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.: 35426
Filed: 11/14/2011 09:02:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to incorporate updated federal safety regulations applicable to the offering, acceptance, and transportation of hazardous materials.

Summary of the rule or change:

Changes to the federal regulations being incorporated include changes to the hazardous material table to include new proper shipping names and requirements for fuel cell cartridges, organometallic substances, clorosilanes that have water-reactive properties, and explosives. The regulations also codify several special permits that have been utilized in the past and incident reporting has been modified to be received electronically. Emergency response telephone numbers on shipping papers must now include the contact person, but the telephone number is no longer required for transport vehicles or freight containers which have been fumigated and display the fumigant marking. The full training requirements of Part 172 are not required for those transporting excepted quantities, but rather require them to be familiar with the requirements of Part 173.4a. Security Plan requirements are amended to be required only for certain hazardous materials as listed in Part 172.800. Intermediate bulk containers and large packagings must be marked indicating if they are intended to be stacked and be marked with how much weight may be stacked on them. Information regarding closure instructions must be retained for two years for combination packages and one year for single packages.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates 49 CFR, Sub-Chapter C, Parts 107, 171, 172, 177, 178, 179 and 180, published by Government Printing Office, October 1, 2011

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 businesses, businesses, or local government entities because the amendment only incorporates federal regulations already in effect.

Compliance costs for affected persons:

There is 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.

John Njord, 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:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

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:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

John Njord, 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 [100 through 180,]107, 171, 172, 177, 178, 179, and 180 [of the October 1, 2008 edition of the Federal Register,](October 1, 2010), as amended by the Federal Register through February 28, 2011 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: [September 9, 2009]2012

Notice of Continuation: November 1, 2011

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