N.J. Admin. Code § 16:49-1.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:49-1.2 - Incorporation by reference

(a) Pursuant to N.J.S.A. 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.

N.J. Admin. Code § 16:49-1.2

The following annotation applies to N.J.A.C. 16:49-1.2 prior to its repeal by R.2010 d.224:
Amended by R.2005 d.163, effective 5/16/2005.
See: 37 N.J.R. 32(a), 37 N.J.R. 1784(a).
In (a), substituted "person(s)" for "shipper and motor carrier and its officers, drivers, agents, employees, and representatives" following "Every" in 1, substituted "person(s)" for "officers, agents, representatives, drivers, and employees of shippers and carriers" preceding "involved or concerned" in 2.
The following annotations apply to N.J.A.C. 16:49-1.2 subsequent to its recodification from N.J.A.C. 16:49-2.1 by R.2010 d.224:
Amended by R.1986 d.447, effective 11/3/1986.
See: 18 N.J.R. 1791(a), 18 N.J.R. 2212(b).
Amended by R.1989 d.101, effective 2/21/1989.
See: 20 N.J.R. 3005(a), 21 N.J.R. 456(a).
Date changed from November 1, 1985 to October 1, 1987; deleted text in (a)3 "modifications are made . . ."; and in (a)5 "(Section 177.825(a), ...".
Amended by R.1990 d.550, effective 11/19/1990.
See: 22 N.J.R. 2676(a), 22 N.J.R. 3500(c).
Part 180 added at (a)8.
Amended by R.1993 d.235, effective 6/7/1993.
See: 25 N.J.R. 1065(a), 25 N.J.R. 2497(a).
Amended by R.1995 d.74, effective 2/6/1995.
See: 26 N.J.R. 4488(b), 27 N.J.R. 509(a).
Amended by R.2000 d.7, effective 1/3/2000.
See: 31 N.J.R. 2692(a), 32 N.J.R. 102(a).
In (a), changed date in the introductory paragraph; in (b), changed Part references in 1, 4 and 11; and in (c), inserted a reference to the Federal Hazardous Materials Regulations and changed date in the first sentence.
Amended by R.2005 d.163, effective 5/16/2005.
See: 37 N.J.R. 32(a), 37 N.J.R. 1784(a).
Rewrote the section.
Recodified from N.J.A.C. 16:49-2.1 and amended by R.2010 d.224, effective 10/18/2010.
See: 42 N.J.R. 1339(a), 42 N.J.R. 2430(b).
Section was "Parts adopted and incorporated by reference". Rewrote the section. Former N.J.A.C. 16:49-1.2, Application, repealed.
Amended by R.2014 d.054, effective 4/7/2014.
See: 45 N.J.R. 627(b), 46 N.J.R. 635(a).
Rewrote the section.

Amended by 56 N.J.R. 1566(d), effective 8/5/2024