reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1220 - Temporary abandonment of reservoir storage wells and reservoir storage facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 operator of a reservoir storage well shall, within 90 days after any reservoir
			 storage well ceases operation, plug the storage well according to K.A.R.
			 82-3-1219 or file an application with the conservation division requesting
			 temporary abandonment status, on a form provided by the conservation division.
(1) An application for temporary abandonment
			 status may be approved by the director for one year if approval will not
			 threaten public safety, usable water, or soil. Each operator shall file any
			 subsequent one-year application before the expiration of the previous approved
			 temporary abandonment period. No well that has been temporarily abandoned for
			 10 years or longer shall be approved for temporary abandonment
			 status.
(2) If a temporary
			 abandonment application is denied, the operator shall plug the well pursuant to
			 K.A.R. 82-3-1219.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1221 - Decommissioning and abandonment of a storage facility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No operator shall permanently abandon a
			 storage facility unless an application is approved by the director. Each
			 operator decommissioning and abandoning a storage facility shall file an
			 application at least 90 days before any decommissioning activities. The
			 application shall contain a detailed decommissioning plan that includes the
			 following:
(1) The anticipated date and a
			 schedule for plugging each storage well;
(2) a schedule for abandoning the storage
			 facility, including when and how any equipment and building will be
			 abandoned;
(3) the name and address
			 of persons responsible for any equipment and buildings that will be abandoned
			 or will remain in use;
(4) a
			 reasonable estimate of the cost to perform the activities specified in
			 subsection (b); and
(5) any
			 additional information necessary for the director to determine whether the
			 decommissioning plan will protect public safety, usable water, and
			 soil.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1222 - Reporting required; record retention

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each operator shall meet the requirements
			 in subsection (b) if any safety inspection reveals any regulatory or permit
			 deficiencies at the storage facility, if any threat to public safety, usable
			 water, or soil is discovered, or if the storage facility or any storage well
			 fails any monitoring activity, test, survey, or log specified in the following
			 plans:
(1) The site selection plan in K.A.R.
			 82-3-1208;
(2) the drilling and
			 completion plan in K.A.R. 82-3-1209;
(3) the storage facility integrity plan in
			 K.A.R. 82-3-1210;
(4) the storage
			 well workover plan in K.A.R. 82-3-1211;
(5) the storage well integrity plan in K.A.R.
			 82-3-1212 or K.A.R. 82-3-1213;
(6)
			 the long-term monitoring, measurement, and testing plan in K.A.R. 82-3-1214 or
			 K.A.R. 82-3-1215;
(7) the safety
			 and emergency response plan in K.A.R. 82-3-1216;
(8) the plugging-monitoring status plan in
			 K.A.R. 82-3-1218;
(9) the well
			 plugging plan in K.A.R. 82-3-1219; and
(10) the decommissioning plan in K.A.R.
			 82-3-1221.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1223 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each operator
			 shall submit a fee of $18,890 for each storage facility and $305 for each
			 storage well annually on or before January 31. The operator shall pay the fee
			 for each cavern storage well, whether plugged or unplugged, and for each
			 unplugged reservoir storage well.
(b) Each permit applicant shall submit a fee
			 of $1,500, in addition to any applicable plan fees specified in paragraph
			 (c)(2), to the conservation division with any permit application submitted
			 according to K.A.R. 82-3-1203.
(c)
			 Each operator shall submit a fee in the amount of $1,500 to the conservation
			 division for each of the following at the time of submission of the application
			 or plan:
(1) An application to amend a storage
			 facility permit according to K.A.R. 82-3-1205;
(2) each drilling and completion plan filed
			 according to K.A.R. 82-3-1209;
(3)
			 each workover plan filed according to K.A.R. 82-3-1211;
(4) each plugging-monitoring status plan
			 according to K.A.R. 82-3-1218;
(5)
			 each well plugging plan according to K.A.R. 82-3-1219;
(6) each application for temporary
			 abandonment status for the storage facility or any storage well according to
			 K.A.R. 82-3-1220; and
(7) an
			 application to decommission and abandon the storage facility according to
			 K.A.R. 82-3-1221.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1300 - Definitions; horizontal wells

Current through Register Vol. 43, No. 28, July 11, 2024
The terms and definitions in
				K.A.R.
				82-3-101, with some of those definitions
				modified as follows, shall apply to these regulations for horizontal wells, in
				addition to the new terms and definitions specified:
(a) "Bottom-hole location" means the terminus
			 of each horizontal wellbore.
(b)
			 "Completion interval" means the following:
(1)
			 For open-hole horizontal wellbores, the area between the point that the
			 wellbore contacts the producing formation and the bottom hole, including any
			 isolation packers; and
(2) for
			 cased horizontal wellbores, the area between the perforation nearest the
			 vertical portion of the horizontal well and the perforation nearest the
			 bottom-hole location.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1301 - Horizontal wells

Current through Register Vol. 43, No. 28, July 11, 2024
The regulations applicable to wells, as defined in
				K.A.R.
				82-3-101, shall apply to horizontal wells,
				except as specifically provided in
				K.A.R.
				82-3-1300 through
				K.A.R.
				82-3-1307.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1302 - Notice of intention to drill; setback

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before commencing the drilling of any
			 horizontal well, each operator shall submit to the conservation division and
			 obtain approval of a written notice of the intention to drill according to
			 K.A.R. 82-3-103 on a form supplied by the commission. The notice shall include
			 information specific to the horizontal well, including the estimated true
			 vertical depth, the estimated bottom-hole location, the estimated completion
			 interval, a brief description of the leased acreage, and a statement regarding
			 whether multiple leases are unitized. Each submitted form shall be accompanied
			 by a detailed plat map that includes the surface location, estimated completion
			 interval, estimated bottom-hole location, and lease or unit
			 boundaries.
(b) The setback
			 requirements in K.A.R. 82-3-108, K.A.R. 82-3-207, and K.A.R. 82-3-312 shall be
			 applicable to the entire completion interval of each horizontal
			 wellbore.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1303 - Oil and gas allowables

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 oil allowables specified in K.A.R. 82-3-203 and the standard daily allowable
			 for gas wells specified in K.A.R. 82-3-312 shall not apply to horizontal
			 wells.
(b) Each horizontal well
			 classified as an "oil well" in K.A.R. 82-3-101 shall be assigned a production
			 allowable of 200 barrels of oil per day for each 660 feet of the completion
			 interval. Each remainder of less than 660 feet shall result in a
			 correspondingly proportionate addition to the allowable.
(c) Each horizontal well classified as a "gas
			 well" in K.A.R. 82-3-101 shall be assigned a production allowable of 3,000,000
			 cubic feet per day.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1304 - Gas well test exemption

Current through Register Vol. 43, No. 28, July 11, 2024
The gas well testing requirements in
				K.A.R.
				82-3-303 and
				K.A.R.
				82-3-304 shall not apply to any horizontal
				well.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1305 - Venting and flaring

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 venting and flaring requirements in K.A.R. 82-3-208 and K.A.R. 82-3-314 shall
			 not apply to any horizontal well.
(b) The following venting and flaring
			 requirements shall apply to each horizontal well:
(1) No operator shall vent gas from any
			 horizontal well.
(2) Each operator
			 flaring gas from a horizontal well shall meet the following requirements:
(A) The operator shall ensure that the site
			 is inspected and approved by the appropriate district office before the
			 commencement of flaring.
(B) The
			 operator shall file an affidavit on a form supplied by the commission within
			 five days after commencement of flaring.
(C) The operator may flare gas for a maximum
			 of 30 producing days following the initial horizontal completion or
			 recompletion.
(i) A "producing day" shall mean
			 any day in which fluid is produced at the well.
(ii) When counting the producing days for
			 flaring purposes, the producing days may be consecutive or intermittent, or
			 both.
(D) The operator
			 may submit a written request to flare for an additional 30 producing days. The
			 request shall be granted by the director if the operator demonstrates that
			 additional flaring is necessary to prevent waste and will not violate
			 correlative rights. Only one additional flaring period of 30 producing days may
			 be authorized by the director.
(E)
			 No operator shall flare gas for more than 60 producing days without commission
			 approval of an application for an exception according to K.A.R. 82-3-100
			 .
(F) The operator shall
			 continuously meter, measure, or monitor the flared gas and shall retain the
			 chart or record for at least two years. The operator shall provide the
			 conservation division with a copy of the chart or record within five business
			 days of receipt of any request.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1306 - High-volume pumps

Current through Register Vol. 43, No. 28, July 11, 2024
The restrictions on and requirements for the use of high-volume
				pumps in K.A.R. 82-3-131 shall not apply to
				any horizontal well.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1307 - Well completion report

Current through Register Vol. 43, No. 28, July 11, 2024
Each operator of a horizontal well shall comply with the
				affidavit requirements in
				K.A.R.
				82-3-106 and
				K.A.R.
				82-3-130 by submitting to the conservation
				division and obtaining approval of a well completion report on a form provided
				by the commission, which shall include the true vertical depth and information
				specific to the horizontal well. Each submitted form shall be accompanied by a
				copy of the directional survey and a detailed, as-drilled plat map that
				includes the lease or unit boundaries, surface location, completion interval,
				and bottom-hole location.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1400 - Hydraulic fracturing treatment; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The terms and definitions in
				K.A.R.
				82-3-101 shall apply to
				K.A.R.
				82-3-1400 through
				82-3-1402, in addition to the
				following terms and definitions:
(a)
			 "Base fluid" means the primary fluid, as measured by volume, used in a
			 hydraulic fracturing treatment.
(b)
			 "Chemical" means any element, chemical compound, chemical substance, or
			 combination thereof that has a specific identity.
(c) "Chemical abstracts service registry
			 number" and "CAS number" mean the unique identification number assigned to a
			 chemical by the chemical abstracts service.
(d) "Chemical constituent" means any chemical
			 or chemical concentration intentionally added to a base fluid.
(e) "Chemical disclosure registry" means the
			 publicly available web site database managed by the ground water protection
			 council and the interstate oil and gas compact commission and known as
			 "fracfocus," or any other database authorized by order of the
			 commission.
(f) "Health
			 professional" means a physician, physician assistant, nurse practitioner,
			 registered nurse, emergency medical technician, or similar individual who is
			 licensed in that individual's state of practice.
(g) "Hydraulic fracturing fluid" means the
			 base fluid, each proppant, and all chemical constituents used in a hydraulic
			 fracturing treatment.
(h)
			 "Hydraulic fracturing treatment" means all stages in a well completion
			 utilizing hydraulic fracturing fluid under pressure to create fractures in a
			 targeted geological formation.
(i)
			 "Manufacturer" means an entity that produces finished goods from raw
			 materials.
(j) "Proppant" means
			 each material used in a hydraulic fracturing treatment for the purpose of
			 propping open fractures.
(k)
			 "Service company" means an entity that performs a hydraulic fracturing
			 treatment.
(l) "Supplier" means an
			 entity that provides chemical constituents for hydraulic fracturing
			 fluid.
(m) "Trade secret" has the
			 meaning specified in
			 K.S.A.
			 60-3320, and amendments thereto.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1401 - Hydraulic fracturing treatment; chemical disclosure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Applicability. This regulation shall
			 apply to each hydraulic fracturing treatment that uses more than 350,000
			 gallons of base fluid.
(b) Operator
			 disclosures. Unless the operator submits all information to the chemical
			 disclosure registry under subsection (f), the operator shall submit to the
			 commission a list of each hydraulic fracturing treatment as part of the
			 completion report required by K.A.R. 82-3-130. The list shall include the
			 following information, as a percentage by mass of the total amount of hydraulic
			 fracturing fluid:
(1) The base fluid used,
			 including its total volume;
(2)
			 each proppant; and
(3) each
			 chemical constituent at its maximum concentration in the hydraulic fracturing
			 fluid and its CAS number.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 3 - PRODUCTION AND CONSERVATION OF OIL AND GAS › Section 82-3-1402 - Hydraulic fracturing treatment; disclosure of trade secrets

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Director.
(1) The manufacturer, supplier, service
			 company, or operator shall provide the specific identity of a chemical
			 constituent reported to be a trade secret to the director under the following
			 circumstances:
(A) Within two business days
			 after receipt of a letter from the director stating that the information is
			 necessary to investigate a spill or contamination of fresh and usable water
			 relating to a hydraulic fracturing treatment; or
(B) immediately following notice from the
			 director that an emergency requiring disclosure exists.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following terms used in connection with the regulations of
				the state corporation commission governing motor carriers shall be defined as
				follows:
(a) "Afliate" means a person or
			 company controlling, controlled by, or under common control or ownership with
			 another person or company.
(b) "Air
			 mile" means nautical mile.
(c)
			 "Authorized agent" and "authorized representative" mean any authorized special
			 agent or employee of the commission, any member of the Kansas highway patrol, or
			 any law enforcement officer in the state certified in the inspection of motor
			 carriers and authorized in accordance with the requirements of the Kansas motor
			 carrier safety program.
(d)
			 "Certificate" means a document evidencing a certificate of convenience and
			 necessity or a certificate of public service issued to an intrastate common
			 carrier to operate motor vehicles as a common carrier.
(e) "Chameleon carrier" means a motor carrier
			 continuing its motor carrier operation under a new USDOT or motor carrier
			 identification (MCID) number for the purpose of avoiding a fine, penalty, federal
			 out-of-service order, or commission order that was issued against the previously
			 used USDOT or MCID number.
(f)
			 "Commission" means Kansas corporation commission.
(g) "Director" means director of the
			 transportation division of the commission.
(h) "Distance" means distance measured in air
			 miles.
(1) Distances shall be computed from the
			 corporate limits of incorporated communities and from the post office of
			 unincorporated communities.
(2) If
			 there is no post office in the unincorporated community, the distance shall be
			 computed from the center of the business district.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-2 - General duty of carrier

Current through Register Vol. 43, No. 28, July 11, 2024
(a)Each
			 motor carrier shall instruct its officers, agents, employees, and
			 representatives to comply with all the regulations of the commission.
(b)Each motor carrier and its officers,
			 agents, employees, and representatives shall comply with the regulations of the
			 commission and with any reasonable requests of the commission or its authorized
			 agents for inspection or examination of any operating credentials of motor
			 carrier equipment or required parts and accessories.
(c)Each motor carrier who has obtained a
			 certificate, license, or permit from the commission shall notify the commission
			 within 10 days of any change of business or mailing address.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-2a - Authority of agents, employees, or representatives authorized by commission

Current through Register Vol. 43, No. 28, July 11, 2024
The special agents, agents, employees, or representatives
				authorized by the commission shall have the authority to perform the
				following:
(a) Examine motor carrier
			 equipment operating on the highways in this state;
(b) enter upon any motor carrier's premises
			 located in Kansas and inspect and examine the motor carrier's records, books,
			 and equipment located on the premises;
(c) examine the manner of the motor carrier's
			 conduct as it relates to the public safety and the operation of commercial
			 motor vehicles in this state; and
(d) declare or place, or both, any commercial
			 motor vehicle, driver, or motor carrier "out-of-service" for any
			 "out-of-service" conditions as defined in   K.A.R. 82-4-1. Authorized personnel
			 shall declare and mark as out-of service any commercial motor vehicle, driver,
			 or motor carrier that by reason of its mechanical condition or loading would
			 likely cause an accident or a breakdown or is in violation of any commission
			 economic or safety regulations or "out-of-service" criteria as defined in
			   K.A.R. 82-4-1. An "out-of-service vehicle" sticker or a form approved by the
			 Kansas highway patrol shall be used to mark each vehicle and any intermodal
			 equipment as out-of-service.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3 - Exemption from the motor carrier safety regulations

Current through Register Vol. 43, No. 28, July 11, 2024
The commission's safety regulations and the federal safety
				regulations adopted by reference in this article of the commission's
				regulations shall not apply to the following:
(a) The occasional transportation of personal
			 property by private motor carriers that is not for compensation and is not in
			 the furtherance of a commercial enterprise;
(b) the operation of fire trucks and rescue
			 vehicles while involved in emergency and related operations;
(c) the operation of commercial motor
			 vehicles designed or used to transport between nine and 15 passengers,
			 including the driver, not for compensation, if the commercial motor vehicle
			 does not otherwise meet the definition of a commercial motor vehicle, except
			 that motor carriers operating these vehicles shall comply with  49 C.F.R. 390.15, 49  C.F.R. 390.19T, and  49 C.F.R. 390.21T, as adopted by   K.A.R. 82-4-3f;
			 and
(d) either a driver of a
			 commercial motor vehicle used primarily in the transportation of propane winter
			 heating fuel or a driver of a motor vehicle used to respond to a pipeline
			 emergency, if the regulations would prevent the driver from responding to an
			 emergency condition requiring immediate response as defined in  49 C.F.R. 390.5T, as adopted by   K.A.R. 82-4-3f.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3a - Hours of service

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) With the following exceptions, 49 C.F.R.
			 Part 395, as in effect on October 1, 2015 and as amended by 80 fed. reg.
			 78383-78416 (2015), excluding appendix A to subpart B, and 81 fed. reg.
			 47721-47722 (2016), is hereby adopted by reference:
(A) The following revisions shall be made to
			 49 C.F.R.
			 395.1:
(i)
											49 C.F.R.
			 395.1(a)(2) shall be
			 deleted.
(ii) In paragraph (b), the
			 phrase "Except as provided in paragraph (h)(2) of this section," shall be
			 deleted.
(iii) In paragraph
			 (g)(1)(i), the phrase "393.76 of this subchapter" shall be deleted and replaced
			 with "
			 49 C.F.R. 393.76
			 as adopted by
			 K.A.R.
			 82-4-3i."
(iv) In paragraph (g)(1)(i)(B), the phrase ",
			 or, in the case of drivers in Alaska, the driving limit specified in §
			 395.1(h)(1)(i)-(ii)," shall be deleted.
(v) In paragraph (g)(1)(i)(C), the phrase ",
			 or in the case of drivers in Alaska, the period specified in §
			 395.1(h)(1)(ii)," shall be deleted.
(vi) In paragraph (g)(1)(ii)(C), the phrase
			 "- or, for calculation of the 20-hour period in § 395.1(h)(1)(ii) for
			 drivers in Alaska, all on-duty time-" shall be deleted.
(vii) In paragraph (g)(2), the phrase "393.76
			 of this sub-chapter" shall be deleted and replaced with "
			 49 C.F.R. 393.76
			 as adopted by
			 K.A.R.
			 82-4-3i."
(viii) In paragraph (g)(3), the phrase
			 "393.76 of this sub-chapter" shall be deleted and replaced with "
			 49 C.F.R. 393.76
			 as adopted by
			 K.A.R.
			 82-4-3i."
(ix)
											49 C.F.R.
			 395.1(h) shall be
			 deleted.
(x)
											49 C.F.R.
			 395.1(i) shall be
			 deleted.
(xi) In paragraph (k), the
			 phrase "each State" shall be deleted and replaced with "the state of Kansas."
			 The following shall be added after subparagraph (3): "(4) 'Planting and
			 harvesting seasons' means the time periods for planting, growing, and
			 harvesting that occur between January 1 and December 31."
(xii) In paragraph (q), the phrase "
			 49 CFR
			 397.5 " shall be deleted and replaced with "
			 49 C.F.R.
			 397.5 as adopted by
			 K.A.R.
			 82-4-3k."
(xiii) In paragraph (s), the phrase "
			 49
			 CFR 390.5 " shall be deleted and replaced
			 with "
			 49
			 C.F.R. 390.5 as adopted by
			 K.A.R.
			 82-4-3f."
(xiv) In paragraph (x), 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."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3c - Testing for controlled substances and alcohol use

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 With the following exceptions, 49 C.F.R. Part 382, as in effect on October 1,
			 2018 and as amended by 84 fed. reg. 51432 (2019), is hereby adopted by
			 reference:
(1) The following revisions shall
			 be made to  49 C.F.R. 382.103:
(A) In paragraph
			 (a), the phrase "any State" shall be deleted and replaced by "the state of
			 Kansas."
(B) In paragraph (a)(1),
			 the phrase "part 383 of this subchapter" shall be deleted and replaced with
			 "the Kansas uniform commercial drivers' license act, K.S.A. 8-2,125  et
			 seq."
(C) In paragraph (d)(1), the
			 phrase "part 655 of this title" shall be replaced with "49 CFR Part
			 655."
(D) In paragraph (c), the
			 phrase "§ 390.3(f) of this subchapter" shall be deleted and replaced by
			 " 49 C.F.R. 390.3(f)  as adopted by   K.A.R. 82-4-3f."
(E) Paragraph (d)(2) shall be deleted and
			 replaced by the following: "(2) Operating vehicles exempted from the Kansas
			 uniform commercial drivers' license act by K.S.A. 8-2,127  and amendments
			 thereto."
(F) In paragraph (d)(3),
			 the phrase "a State" shall be deleted and replaced by "the state of Kansas."
			 The phrase "part 383 of this subchapter" shall be deleted and replaced by "the
			 Kansas uniform commercial drivers' license act." The text "These individuals
			 may be:" shall be deleted.
(G)
			 Paragraphs (d)(3)(i) and (d)(3)(ii) shall be deleted.
(H) In paragraph (d)(4), the phrase " 49 CFR 390.5 " shall be deleted and replaced by " 49 C.F.R. 390.5  as adopted by   K.A.R.
			 82-4-3f."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3f - General motor carrier safety regulations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 390, as in effect on October 1, 2018, is
			 hereby adopted by reference:
(1) The following
			 revisions shall be made to  49 C.F.R. 390.3T:
(A) In paragraph (a), the phrase "or
			 intrastate" shall be added after the word "interstate."
(B) In paragraph (a)(2), " 49 CFR 386.12(c) "
			 shall be deleted and replaced with " 49 C.F.R. 386.12(c), as adopted by   K.A.R.
			 82-4-3o."
(C) Paragraph (b) shall
			 be deleted and replaced with the following: "The Kansas uniform commercial
			 drivers' license act, found at K.S.A. 8-2,125  et seq., is applicable to every
			 person who operates a commercial motor vehicle in interstate or intrastate
			 commerce and to all employers of such persons."
(D)The following revisions shall be made to
			 paragraph (c):
(i) The phrase "Part 387 of
			 this chapter, Minimum Levels of Financial Responsibility for Motor Carriers"
			 shall be deleted and replaced with "49 C.F.R. Part 387 as adopted by   K.A.R.
			 82-4-3n."
(ii) The phrase "§
			 387.3 or § 387.27" shall be deleted and replaced with " 49 C.F.R. 387.3 or  387.27  as adopted by   K.A.R. 82-4-3n."
(E) In paragraphs (f)(1) and (6), the phrase
			 "of this chapter" shall be replaced with "as adopted by   K.A.R. 82-4-3g  and
			    K.A.R. 82-4-3h."
(F) Paragraph
			 (g)(1) shall be deleted and replaced with the following: "(1) 49 C.F.R. Part
			 385, subparts A and E, as adopted by   K.A.R. 82-4-3d,  for carriers subject to
			 the requirements of  49 C.F.R. 385.403, as adopted by   K.A.R. 82-4-3d." In
			 Paragraph (g)(2), the phrase "of this subchapter" shall be replaced with "as
			 adopted by   K.A.R. 82-4-3o." Paragraph (g)(3) shall be deleted and replaced with
			 "49 C.F.R. Part 387, as adopted by   K.A.R. 82-4-3n, to  the extent provided in  49 C.F.R. 387.3  as adopted by   K.A.R. 82-4-3n." Paragraph (g)(4) shall be
			 deleted.
(G) The following
			 revisions shall be made to paragraph (h):
(i)
			 Paragraph (1) shall be deleted.
(ii) Paragraph (2) shall be deleted and
			 replaced with "49 C.F.R. Part 386, Subpart F as adopted by   K.A.R.
			 82-4-3o."
(iii) Paragraph (4) shall
			 be deleted and replaced with "49 C.F.R. Part 393 as adopted by   K.A.R.
			 82-4-3i."
(iv) Paragraph (5) shall
			 be deleted and replaced with "49 C.F.R. Part 396 as adopted by   K.A.R.
			 82-4-3j."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3g - Qualifications of drivers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 391, as in effect on October 1, 2018 and
			 as amended by 84 fed. reg. 51434-51435 (2019), is hereby adopted by reference:
(1) The following revisions shall be made to
			  49 C.F.R. 391.2:
(A) In paragraph (c), the
			 phrase "§ 390.5 of this chapter" shall be deleted and replaced with " 49 C.F.R. 390.5  as adopted by   K.A.R. 82-4-3f."
(B) In paragraph (d), the phrase " 49 CFR 390.5 " shall be deleted and replaced with " 49 C.F.R. 390.5  as adopted by   K.A.R.
			 82-4-3f."
(C) In paragraph (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."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3j - Inspection, repair, and maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions,  49 C.F.R. Part 396  including appendix A, as in effect on
			 October 1, 2022, is hereby adopted by reference:
(1) In  49 C.F.R. 396.1 (c), the phrase "49 CFR 390.5" shall be deleted and replaced with "49 C.F.R. 390.5  as adopted by   K.A.R.
			 82-4-3f." In paragraph (d), 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."
(2) In  49 C.F.R. 396.3(a)(1), the phrase "part
			 393 of this subchapter" shall be deleted and replaced by " 49 C.F.R. Part 393, as
			 adopted by   K.A.R. 82-4-3i."
(3) The
			 following revisions shall be made to  49 C.F.R. 396.9:
(A) In paragraph (a), the phrase "Every special
			 agent of the FMCSA (as defined in appendix B to this subchapter)" shall be
			 deleted and replaced by "Any authorized representative of the commission, and any
			 member of the Kansas highway patrol or any other law enforcement officer in the
			 state who is certified in the inspection of motor carriers based on the motor
			 carrier safety assistance program standards."
(B) In paragraph (b), the sentence after
			 "Prescribed inspection report" shall be deleted and replaced by the following
			 sentence: "Motor vehicle inspections conducted by authorized personnel as
			 described in paragraph (a) shall be made on forms approved by the Kansas highway
			 patrol."
(C) In paragraph (c)(1), the
			 term "'Out of Service Vehicle' sticker" shall mean a form approved by the Kansas
			 highway patrol.
(D) In paragraph
			 (c)(2) "Driver Vehicle Examination Report" means a "motor vehicle inspection
			 conducted by authorized personnel on forms approved by the Kansas highway
			 patrol."
(E) In paragraph (d)(3)(ii),
			 the phrase "issuing agency" shall be deleted and replaced by "the state's lead
			 Motor Carrier Safety Assistance Program agency."
(4) In paragraph (h) of  49 C.F.R. 396.17, the
			 phrase "penalty provisions of  49 U.S.C. 521(b)" shall be deleted and replaced by
			 "civil penalties provided by K.S.A. 66-1,142b, K.S.A. 66-1,142c, and other
			 applicable penalties."
(5) The
			 following revision shall be made to  49 C.F.R. 396.19: In paragraph (a)(1), the
			 phrase "part 393" shall be deleted and replaced with " 49 C.F.R. Part 393  as
			 adopted by   K.A.R. 82-4-3i."
(6) In
			 paragraphs (b)(2) and (3) of  49 C.F.R. 396.21, the word "Federal" shall be
			 deleted.
(7) In appendix A to part
			 396, each reference to a portion of  49 C.F.R. Part 393  shall mean that section as
			 adopted by   K.A.R. 82-4-3i.
(8) All
			 sections marked "reserved" shall be deleted.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3l - Transportation of migrant workers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 398, as in effect on October 1, 2018, is
			 hereby adopted by reference:
(1) The following
			 revisions shall be made to  49 C.F.R. 398.1:
(A) The following revisions shall be made to
			  49 C.F.R. 398.1(a):
(i) A period shall be
			 placed after the word "agriculture."
(ii) The remainder of the paragraph shall be
			 deleted and replaced by the following: "For the purposes of 49 C.F.R. Part 398
			 only, the definition of agriculture' shall be the definition found in  29 U.S.C. 203(f), as in effect on January 14, 2019. For the purposes of 49 C.F.R. Part
			 398 only, the definition of employment in agriculture' shall be the same as the
			 definition of agricultural labor' found in  26 U.S.C. 3121(g), as in effect on
			 January 14, 2019."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3m - Employee safety and health standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 399, as in effect on October 1, 2018, is
			 hereby adopted by reference:
(1)
									49 C.F.R. 399.201  shall be deleted.
(2) In  49 C.F.R. 399.205, the definition of "person" shall be deleted.
(3) In  49 C.F.R. 399.209, paragraph (b) shall
			 be deleted.
(4) All sections marked
			 "reserved" shall be deleted.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3n - Minimum levels of financial responsibility for motor carriers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the following exceptions, 49 C.F.R.
			 Part 387, as in effect on October 1, 2018, is hereby adopted by reference:
(1) The following revisions shall be made to
			  49 C.F.R. 387.3:
(A) In paragraph (a), the
			 phrase "for-hire" shall be deleted and replaced by "public."
(B) In paragraphs (c)(1) and (c)(2), the
			 phrase "as adopted by   K.A.R. 82-4-20  " shall be inserted after the phrase " 49 CFR 173.403."
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3o - Imminent hazard

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 following exceptions, 49 C.F.R. Part 386, Subpart F, as in effect on October 1,
			 2018, is hereby adopted by reference:
(1)
									49 C.F.R. 386.71  shall be deleted.
(2)
			 The following revisions shall be made to  49 C.F.R. 386.72:
(A) In paragraph (a), the first sentence
			 shall be deleted and replaced by the following sentence: "Whenever it is
			 determined that an imminent hazard exists as a result of the transportation by
			 motor vehicle of a particular hazardous material, the director of the
			 commission's transportation division may request an emergency suspension order
			 from the commission for the purposes of suspending or restricting the
			 transportation by motor vehicle of the hazardous material or for such other
			 order as is necessary to eliminate or mitigate the imminent hazard."
(B) Paragraph (b)(1) shall be deleted and
			 replaced by the following text: "Whenever it is determined that a violation of
			 the Kansas motor carrier statutes or administrative regulations, as amended, or
			 a combination of such violations, poses an imminent hazard to safety, the
			 commission shall order:"
(C) In
			 paragraph (b)(1)(i), the phrase "as provided by  49 U.S.C. 521(b)(5) " shall be
			 deleted and replaced by "in Kansas."
(D) In paragraph (b)(1)(ii), the phrase "as
			 provided by  49 U.S.C. 521(b)(5) and  49  U.S.C. 31151(a)(3)(I)" shall be deleted
			 and replaced by "in Kansas."
(E) In
			 paragraph (b)(4), the second sentence of the paragraph shall be deleted and
			 replaced by the following sentence: "Administrative hearings shall be held
			 pursuant to K.S.A. 77-537  and K.S.A. 77-542  and the commission's administrative
			 regulations."
(3) In  49 C.F.R. 386.72(b)(6), the phrase "in subpart G of this part" shall be deleted
			 and replaced by "by Kansas law."
(4) In  49 C.F.R. 386.73, paragraph (j) shall
			 be deleted.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-6a - Minimum requirements of drivers

Current through Register Vol. 43, No. 28, July 11, 2024
Each motor carrier and driver shall comply with the
				following:
(a) The motor carrier
			 regulations established by the federal department of transportation and the
			 federal motor carrier safety administration (FMCSA), as adopted by the
			 commission in this article;
(b) the
			 state traffic laws and regulations of the Kansas department of revenue
			 pertaining to driver's licenses as established in the Kansas driver's license
			 act, K.S.A. 8-222 et seq. and amendments
			 thereto;
(c) the uniform act
			 regulating traffic and the size, weight, and load of vehicles as established in
			 K.S.A.
			 8-1901 et seq. and amendments thereto;
			 and
(d) the regulations issued by
			 the commission pertaining to the driving of commercial motor vehicles as
			 adopted in K.A.R. 82-4-3h .
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-8a - Accessories and equipment

Current through Register Vol. 43, No. 28, July 11, 2024
Each motor vehicle that meets the definition of commercial
				motor vehicle shall be equipped with a fire extinguisher.
(a)
(1) Each
			 motor vehicle shall be equipped with a fire extinguisher that is properly
			 filled and is readily accessible.
(2) The fire extinguisher shall be securely
			 mounted on the vehicle.
(3) The
			 fire extinguisher shall be designed, constructed, and maintained to permit
			 visual determination of whether it is fully charged.
(4) The extinguisher shall have an
			 extinguishing agent that does not need protection from freezing. Each
			 extinguishing agent shall meet the requirements of the toxicity provisions of
			 the environmental protection agency's significant new alternatives policy
			 (SNAP) regulations under 40 C.F.R. Part 82, subpart G, as adopted by K.A.R.
			 824-3i .
(5) The fire extinguisher
			 shall be labeled or marked with its underwriters laboratories rating.
(6) The fire extinguisher shall be kept in
			 good operating condition, shall be located in an accessible place on each motor
			 vehicle or tank vehicle, and shall be housed in a weathertight
			 enclosure.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-8h - Marking of commercial motor vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
On and after January 1, 2001, each Kansas-based motor carrier
				shall obtain a USDOT number that meets the requirements for the motor carrier
				identification report and markings of commercial motor vehicles established
				under 49 C.F.R.
				390.21, as adopted by
				K.A.R.
				82-4-3f .
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-20 - Transportation of hazardous materials by motor vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The federal regulations adopted by
			 reference in this regulation shall govern the transportation of hazardous
			 materials in Kansas in commerce to the extent that the regulations pertain to
			 the transportation of hazardous materials by commercial motor
			 vehicle.
(b) Copies of all
			 applications for special permits pursuant to 49 C.F.R. Part 107, Subpart B,
			 registrations of cargo tank and cargo tank motor vehicle manufacturers,
			 assemblers, repairers, inspectors, testers, and designcertifying engineers
			 pursuant to 49 C.F.R. Part 107, Subpart F, and registrations of persons who
			 offer transportation or transport hazardous materials pursuant to 49 C.F.R.
			 Part 107, Subpart G shall be made available to the commission for proof of
			 compliance with federal hazardous materials regulations.
(c) The following federal regulations, as in
			 effect on October 1, 2018, are hereby adopted by reference:
(1) 49 C.F.R. Part 171 with the following
			 exceptions:
(A)
										49 C.F.R. 171.1(a)  and the
			 paragraph that precedes it;
(B)
										49 C.F.R. 171.1(f);
(C)
										49 C.F.R. 171.6 and  171.7; and
(D)
										49 C.F.R. 171.14, 171.17, and 171.18;
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-21 - Requiring insurance

Current through Register Vol. 43, No. 28, July 11, 2024
The following types of carriers shall not operate a motor
				vehicle, trailer, or semitrailer for the transportation of persons or property
				within the provisions of the motor carrier law of this state until an insurance
				policy is filed in compliance with
				K.S.A.
				66-1,128 and amendments thereto, and in
				accordance with the commission's regulations:
(a) Public motor carriers of property,
			 household goods, or passengers; and
(b) private motor carriers of
			 property.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-22 - Intrastate insurance requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 Before the commission issues a certificate, permit, or license to an applicant,
			 the following types of applicant carriers shall obtain and keep in force a
			 public liability and property damage insurance policy pursuant to
			 K.S.A.
			 66-1,128, and amendments thereto:
(A) Public motor carriers of property,
			 household goods, or passengers; and
(B) private motor carriers of
			 property.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-23 - General intrastate requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance policy shall be written in
			 the full and correct name of the individual, partnership, limited liability
			 partnership, limited liability company, or corporation to whom the certificate,
			 permit, or license has been issued, and in case of a partnership, all partners
			 shall be named.
(b) Each policy
			 filed with the commission shall be deemed the property of the commission and
			 shall not be returnable.
(c)
			 Cancellation notices and expiration notices shall be filed in duplicate with
			 the commission on the uniform notice of cancellation of motor carrier insurance
			 policies, form K, or in compliance with K.A.R. 82-4-24a . The original copy
			 shall be retained by the commission, and the duplicate copy shall be stamped
			 with the date it is received and returned to the insurance company for its
			 files.
(d) A policy that has been
			 accepted by the commission under this article may be replaced by filing a new
			 policy. If the commission determines that the replacement policy is acceptable,
			 then the earlier-filed policy shall no longer be considered the effective
			 policy.
(e) All public liability
			 and property damage insurance policies filed with the commission and motor
			 carriers registered pursuant to K.A.R. 82-4-3n shall fulfill the insurance
			 requirements of
			 K.S.A.
			 66-1,128, and amendments thereto, and the
			 regulations adopted by the commission.
(f) Each policy of insurance filed with the
			 commission for approval shall be in amounts not less than the minimum of
			 liability required under
			 K.S.A.
			 66-1,128 and amendments thereto.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-24a - Standard insurance forms

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each motor carrier shall use the uniform standard insurance forms established
			 under 49 C.F.R. Part 387, as adopted by
			 K.A.R.
			 82-4-3n.
(b) The uniform motor carrier bodily injury
			 and property damage liability certificate of insurance shall be form E for
			 intrastate regulated and interstate exempt motor carriers.
(c) Forms BMC 91 and BMC 91X shall be
			 required for interstate regulated motor carriers in accordance with
			 K.A.R.
			 82-4-3n.
(d) The uniform notice of cancellation of
			 motor carrier insurance policies shall be form K.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-25a - Endorsements

Current through Register Vol. 43, No. 28, July 11, 2024
There shall be attached to all insurance policies filed with
				and approved by the commission an endorsement of the policy on a form specified
				by the commission.
The uniform motor carrier bodily injury and property damage
				liability insurance endorsement shall be form F.
The uniform motor carrier cargo insurance endorsement shall be
				form I.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-26 - General requirements for certificates, permits, and licenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise specifically requested by the commission or its staff, each
			 application for a certificate, permit, or license by a partnership shall be
			 accompanied by a copy of the articles of partnership, if in writing. If the
			 articles of partnership are not in writing, a statement of the partnership
			 agreement shall accompany the application. Each limited liability partnership
			 shall provide a copy of its partnership agreement. Each corporation applying
			 for a certificate, permit, or license shall provide a copy of the articles of
			 incorporation. Each limited liability company shall provide a copy of its
			 articles of organization.
(b) In
			 order to demonstrate that each applicant is fit, willing, and able to serve,
			 the applicant shall attend an educational seminar on motor carrier operations
			 conducted by the commission, in compliance with both of the following
			 requirements:
(1) The person attending the
			 seminar shall be the employee of the applicant responsible for the applicant's
			 safety functions.
(2) The person
			 responsible for the applicant's safety functions shall submit written
			 verification on a form provided by the commission to verify that person's
			 attendance at the seminar.