La. Admin. Code tit. 55 § I-1501

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1501 - Scope of Rules and Regulations

A. Pursuant to Revised Statute 40:1472.1 through 40:1472.19, as amended, the following rules and regulations are adopted as required thereunder, covering the manufacture, storage, transportation, sale, use and handling of explosives and blasting agents in the state of Louisiana.

B. These rules and regulations shall not apply to the transportation of explosives or blasting agents when under the jurisdiction of and in compliance with the regulations of the U.S. Department of Transportation, and the regulations of the United States Coast Guard.

C. Nothing contained in these rules and regulations shall apply to the regular Armed Forces of the United States, or to the duly organized military force of any state or territory thereof, or to police or fire departments in this state, provided they are acting within their respective official capacities and in the proper performance of their duties.

D. These rules and regulations shall not apply to the transportation and use of explosives or blasting agents in the normal and emergency operations of federal agencies such as the Mine Safety and Health Administration, the Federal Bureau of Investigation and the Secret Service.

E. The licensee, on specific approval in writing by the Deputy Secretary of Public Safety Services, as provided by this Paragraph, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in these rules and regulations. The Deputy Secretary of Public Safety Services may approve an alternate method or procedure, subject to stated conditions, when he/she finds that:

1. good cause is shown for the use of the alternate method or procedure;

2. the alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure; and

3. the alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the state of Louisiana or hinder the effective administration of these rules and regulations.

F. Where the licensee desires to employ an alternate method or procedure, he/she shall submit a written application to the Deputy Secretary of Public Safety Services. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the Deputy Secretary of Public Safety Services. The licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the Deputy Secretary of Public Safety Services, the effective administration of these rules and regulations is hindered by the continuation of the authorization. As used in this Paragraph, alternate methods or procedures include alternate construction or equipment.

La. Admin. Code tit. 55, § I-1501

Filed by the Department of Public Safety, Office of State Police, at the Office of the State Register, 1974, promulgated and amended LR 10:803 (October 1984), amended by the Department of Public Safety and Corrections, Office of State Police, Transportation and Environmental Safety Section, Explosive Control Unit, LR 22:1230 (December 1996), amended by the Department of Public Safety and Corrections, Office of State Police, LR 26:90 (January 2000), LR 36:550 (March 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1472.1 et seq.