Current through Register Vol. 56, No. 18, September 16, 2024
(a) Pursuant to
39:5B-25 et seq., the Department adopts
and incorporates by reference the following portions of 49 CFR Parts 107 (Subparts F
and G), 171, 172, 173, 174, 177, 178, 179, and 180, the Hazardous Materials
Regulations, revised as of 2009 and as supplemented and amended. Any portions of the
Federal regulations governing transportation of hazardous materials by air, water,
or pipeline within 49 CFR Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180 are
excluded. The parts adopted and incorporated by reference are summarized below:
1. Part 107 Subpart F - Registration of Cargo Tank
and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors,
Testers, and Design Certifying Engineers; and Subpart G - Registration of Persons
Who Offer or Transport Hazardous Materials.
2. Part 171--General Information, Regulations and
Definitions. (Sections 171.6 and 171.20 are omitted from adoption in this paragraph;
modifications are made to sections 171.15 and 171.16).
3. Part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
Training Requirements, and Security Plans. (Modifications are made to section
172.3)
4. Part 173--Shippers--General
Requirements for Shipments and Packagings (section 173.32a is excluded from adoption
in this paragraph).
5. Part
174--Carriage by Rail.
6. Part
177--Carriage by Public Highway. (Modifications are made to section
177.804)
7. Part 178--Specifications for
Packagings.
8. Part 179--Specifications
for Tank Cars. (Sections 179.3, 179.4, and 179.5 are excluded from adoption in this
paragraph)
9. Part 180--Continuing
Qualification and Maintenance of Packagings.
(b) The Department adopts and incorporates by
reference 49 CFR Parts 380, 382, 390, 391, 392, 393, 394, 395, 396, and 397 of the
Federal Motor Carrier Safety Administration regulations, revised as of 2009 and as
supplemented and amended. The parts and appendices adopted and incorporated by
reference are summarized below:
1. Part
380--Special Training Requirements
2.
Part 382--Controlled Substances and Alcohol Use and Testing.
3. Part 390--Federal Motor Carrier Safety
Regulations: General. (Modifications are made to sections 390.21 and
390.23)
4. Part 391--Qualification of
Drivers and Longer Combination Vehicle (LCV) Driver Instructors. (Exceptions are
made to sections 391.21 and 391.23; modifications are made to sections 391.31 and
391.49(a))
5. Part 392--Driving of
Commercial Motor Vehicles.
6. Part
393--Parts and Accessories Necessary for Safe Operation.
7. Part 394--(Removed and Reserved).
8. Part 395--Hours of Service of
Drivers.
9. Part 396--Inspection,
Repair, and Maintenance.
10. Part
397--Transportation of Hazardous Materials; Driving and Parking Rules.
(c) Amendments to the Federal Hazardous
Materials regulations and the Federal Motor Carrier Safety Administration
regulations that have been adopted and incorporated by reference pursuant to this
section are included in a daily updated electronic version found at:
www.ecfr.gov.
(d) The following provisions, adopted and
incorporated by reference, are modified as set forth below:
1.
49 CFR
171.15 is modified to state the following (Note:
Paragraph (a) has been changed):
(a) At the
earliest practicable moment, but no later than 12 hours after the occurrence of any
incident described in this section, each person in physical possession of the
hazardous material must provide notice in accordance with paragraph (b) or paragraph
(d) of this section after each incident that occurs during the course of
transportation (including loading, unloading and temporary storage) in which--
(1) As a direct result of hazardous materials:
i. A person is killed;
ii. A person receives injuries requiring his or
her hospitalization;
iii. An evacuation
of the general public occurs lasting one or more hours;
iv. One or more major transportation arteries or
facilities are closed or shut down for one hour or more; or
v. The operation flight pattern or routine of an
aircraft is altered;
(2)
Fire, breakage, spillage or suspected radioactive contamination occurs involving
shipment of radioactive material (see also section 176.48 of this
subchapter);
(3) Fire, breakage,
spillage or suspected contamination occurs involving an infectious substance other
than a regulated medical waste; or
(4) A
situation exists of such a nature (for example, a continuing danger to life exists
at the scene of the incident) that, in the judgment of the person in possession of
the hazardous material it should be reported in accordance with (b) and (d) of this
section.
(b) Each notice
required by paragraph (a) of this section shall be given to the National Response
Center (NRC) on 800-424-8802 or 202-267-2675 or online at www.nrc.uscg.mil. Notice
involving an infectious substance other than a regulated medical waste may be given
to the Director, Centers for Disease Control and Prevention, U.S. Public Health
Service, Atlanta, Georgia, 800-232-0124, in place of the notice to the U.S.
Department of Transportation. Each notice must include the following information:
(1) Name of reporter.
(2) Name and address of person represented by
reporter.
(3) Phone number where
reporter can be contacted.
(4) Date,
time, and location of incident.
(5) The
extent of injuries, if any.
(6) Class or
division, proper shipping name and quantity of hazardous materials involved, if such
information is available.
(7) Type of
incident and nature of hazardous material involvement and whether a continuing
danger to life exists at the scene.
(c) Each person making a report under this section
shall also make the report required by
49 CFR
171.16.
2.
49 CFR
171.16 is modified to state the following (Note:
Paragraphs (a) and (b) have been changed):
(a)
Each person in physical possession of a hazardous material at the time an incident
occurs during transportation (including loading, unloading and temporary storage)
must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 (01/2004)
within 30 days of discovery of the incident to the U.S. Department of
Transportation, unless the requirements of paragraph (e) in this section are met,
each incident that occurs during the course of transportation (including loading,
unloading or temporary storage) in which any of the circumstances set forth in
Section 171.15(a) occurs or there has been an unintentional release of hazardous
materials from a package (including a tank) or any quantity of hazardous waste has
been discharged during transportation. If a report pertains to a hazardous waste
discharge--
(1) A copy of the hazardous waste
manifest for the waste must be attached to the report; and
(2) An estimate of the quantity of the waste
removed from the scene, the name and address of the facility to which it was taken,
and the manner of disposition of any removed waste must be entered in Section IX of
the report form (F 5800.1) (01/2004).
(b) Each person reporting under this section must:
(1) Submit a written Hazardous Materials Incident
Report to the Information Systems Manager, PHH-60, Pipeline And Hazardous Materials
Safety Administration, Department of Transportation, East Building, 2nd Floor, 1200
New Jersey Ave., SE, Washington, DC 20590-0001, or an electronic Hazardous Material
Incident Report to the Information System Manager, PHH-60, Research and Special
Programs Administration, Department of Transportation, Washington, DC 20590-0001 at
hazmat.dot.gov.
(2) Each person reporting shall retain a copy of
the Hazardous Materials Incident Report for a period of two years at the reporting
person's principal place of business. If the written or electronic Hazardous
Materials Incident Report is maintained at other than the reporting person's
principal place of business, the report must be made available at the reporting
person's principal place of business within 24 hours of a request for the report by
an authorized representative or special agent of the U.S. Department of
Transportation.
(c) Except as
provided in paragraph (d) of this section, the requirements of paragraph (a) of this
section do not apply to incidents involving the unintentional release of hazardous
materials being transported under the following proper shipping names:
(1) Consumer commodity.
(2) Battery, electric storage, wet, filled with
acid or alkali.
(3) Paint and paint
related material when shipped in packagings of five gallons or less.
(d) The exceptions to incident
reporting provided in paragraph (c) of this section do not apply to:
(1) Incidents required to be reported under
Section 171.15(a);
(2) Incidents
involving transportation aboard aircraft; nor
(3) Incidents involving the transportation of
hazardous waste.
3.
49 CFR
172.3 is modified to state the following (Note:
Paragraph (a) has been changed):
(a) This part
applies to--
(1) Each person who offers a hazardous
material for transportation; and
(2)
Each carrier by highway or rail who transports a hazardous material.
(b) When a person other than one of
those provided for in paragraph (a) of this section, performs a packaging, labeling
or marking function required by this part, that person shall perform the function in
accordance with this part.
4.
49 CFR
177.804 is modified to state the following:
(a) Motor carriers and other persons subject to
this part shall comply with 49 CFR Parts 380, 382 and 390 through 397 (excluding
section 391.69), and all supplements and amendments thereto, to the extent those
rules apply. Carriers transporting hazardous materials, substances or wastes as
defined herein must comply with these parts as listed below.
5.
49 CFR 390.23
is modified to state the following:
The following commercial motor vehicles, operating in intrastate
commerce, are exempt from this section when any emergency occurs that affects the
citizens of New Jersey.
(a) Commercial
motor vehicles which are owned, operated, or leased by a public or quasi-public or
private entity in this State, said entity being subject to the jurisdiction of the
Board of Public Utilities; or
(b)
Commercial motor vehicles which are owned, operated or leased by a public or
quasi-public or private entity in this State and which is or will be operated under
a contract to the State of New Jersey or a governmental or quasi-environmental
entity thereof.
Such emergencies include, but are not limited to, weather and
other acts of nature (e.g., snow, flooding, earthquake, power/telephone outages,
disruptions to power or telephone transmission lines or facilities, supply lines or
facilities for steam, water, or gas) and other emergencies (e.g., motor vehicle
accidents, industrial accidents, fires, etc.).
6.
49 CFR
391.21 shall not apply to persons already employed
by the same carrier as of March 4, 1985.
7.
49 CFR
391.23 shall apply only to drivers hired after
March 4, 1985.
8.
49 CFR
391.31 is modified to state the following:
The provisions of Section 391.31 do not apply to a driver engaged
in intrastate commerce who possesses a valid New Jersey Commercial Driver License
(CDL) as of February 6, 1995, and transports hazardous material(s) requiring
hazardous material(s) placarding in accordance with Subpart F of Part 172 of the
Pipeline and Hazardous Materials Safety Administration Regulations (49 CFR
172.500 et seq.), or operates a vehicle displaying
a hazardous material(s) placard.
9.
49
CFR 391.49(a) is modified to
state the following:
(a) A person who is not
physically qualified to drive under Section 391.41(b)(1) or (2), and who is
otherwise qualified to drive a motor vehicle, may drive a motor vehicle, if that
person has been granted a waiver pursuant to this chapter.
(e) The following provisions of Title
49 CFR are not adopted and incorporated by reference: Subchapter B of Chapter
1.
