Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3k - Transportation of hazardous materials; driving and parking rules

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the following exceptions, 49 C.F.R.
			 Part 397, as in effect on October 1, 2018, is hereby adopted by reference:
(1) In  49 C.F.R. 397.1(a), the phrase
			 "§177.823 of this title" shall be deleted and replaced by " 49 C.F.R. 177.823  as adopted by   K.A.R. 82-4-20."
(2) In  49 C.F.R. 397.2, the phrase "the rules
			 in parts 390 through 397, inclusive, of this subchapter" shall be deleted and
			 replaced by "  K.A.R. 82-4-3a  and    K.A.R. 82-4-3f  through    K.A.R. 82-4-3k." The
			 phrase "§177.823 of this title" shall be deleted and replaced by " 49 C.F.R. 177.823  as adopted by   K.A.R. 82-4-20."
(3) In  49 C.F.R. 397.3, the term "Department
			 of Transportation" shall be deleted and replaced by "commission."
(4) In  49 C.F.R. 397.5(a), the phrase "as
			 defined by  49 C.F.R. 172.101  and adopted by   K.A.R. 82-4-20  " shall be added
			 after "(explosive) material."
(5)
			 In  49 C.F.R. 397.7(a), the phrase "as defined by  49 C.F.R. 172.101  and adopted
			 by   K.A.R. 82-4-20  " shall be added after the words "Division 1.1, 1.2, or 1.3
			 materials."
(6) The following
			 revisions shall be made to  49 C.F.R. 397.13:
(A) In paragraph (a), the phrase "as defined
			 by  49 C.F.R. 172.101  and adopted by   K.A.R. 82-4-20  " shall be added after the
			 phrase "Division 2.1, Class 3, Divisions 4.1 and 4.2."
(B) In paragraph (b), the phrase
			 "§177.823 of this title" shall be deleted and replaced by " 49 C.F.R. 177.823  as adopted by   K.A.R. 82-4-20."
(7) The following revisions shall be made to
			  49 C.F.R. 397.19:
(A) In paragraph (a), the
			 phrase "as defined by  49 C.F.R. 172.101  and adopted by   K.A.R. 82-4-20  " shall be
			 added after the words "(explosive) materials."
(B) In paragraph (c)(2), the phrase
			 "§177.817 of this title" shall be deleted and replaced by " 49 C.F.R. 177.817  as adopted by   K.A.R. 82-4-20."
(8) In  49 C.F.R. 397.61, the words "States
			 and Indian Tribes are required to follow if they" shall be replaced with
			 "Kansas shall follow if it chooses to."
(9) In  49 C.F.R. 397.63, the phrase "any
			 State or Indian Tribe that" shall be replaced with "Kansas if it."
(10) The following revisions shall be made to
			  49 C.F.R. 397.65:
(A) The definitions of
			 "Administrator" and "FMCSA" shall be deleted.
(B) In the definition of "Motor carrier," the
			 definition portion shall be deleted and replaced with the following: "Motor
			 carrier' shall have the same definition as specified in  49 CFR 390.5  as adopted
			 by   K.A.R. 82-4-3f."
(C) In the
			 definition of "Motor vehicle," the definition portion shall be deleted and
			 replaced with the following: "Motor vehicle' shall have the same definition as
			 specified in  49 CFR 390.5  as adopted by   K.A.R. 82-4-3f."
(D) In the definition of "Indian tribe," the
			 text "as in effect on January 14, 2019" shall be added after " 25 U.S.C. 450 b."
(E) In the definition of
			 "NRHM," the phrase "as adopted by   K.A.R. 82-4-20  " shall be added after " 49 CFR 172.504."
(F) In the definition of
			 "Radioactive material," the phrase "as adopted by   K.A.R. 82-4-20  " shall be
			 added after " 49 CFR 173.403," " 49 CFR 173.36," and " 49 CFR 173.433."
(11) The following changes shall
			 be made to  49 C.F.R. 397.67:
(A) In paragraph
			 (b), the phrase "as adopted by   K.A.R. 82-4-20  " shall be added after " 49 CFR 177.823."
(B) In paragraph (d), the
			 phrase "as adopted by   K.A.R. 82-4-20  " shall be added after " 49 CFR 173.50 and  173.53  respectively."
(12)
									49 C.F.R. 397.69  shall be
			 deleted.
(13)
									49 C.F.R. 397.71 shall be deleted.
(14)
									49 C.F.R. 397.73  shall be deleted.
(15)
									49 C.F.R. 397.75  shall be deleted.
(16)
									49 C.F.R. 397.77  shall be
			 deleted.
(17) The following
			 revisions shall be made to  49 C.F.R. 397.101:
(A) In paragraph (a), the phrase "as adopted
			 by   K.A.R. 82-4-20  " shall be added after " 49 CFR 172.403 " and after "49 CFR part
			 172."
(B) In paragraph (b), the
			 phrase "as adopted by   K.A.R. 82-4-20  " shall be added after " 49 CFR 173.403."
(C) In paragraph (b)(2),
			 the phrase "as adopted by   K.A.R. 82-4-20  " shall be added after " 49 CFR 173.403."
(D) In the first sentence
			 of paragraph (d), the phrase "as adopted by   K.A.R. 82-4-20  " shall be added
			 after " 49 CFR 173.403."
(E) In
			 paragraph (e)(1)(i), the phrase "as adopted by   K.A.R. 82-4-20  " shall be added
			 after "49 CFR parts 172, 173, and 177."
(F) In paragraph (e)(2), the phrase "§
			 391.51 of this subchapter" shall be deleted and replaced with " 49 C.F.R. 391.51 as adopted by   K.A.R. 82-4-3g."
(G)
			 In paragraph (f), the phrase "as adopted by   K.A.R. 82-4-20  " shall be added
			 after " 49 CFR 173.22(c)."
(18) In  49 C.F.R. 397.103, paragraphs (a),
			 (b), (c)(1), and (c)(2) shall be deleted.
(19)
									49 C.F.R. 397.201 to  49  C.F.R. 397.225
			 shall be deleted.
(20) All sections
			 labeled "reserved" shall be deleted.