Section 17.25.200. 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, 2014 and adopted by reference, except as otherwise 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);  
		(8) 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		(1) repealed 4/12/2013;  
		(2) repealed 4/12/2013;  
		(3) repealed 12/31/2006;  
		(4) repealed 12/31/2006;  
		(5) repealed 4/12/2013;  
		(6) 49 C.F.R. 171.15(a) 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		(8) repealed 4/12/2013;  
		(9) repealed 4/12/2013;  
	(c)  A person who intends to transport a hazardous material by motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, 1.3, as defined in 49 C.F.R. 173.50 and 173.53, on a highway or vehicular way or area shall notify the division of the intent to transport the material at least 24 hours in advance of transporting the material. Carriers operating under 49 C.F.R. 385.403 must notify the division of the exact date and the approximate time that the material will be transported, the exact route by which the material will be transported, the class and quantity of the material to 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 of this subsection.  
	(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.   
	(e)   A motor carrier shall immediately contact the department if at any time the motor carrier suspects the motor carrier's shipment of a hazardous material listed in 49 C.F.R. 385.403 is lost, stolen, or otherwise unaccounted for.  

Authorities

19.05.010;19.05.020;19.05.040;19.10.060;19.10.310;19.10.340;19.10.370

Notes

Reference

17 AAC 25.210
17 AAC 25.220
17 AAC 25.230
17 AAC 25.240
17 AAC 25.250

Authority

AS 19.05.010 AS 19.05.020 AS 19.05.040 AS 19.10.060 AS 19.10.310 AS 19.10.340 AS 19.10.370 Editor's note: The address and telephone number for giving the notice required under 17 AAC 25.200(b)(6) - (7), (c), or (e) is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Suite 2, Anchorage, AK 99515-3567; telephone: [phone].

History

Eff. 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 4/12/2013, Register 206; am 11/26/2015, Register 216

References

17.25.200