RULES AND REGULATIONS
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 403 ]
Hazardous Material Transportation
[48 Pa.B. 6839]
[Saturday, October 27, 2018]
The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 6103 and 8302 (relating to promulgation of rules and regulations by department; and powers and duties of department), amends Chapter 403 (relating to hazardous material transportation) to read as set forth in Annex A.
The Federal Motor Carrier Safety Assistance Program (MCSAP), administered by the Federal Motor Carrier Safety Administration (FMCSA), provides financial assistance to states to reduce the number and severity of crashes and hazardous materials incidents involving commercial motor vehicles. As a condition of participating in MCSAP, each state must ensure that its laws and regulations are identical to or have the same effect as the Federal Motor Carrier Safety Regulations (FMCSR) and the Hazardous Materials Regulations. The purpose of this final-form rulemaking is to update existing regulations to match the FMCSR and Hazardous Materials Regulations by prescribing: the methods of packing, loading and unloading of hazardous materials; the specifications, marking, inspection, condition and equipment of vehicles transporting hazardous materials; the qualifications of drivers and other matters relating to operation of the vehicles; the routing and parking of the vehicles; and other factors affecting the nature and degree of risk involved in the transportation of hazardous materials.
Purpose and Explanation of this Final-Form Rulemaking
The Hazardous Materials Regulations are mandated by 49 CFR Part 350 (relating to Motor Carrier Safety Assistance Program and High Priority Program), generally, and 49 CFR 350.201 (relating to what conditions must a State meet to qualify for MCSAP Funds), specifically. The purpose of this final-form rulemaking is to remove inconsistencies which currently exist between the Commonwealth's hazardous materials regulations and the Federal program requirements in 49 CFR 350.201.
Summary of Comments and Changes in this Final-Form Rulemaking
The Department published a proposed rulemaking at 46 Pa.B. 3957 (July 23, 2016). The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees.
No comments or objections were received from the public, the House and Senate Committees or IRRC. Consequently, no changes have been made in this final-form rulemaking as compared to how it was published in the Pennsylvania Bulletin as a proposed regulation.
Persons and Entities Affected
This final-form rulemaking directly affects anyone who is involved with the packaging, loading, unloading or transporting of hazardous materials.
Implementation of this final-form rulemaking will likely not have a cost because carriers and drivers who transport hazardous materials are already complying with the Hazardous Materials Regulations.
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on July 11, 2016, the Department submitted a copy of this final-form rulemaking, as proposed, to the Legislative Reference Bureau published at 46 Pa.B. 3957; to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment. No comments were received from IRRC, the House and Senate Committees or the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on September 12, 2018, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 13, 2018, and this final-form rulemaking was deemed approved pursuant to Section 5(g) of the Regulatory Review Act.
This final-form regulation will be effective upon its publication in the Pennsylvania Bulletin.
The Department is not establishing a sunset date for these regulations, as the regulations are needed to administer provisions under 75 Pa.C.S. (relating to Vehicle Code) and FMCSA regulations for participation in MCSAP. The Department will continue to closely monitor these regulations for their effectiveness and to ensure continued eligibility for participation in MCSAP.
The contact person for technical questions about this final-form rulemaking is Jonathan Fleming, Highway Safety and Traffic Operations Division, Bureau of Maintenance and Operations, Department of Transportation, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, PA 17120, firstname.lastname@example.org.
The Department finds that:
(1) Public notice of the proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and no comments were received.
(3) These regulations do not enlarge the purpose of the proposed rulemaking published at 46 Pa.B. 3957.
The Department, acting under the authorizing statutes, orders that:
(a) This final-form rulemaking of the Department, 67 Pa. Code Ch. 403, are amended to read as set forth in Annex A.
(b) The Department shall submit this final-form rulemaking to the Office of General Counsel and Office of Attorney General, as required by law, for approval as to form and legality.
(c) The Department shall submit this final-form regulation to the IRRC and the Senate and House Transportation Committees as required by law.
(d) The Department shall certify this final-form rulemaking and deposit it with the Legislative Reference Bureau, as required by law.
(e) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
LESLIE S. RICHARDS,
Fiscal Note: Fiscal Note 18-469 remains valid for the final adoption of the subject regulations.
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart B. NONVEHICLE CODE PROVISIONS
ARTICLE I. VEHICLE-RELATED
CHAPTER 403. HAZARDOUS MATERIAL TRANSPORTATION
§ 403.1. General information and requirements.
(a) Purpose. The purpose of this chapter is to prescribe the methods of packing, loading and unloading of hazardous materials; the specifications, marking, inspection, condition and equipment of vehicles transporting hazardous materials; the qualifications of drivers and other matters relating to operation of the vehicles; the routing and parking of the vehicles; and other factors affecting the nature and degree of risk involved in the transportation of hazardous materials.
(b) Application. Application shall include the following:
(1) Every shipper and motor carrier and its officers, drivers, agents, employees and representatives involved or related to the transportation of interstate or intrastate commerce, or both, shall comply with this chapter.
(2) Officers, agents, representatives, drivers and employees of shippers and carriers involved or concernedwith the management, maintenance, operation or driving of vehicles shall be conversant and knowledgeable with this chapter.
(c) General rule.
(1) Hazardous materials that do not comply with the requirements of this chapter may not be offered for transportation or transported.
(2) Hazardous materials which are manufactured, packaged, stored, loaded, unloaded or transported shall be open to inspection upon request by a Pennsylvania State Police Officer or qualified Commonwealth employee.
(3) No person may represent, by marking or otherwise, that a container or package for the transportation of hazardous materials is safe, certified or in compliance with the requirements of the Department unless the container or package meets the requirements of this chapter.
§ 403.2. (Reserved).
§ 403.4. Adoption of portions of 49 CFR by reference.
(a) The Department incorporates by reference the following portions of 49 CFR (relating to transportation):
* * * * *
(8) Part 397 (relating to transportation of hazardous materials; driving and parking rules).
(9) Part 107, Subparts F and G (relating to registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers; and registration of persons who offer or transport hazardous materials).
(b) Appropriate parts of 49 CFR may be obtained from the following:
* * * * *
(3) United States Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, (202) 655-4000.
§ 403.5. Interpretations of Federal Motor Carrier Safety Regulations, Federal Motor Carrier Safety Administration, United States Department of Transportation and Hazardous Materials Regulations, Pipeline and Hazardous Materials Safety Administration, United States Department of Transportation.
The Department will be guided by interpretations of the Federal Motor Carrier Safety Regulations issued by the Federal Motor Carrier Safety Administration, United States Department of Transportation, available at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=G., and Hazardous Materials Regulations issued by the Pipeline and Hazardous Materials Safety Administration, United States Department of Transportation, available at http://www.phmsa.dot.gov/hazmat/regs/interps.
§ 403.6. Effect of incorporation of the Code of Federal Regulations.
To reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, unless the context indicates otherwise, the following words and phrases shall be substituted for the language of the Federal regulations. A reference to an authorized representative or special agent of the United States Department of Transportation, the Federal Motor Carrier Safety Administration or the Pipeline and Hazardous Materials Safety Administration means a Pennsylvania State Police Officer or qualified Commonwealth employee as the term is defined in 75 Pa.C.S. § 4102 (relating to definitions).
§ 403.7. Supplemental rules and regulations.
(a) Towing of vehicles. A motor vehicle transporting hazardous materials in a quantity requiring the motor vehicle to display markings or placarding may not be towed on a highway except to remove the motor vehicle and cargo to the nearest place of safety, in the judgment of the carrier or its representative after consultation where possible with police, fire or other emergency personnel. The motor vehicle may not be moved until the hazardous materials are stable unless failure to do so would constitute a threat to persons or property. For requirements regarding accidents involving specific types of hazardous materials, see 49 CFR 177.854 (relating to disabled vehicles and broken or leaking packages; repairs).
(b) The Vehicle Code. Title 75 of the Pennsylvania Consolidated Statutes (relating to Vehicle Code), and provisions of this title not inconsistent with this chapter, apply to the transportation of hazardous materials.
(c) Presentation of documents. A driver of a vehicle transporting a hazardous material on a highway shall present upon request to a member of the State Police or qualified Commonwealth employee, as the term is defined in 75 Pa.C.S. § 4102 (relating to definitions), all documents required under this chapter to be in the driver's possession.
§ 403.8a. Out-of-service criteria.
(a) Application. In determining whether a vehicle or driver of a vehicle, or both, will be placed out-of-service under 75 Pa.C.S. § 4704(c) (relating to inspection by police or Commonwealth personnel), State Police and qualified Commonwealth employees will use the criteria in this chapter.
(b) Adoption of standards.
(1) General. The out-of-service criteria in the ''North American Standard Out-of-Service Criteria'' are incorporated by reference.
(2) Obtaining criteria. The ''North American Standard Out-of-Service Criteria'' may be obtained by contacting the Commercial Vehicle Safety Alliance, 1101 17th Street NW, Suite 803, Washington, D.C. 20036, (301) 830-6143.
§ 403.10. (Reserved).
[Pa.B. Doc. No. 18-1667. Filed for public inspection October 26, 2018, 9:00 a.m.]
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