17 AAC 25.200. Transportation of hazardous materials, hazardous substances, or hazardous waste

(a) A person driving a commercial motor vehicle, or a company whose business involves the operation of a commercial motor vehicle, upon a highway or vehicular way or area, shall comply with the transportation of hazardous materials, hazardous substances, or hazardous waste regulations adopted by the United States Department of Transportation and contained in the following provisions, as revised as of October 1, 2003 and adopted by reference, except as provided in (b) of this section:

(1) 49 C.F.R. 105.5 (Definitions for 49 C.F.R. Parts 105 - 110);

(2) 49 C.F.R. Part 107 (Hazardous Materials Program Procedures);

(3) 49 C.F.R. Part 171 (General Information, Regulations, and Definitions);

(4) 49 C.F.R. Part 172 (Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements);

(5) 49 C.F.R. Part 173 (Shippers--General Requirements for Shipments and Packaging);

(6) 49 C.F.R. Part 177 (Carriage by Public Highway);

(7) 49 C.F.R. Part 178 (Specifications for Packagings);

(7) 49 C.F.R. Part 180 (Continuing Qualification and Maintenance of Packagings).

(b) The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:

(1) 49 C.F.R. 107.1 is revised by replacing " Administrator means the Administrator, Research and Special Programs Administration or his or her delegate." with " Administrator means the director of the division.";

(2) 49 C.F.R. 105.5 and 107.1 are revised by replacing "Associate Administrator means the Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration." with "Associate Administrator means the director of the division."

(3) 49 C.F.R. 171.1(a)(1) is revised to read: "The offering of hazardous materials for transportation and transportation of hazardous materials in interstate, intrastate, and foreign commerce by motor vehicle.";

(4) 49 C.F.R. 171.1 (a)(2) is revised to read: "The representation that a hazardous material is present in a package, container, or motor vehicle.";

(5) 49 C.F.R. 171.8 is revised by replacing "DOT or Department means U.S. Department of Transportation." with "DOT or Department means the state Department of Transportation and Public Facilities.";

(6) 49 C.F.R. 171.15(b) is revised to specify that the required notice shall also be given to the division;

(7) 49 C.F.R. 171.16(b) is revised to specify that the required notice shall also be given to the division;

(8) 49 C.F.R. 171.21(a) is revised by replacing "authorized representative or special agent of the Department" with "enforcement officer";

(9) 49 C.F.R. 173.3(a) is revised by replacing "of the Department" with "by an enforcement officer".

(c) A person who intends to transport a hazardous material listed in Table 1 of 49 C.F.R. 172.504, on a highway or vehicular way or area shall notify the division of the intent to transport the material at least 24 hours before transporting the material. The notice must identify the date, approximate time, and route by which the material will be transported, and the telephone number of the person who is responsible for the transportation of the material. Hazardous materials listed in Table 1 of 49 C.F.R. 172.504 must be transported on the date and by the route identified in the notice required under this subsection. Notwithstanding 17 AAC 25.800, the division may waive the 24-hour notice requirement.

(d) If the division concludes, after reviewing a notice of intent to transport under (c) of this section, that the planned transportation of a hazardous material listed in Table 1 of 49 C.F.R. 172.504 presents a danger to the public health, safety, or welfare, the division shall either deny permission to transport the material or require the material to be transported on an alternative date or by an alternative route. A person may not transport a hazardous material listed in Table 1 of 49 C.F.R. 172.504, if the division denies permission to transport. If the division designates an alternative date or route under this subsection, hazardous materials listed in Table 1 of 49 C.F.R. 172.504 must be transported on the date and by the route designated by the division.

History: Eff. 11/16/2004, Register 172

Authority: AS 19.05.010

Editor's note: The address and telephone number for giving the additional notice required under 17 AAC 25.200(b) (6) - (7) is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Anchorage, Alaska 99515-3567; telephone: (907) 341-3200.

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