DAR File No. 40722

This notice was published in the September 15, 2016, issue (Vol. 2016, No. 18) of the Utah State Bulletin.


Transportation, Motor Carrier

Rule R909-75

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

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40722
Filed: 08/30/2016 11:40:04 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Sections 72-9-103 and 72-9-104, and required by Section 72-9-301. The rule adopts federal 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. These regulations are included in the federal safety requirements the Department must enforce pursuant to Section 72-9-301.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 72-9-301 is still in effect. This section still requires the Department to enforce the federal regulations included in 49 CFR Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179, and 180. This rule adopts these federal regulations by reference, thus enabling the Department to comply with Section 72-9-301. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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 cwnewman@utah.gov
  • James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
  • Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at mjeronimo@utah.gov
  • Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov

Effective:

08/30/2016

Authorized by:

Carlos Braceras, Executive Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160915.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov; James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov; Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at mjeronimo@utah.gov; Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.