Section 11.13.01.002 - INCORPORATION BY REFERENCE AND FEDERAL WAIVERAmendments to the annual volumes are published in the Federal Register, pending their incorporation in the next annual volumes. Whenever a federal regulation is adopted by reference in these rules, subsequent recompilations are also adopted by reference, but subsequent amendments are not.
01.Safety Fitness Procedures. 49 CFR subtitle B, chapter III. a. 49 CFR, Subtitle B, Chapter III, Subchapter B: eCFR :: 49 CFR Chapter III Subchapter B -- Federal Motor Carrier Safety Regulations.b. 49 CFR, Subtitle B, Chapter I, Subchapter C: eCFR :: 49 CFR Chapter I Subchapter C -- Hazardous Materials Regulations.02.Transportation of Hazardous Materials, Substances, and Wastes.a. 40 CFR Part 262 and 49 CFR, Subtitle B, Chapter I, Parts 107, 171, 172, 173, 177, 178, and 180.b. 40 CFR 262 : eCFR :: 40 CFR Part 262 -- Standards Applicable to Generators of Hazardous Waste.c. 49 CFR Parts 107, 171, 172, 173, 177, 178, and 180: eCFR : 49 CFR Chapter I -- Pipeline and Hazardous Materials Safety Administration, Department of Transportation.03.Exemptions 1. Whenever any of these federal regulations would otherwise exempt intrastate carriers from any of their requirements, the exemption does not apply to intrastate carriers who will remain subject to the same requirements.04.Carrier Safety Requirements. 49 CFR Parts 356, Subtitle B, Chapter III, Subchapter B, Sections 365, 380, 382, 383, 385, 386, 387, 388 and 390 through 399. a. Adopted codes available at: eCFR: 49 CFR Chapter III Subchapter -- Federal Motor Carrier Safety Regulations.05.Exemptions 2. Whenever these federal regulations (except Section 391.11(b)(1)) would otherwise exempt intrastate carriers from any of their requirements, the exemption does not apply to intrastate carriers who will remain subject to the same requirements.06.Recognition of Federal Waivers. Whenever a driver or carrier has applied to a federal agency and been granted a waiver from any of the requirements of these federal regulations incorporated by reference in these rules, the federal waiver will also be recognized under these rules. The Department reserves the authority to implement a waiver program and grant waivers on the state level for intrastate commercial motor vehicle drivers.Idaho Admin. Code r. 11.13.01.002