Cal. Code Regs. tit. 13 § 1163

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1163 - Shipment Preparation

Shipment preparation of hazardous materials shall be governed by the following:

(a) Shipment Preparation and Transportation. Shipments shall be prepared for transportation and transported in accordance with provisions of 49 CFR Part 173.

(b) Authorized Packages-General. Only packagings authorized for shipment of specific commodities by 49 CFR Parts 172 and 173, shall be used, except when otherwise authorized by Sections 1160.1, 1160.4(c) or (d), or 1163(c) or (f) of this article.

(c) Previously Authorized State Fire Marshal Cargo Tanks. Cargo tanks that were authorized by Title 19, California Code of Regulations, (19 CCR), Section 1609.1 on April 1, 1984, which were manufactured and placed into service prior to April 1, 1984, may continue to be used by intrastate carriers, who are not directly subject to federal jurisdiction prior to the October 1, 1998, effective date of RSPA Docket HM-200, to transport flammable liquids under the conditions listed below. Cargo tanks having a capacity of less than 13,250 liters (3,500 gallons) used for the transportation of flammable liquid petroleum products may continue to be used under the provisions of 49 CFR 173.8(b). Cargo tanks transporting flammable liquids other than petroleum products, or having a capacity of 13,250 liters or more, may continue to be used under the following requirements pursuant to 49 CFR 173.8(a) until July 1, 2000.

(1) The flammable liquid has no secondary hazard(s) for which transportation in a MC-306 cargo tank is not authorized.

(2) The cargo tanks are maintained, retested, inspected and marked in accordance with 49 CFR 173.24(b), (e), (f), (g) and (h); 173.24b(a)(1) and (2), (c) and (d)(1); and 49 CFR Part 180 applicable to a MC-306 DOT specification cargo tank.

(d) Leaking packages. Package closures shall be adequate to prevent leakage of contents, and leaking packages shall not be transported.

(e) Qualification and Maintenance of Packagings. Except as provided in subsections (c) and (f), the maintenance, retesting, inspection and qualification of packages shall be in accordance with 49 CFR Part 173, Subpart B and 49 CFR Part 180 . Copies of certificates, reports, and records of retesting shall be subject to inspection by any authorized employee of the department.

(f) Anhydrous Ammonia--Additional Packagings. Truck-mounted cargo tanks manufactured before 1970, or manufactured before 1972 and having a capacity of 7,571 liters (2,000 gallons) or less, may be continued in service by private carriers to transport anhydrous ammonia between a filling point and a ranch, or between two locations on one ranch, or between ranches, and need not meet specifications in 49 CFR Part 178, provided:

(1) The tank meets design, construction, repair and operational requirements for anhydrous ammonia transportation tanks in the Unfired Vessels Safety Orders, Chapter 4, Title 8, California Code of Regulations; and

(2) The tank is operated by a carrier not subject to federal jurisdiction.

Cal. Code Regs. Tit. 13, § 1163

1. New subsection (g) filed 5-12-77 as an emergency; effective upon filing (Register 77, No. 20).
2. Certificate of Compliance filed 7-15-77 (Register 77, No. 29).
3. Amendment of subsection (a) filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
4. Amendment filed 7-26-78; designated effective 9-1-78 (Register 78, No. 30).
5. Amendment of subsection (g) filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).
6. Amendment of subsection (e) filed 2-22-82; effective thirtieth day thereafter (Register 82, No. 9).
7. Amendment of subsection (b) filed 6-22-83; effective thirtieth day thereafter (Register 83, No. 26).
8. Amendment of subsections (b) and (e) filed 5-4-84; effective thirtieth day thereafter (Register 84, No. 18).
9. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
10. Change without regulatory effect of subsections (b), (e) and (f)(2)(A) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
11. Amendment of subsection (f) and repealer of subsection (g) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).
12. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
13. Amendment of subsections (c)(2) and (e) filed 8-20-97; operative 9-19-97 (Register 97, No. 34).
14. Amendment of subsection (c) filed 10-26-98 as an emergency; operative 11-25-98 (Register 98, No. 44).

Note: Authority cited and Reference: Sections 34019 and 34501, Vehicle Code.