendment only incorporates federal regulations already in effect.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses because the amendment only incorporates federal regulations already in effect.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/16/2013

This rule may become effective on:

09/23/2013

Authorized by:

Carlos Braceras, Executive Director

R909. Transportation, Motor Carrier.

R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes.

R909-75-1. Purpose and Authority.

The purpose of this rule is to adopt regulations that are applicable to the offering, acceptance and transportation of hazardous materials related to the operation of a motor carrier within the State of Utah. This rule is authorized by Sections 72-9-103, 72-9-104 and 72-9-301.

 

R909-75-2. Adoption of Federal Regulations.

Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes, 49 CFR, Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179, and 180 (October 1, 201[0]2), as amended by the Federal Register through [February 28, 2011]April 17, 2013 are incorporated by reference. These changes apply to all private, common, and contract carriers by highway in commerce.

 

KEY: hazardous materials transportation, hazardous substances, hazardous waste, safety regulations

Date of Enactment or Last Substantive Amendment: [January 10, 2012]2013

Notice of Continuation: November 1, 2011

Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-301