Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3i - Parts and accessories necessary for safe operation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the following exceptions, 49 C.F.R.
			 Part 393, as in effect on October 1, 2018, is hereby adopted by reference:
(1) In  49 C.F.R. 393.1(a), the phrases
			 "§ 390.5 of this title" and "in § 390.5" shall be replaced with " 49 CFR §
										390.5  as adopted by KAR 82-4-3f."
(2) In  49 C.F.R. 393.1(e), the phrase " 49 CFR 390.38(b) " shall be deleted and replaced with " 49 C.F.R. 390.38(b)  as
			 adopted by   K.A.R. 82-4-3f."
(3) The
			 following revisions shall be made to  49 C.F.R. 393.5:
(A) The following provision shall be added
			 after the definition of "curb weight": "DOT C-2, DOT C-3, and DOT C-4. These
			 terms shall be established by figure 12-1, found in  49 C.F.R. 571.108  as
			 adopted in   K.A.R. 82-4-3i."
(B) In
			 the definition of "heater," the phrase "§177.834(l) (2) of this title"
			 shall be deleted and replaced with " 49 C.F.R. 177.834(l)(2)  as adopted by
			   K.A.R. 82-4-20."
(C) The definition
			 of "manufactured home" shall be deleted and replaced by the following:
			 "Manufactured home means a structure as defined by K.S.A. 58-4202(a)  and
			 amendments thereto. These structures shall be considered manufactured homes
			 when the manufacturer files with the transportation division a certification
			 that it intends that these structures shall be considered manufactured homes.
			 The manufacturer shall also certify that, if at any time it manufactures
			 structures it does not intend to be manufactured homes, it shall identify those
			 structures by a permanent serial number placed on the structure during the
			 first stage of production and that the series of serial numbers for those
			 structures shall be distinguishable on the structures and in its records from
			 the series of serial numbers used for manufactured homes."
(D) The following definition shall be added
			 after the definition of "manufactured home": "Optically combined. This term
			 refers to two or more lights that share the same body and have one lens totally
			 or partially in common."
(E) The
			 definition for "reflective material" shall be deleted and replaced by the
			 following: "Reflective material means a material conforming to federal
			 specification L-S-300c, sheeting and tape, reflective: nonexposed lens,' as in
			 effect on March 20, 1979 and as hereby adopted by reference, meeting the
			 performance standard in either table 1 or table 1A of SAE standard J594f,
			 reflex reflectors,' as revised in January 1977 and as hereby adopted by
			 reference."
(F) In the definition
			 of "special purpose vehicle," the phrase "as adopted by   K.A.R. 82-4-3i  " shall
			 be inserted after "571.224."
(G)
										49 C.F.R. 393.7  shall be deleted.
(4) The following revisions shall be made to
			  49 C.F.R. 393.11:
(A) The phrase "as adopted
			 by   K.A.R. 82-4-3i  " shall be inserted after each instance of
			 "571.108."
(B) The last sentence of
			 paragraph (a)(1) shall be deleted and replaced with the following: "All
			 commercial motor vehicles must, at a minimum, meet the requirements of Subpart
			 B of 49 C.F.R. Part 393 in effect at the time of manufacture. For vehicles
			 manufactured prior to the earliest effective date of Subpart B of 49 C.F.R.
			 Part 393, all commercial motor vehicles must, at a minimum, meet the
			 requirements of Subpart B of 49 C.F.R. Part 393 as of the earliest effective
			 date of Subpart B of 49 C.F.R. Part 393."
(C) In footnote 12, the phrase "as adopted by
			   K.A.R. 82-4-3h  " shall be inserted after "392.22(a)."
(5) The following revision shall be made to
			  49 C.F.R. 393.13: In paragraph (a), the phrase "§ 390.5 of this
			 subchapter" shall be deleted and replaced by " 49 C.F.R. 390.5, as adopted by
			   K.A.R. 82-4-3f." The last two sentences of paragraph (a) shall be
			 deleted.
(6) The following
			 revisions shall be made to  49 C.F.R. 393.24:
(A) In paragraph (b), the parenthetical
			 sentence shall be deleted.
(B)
			 Paragraph (d) shall be deleted.
(7) In  49 C.F.R. 393.25(c) and (e), the last
			 sentence shall be deleted and replaced with the following: "The aforementioned
			 documents are hereby adopted by reference."
(8) The following revisions shall be made to
			  49 C.F.R. 393.26:
(A) In paragraph (c), the
			 parenthetical sentence shall be deleted and replaced with the following: "The
			 aforementioned documents are hereby adopted by reference."
(B) In paragraph (d)(4), 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."
(9) In  49 C.F.R. 393.28, the clause "which is
			 hereby adopted by reference," shall be inserted after the phrase "October
			 1981," and the last sentence shall be deleted.
(10) In  49 C.F.R. 393.45(a), the phrase "as
			 adopted by   K.A.R. 82-4-3i  " shall be inserted after "571.106."
(11) The following revision shall be made to
			  49 C.F.R. 393.48: In paragraph (c)(1), the phrase "§ 390.5" shall be
			 deleted and replaced with " 49 C.F.R. 390.5  as adopted by   K.A.R.
			 82-4-3f."
(12) The note following
			  49 C.F.R. 393.5 1 (b) shall be deleted.
(13) In  49 C.F.R. 393.62(d)(1), the
			 parenthetical sentence at the end of the paragraph shall be deleted and
			 replaced with "Pages 1-37 of this document are hereby incorporated by
			 reference."
(14) The following
			 revisions shall be made to  49 C.F.R. 393.71:
(A) In paragraph (h)(8), the phrase "Society
			 of Automotive Engineers Standard No. J684c, Trailer Couplings and
			 HitchesAutomotive Type,' July 1970" shall be deleted and replaced with "society
			 of automotive engineers standard no. J684c, trailer couplings and hitches
			 automotive type,' dated July 1970, which is hereby adopted by
			 reference."
(B) In paragraph
			 (h)(9), the phrase "requirements of the Federal Motor Carrier Safety
			 Administration" shall be deleted and replaced by "Federal and Kansas
			 requirements."
(C) In paragraph
			 (m)(8), the phrase "requirements of the Federal Motor Carrier Safety
			 Administration" shall be deleted and replaced by "Federal and Kansas
			 requirements."
(15) The
			 following revisions shall be made to  49 C.F.R. 393.75:
(A) In paragraphs (g) and (h)(2), the phrase
			 "as adopted by   K.A.R. 82-4-3i  " shall be inserted after "571.119."
(B) In paragraphs (h)(1) and (h)(2), the
			 clause "that are labeled pursuant to  24 C.F.R. 3282.362(c)(2)(i) " shall be
			 deleted and replaced by "built."
(16)
									49 C.F.R. 393.77(b)(15)  shall be
			 deleted.
(17) In  49 C.F.R. 393.77(c), the phrase "§ 177.834(1) of this title" shall be deleted and
			 replaced by " 49 C.F.R. 177.834(l)  as adopted by   K.A.R. 82-4-20."
(18) In  49 C.F.R. 393.80(a) and (b), the
			 phrase "as adopted by   K.A.R. 82-4-3i  " shall be inserted after
			 "571.111."
(19) The following
			 revisions shall be made to  49 C.F.R. 393.86:
(A) In paragraph (a)(1), the third sentence
			 shall be deleted.
(B) In paragraph
			 (a)(6), the phrase "as adopted by   K.A.R. 82-4-3i  " shall be inserted after
			 "571.223."
(20) Each
			 reference to 49 C.F.R. Part 571 shall be followed by the phrase "as adopted by
			   K.A.R. 82-4-3i."
(21) In  49 C.F.R. 393.94, paragraph (c)(4) shall be deleted and replaced by the following: "Set
			 the sound level meter to the A-weighting network, fast' meter
			 response."
(22) The following
			 revisions shall be made to  49 C.F.R. 393.95:
(A) In paragraph (a)(1)(i), the phrase
			 "§177.823 of this title" shall be deleted and replaced with " 49 C.F.R. 177.823  as adopted by   K.A.R. 82-4-20."
(B) In paragraph (f)(1), the phrase "as
			 adopted by   K.A.R. 82-4-3i  " shall be inserted after "571.125."
(C) In paragraph (f)(2), the phrase "§
			 392.22" shall be deleted and replaced by " 49 C.F.R. 392.22  as adopted by   K.A.R.
			 82-4-3h."
(D) In paragraph (j), the
			 second sentence and the parenthetical sentence following it shall be
			 deleted.
(23) The
			 following revisions shall be made to  49 C.F.R. 393.104(e)  and its corresponding
			 table:
(A) In paragraph (e)(1), the phrase
			 "Standard Specification for Strapping, Flat Steel and Seals, American Society
			 for Testing and Materials (ASTM) D3953-97, February 1998" shall be deleted and
			 replaced with "standard specification for strapping, flat steel and seals,'
			 American society for testing and materials (ASTM) D 3953-97, February 1998."
			 This specification is hereby adopted by reference.
(B) In paragraph (e)(2), the phrase "National
			 Association of Chain Manufacturers' Welded Steel Chain Specifications, dated
			 September 28, 2005" shall be deleted and replaced with "pages 3-13 of the
			 national association of chain manufacturers' welded steel chain
			 specifications,' dated September 28, 2005." These pages are hereby adopted by
			 reference.
(C) In paragraph (e)(3),
			 the phrase "Web Sling and Tiedown Association's Recommended Standard
			 Specification for Synthetic Web Tiedowns, WSTDA-T1, 1998" shall be deleted and
			 replaced with "pages 4-14 of the web sling & tie down association's
			 recommended standard specification for web tie downs,' WSTDA-T-1, revised
			 2015." These pages are hereby adopted by reference.
(D) In paragraph (e)(5)(i), the phrase
			 "PETRS-2, Polyester Fiber Rope, three-Strand and eight-Strand Constructions,
			 January 1993" shall be deleted and replaced with "CI 1304-96, polyester (PET)
			 fiber rope: 3-strand and 8-strand constructions,' October 1998, excluding any
			 guidelines, which is hereby adopted by reference."
(E) In paragraph (e)(5)(ii), the phrase
			 "PPRS-2, Polypropylene Fiber Rope, three-Strand and eight-Strand Constructions,
			 August 1992" shall be deleted and replaced with "CI 1301-07, polypropylene
			 fiber rope: 3-strand laid and 8-strand plaited constructions,' May 2007,
			 excluding any guidelines, which is hereby adopted by reference."
(F) In paragraph (e)(5)(iii), the phrase
			 "CRS-1, Polyes-ter/Polypropylene Composite Rope Specifications, three-Strand
			 and eight-Strand Standard Construction, May 1979" shall be deleted and replaced
			 with "CI 1302A-96, polyester/polyolefin dual fiber rope: 3-strand
			 construction,' April 1999, excluding any guidelines, which is hereby adopted by
			 reference."
(G) In paragraph
			 (e)(5)(iv), the phrase "NRS-1, Nylon Rope Specifications, three-Strand and
			 eight-Strand Standard Construction, May 1979" shall be deleted and replaced
			 with "CI 1303-06, nylon (polyamide) fiber rope: 3-strand laid and 8-strand
			 plaited constructions,' October 2006, excluding any guidelines, which is hereby
			 adopted by reference."
(H) In
			 paragraph (e)(5)(v), the phrase "C-1, Double Braided Nylon Rope Specification
			 DBN, January 1984" shall be deleted and replaced with "CI 1310-09, nylon
			 (polyamide) fiber rope: high performance double braid construction,' May 2009,
			 excluding any guidelines, which is hereby adopted by reference."