1. (a) Incorporation by Reference. This article incorporates by reference portions of 49 CFR Part 107, Parts 171 through 180, and Part 393 to the extent specified in this article. Unless otherwise specified, all references to 49 CFR in this article are those regulations published on October 1, 2019.

   1. (1) Should a private carrier find a regulation adopted pursuant to this section to be unnecessarily burdensome or impracticable, the carrier may apply, at no cost, for an alternate method of compliance pursuant to Section 1160.4.
2. (b) Federal Preeminence. Provisions of the Hazardous Materials Transportation Act recodified into Title 49 U.S. Code (49 U.S.C.) Section 5125, preempt any requirements of any state or political subdivision thereof inconsistent with the act or federal HM Regulations relating to hazardous materials transported in commerce. The U.S. Department of Transportation (DOT), Pipeline and Hazardous Materials Administration (PHMSA) may except any material from being classed as hazardous, or change any classification or transportation requirement in accordance with authority granted that agency, and such action shall govern the application of this article. In lieu of compliance with the provisions of this article, hazardous materials shipment preparation and transportation in compliance with a later promulgated PHMSA requirements, exemption or exception than that adopted by reference in this article is permitted. This includes compliance with a later promulgated requirement prior to its effective date during any period of time where earlier compliance is authorized in the applicable final rulemaking.
3. (c) Limited Applications. 49 CFR Parts 174 and 179 shall apply only as referenced in 49 CFR Parts 173, 177, and 178.
4. (d) Motor Carrier Safety Requirements. Provisions of 49 CFR Part 393 applies as incorporated in cargo tank specifications referenced in 49 CFR Part 178.

5. (e) Referenced Regulations. Copies of 49 CFR, can be obtained from:

   SUPERINTENDENT OF DOCUMENTS

   U.S. GOVERNMENT PRINTING OFFICE

   PO BOX 979050

   ST LOUIS, MO 63197-9000

6. (202) 512-1800

   INTERNET PURCHASES: http://bookstore.gpo.gov

   Internet Access. Title 49 CFR may also be accessed through the internet at the Government Printing Office's web site at “http://www.gpo.gov/fdsys/browse/collectionCfr.action? collectionCode=CFR” or through the U.S. Department of Transportation, PHMSA's web site at “http://phmsa.dot.gov/regulations”.

Note: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference: Sections 2402.7 and 34501, Vehicle Code.

History

1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of Compliance included (Register 77, No. 52).

2. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

3. Amendment filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).

4. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).

5. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).

6. Amendment of subsection (a) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).

7. Amendment of subsections (a)-(b) and (d)-(e) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).

8. Amendment of subsections (a) and (b) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).

9. Amendment of subsection (a) filed 8-20-97; operative 9-19-97 (Register 97, No. 34).

10. Amendment of subsections (a), (b) and (e) filed 10-26-98 as an emergency; operative 11-25-98 (Register 98, No. 44).

11. Editorial correction of last paragraph (Register 98, No. 49).

12. Amendment filed 10-5-99; operative 11-4-99 (Register 99, No. 41).

13. Amendment of subsection (a) 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).

14. Amendment filed 6-9-2014; operative 10-1-2014 (Register 2014, No. 24).

15. Amendment of subsection (a)(2) filed 1-19-2016; operative 4-1-2016 (Register 2016, No. 4).

16. Amendment of subsection (a)(2) filed 6-29-2017; operative 10-1-2017 (Register 2017, No. 26).

17. Amendment of subsections (a)-(a)(1) filed 8-11-2020; operative 10-1-2020 (Register 2020, No. 33).