180 Neb. Admin. Code, ch. 13, § 005

Current through September 17, 2024

Section 180-13-005 - TRANSPORTATION OF LICENSED MATERIAL

005.01DOT COMPLIANCE. Each licensee who transports licensed material outside of the site of usage, as specified in the Department license, or where transport is on public highways, or who delivers licensed material to a carrier for transport, must comply with the applicable requirements of the DOT regulation in 49 CFR part 107, 171 through 180 and 390 through 397 appropriate to mode of transport. The licensee must:

(A) Comply with applicable DOT regulations in the following areas:

(i)PACKAGING. 49 CFR Part 173 : Subparts A, and B and I;

(ii)MARKING AND LABELING. 49 CFR Part 172 : Subpart D, §§ 172.400 through 172.407, §§ 172.436 through 172.441, of Subpart E;

(iii)PLACARDING. 49 CFR Part 172 : Subpart F, especially §§ 172.500 through 172.519, 172.556, and Appendices B and C;

(iv)ACCIDENT REPORTING. 49 CFR Part 171:§§ 171.15 and 171.16;

(v)SHIPPING PAPERS AND EMERGENCY INFORMATION. 49 CFR Part 172: Subparts C and G;

(vi)HAZARDOUS MATERIAL EMPLOYEE TRAINING. 49 CFR Part 172: Subpart H;

(vii)HAZARDOUS MATERIAL SHIPPER AND CARRIER REGISTRATION. The 107: Subpart G; and

(viii)SECURITY PLANS. 49 CFR Part 172; Subpart I.

(B) Comply with applicable DOT regulations pertaining to the following modes of transportation:

(i)RAIL. 49 CFR Part 174 : Subparts A through D and K;

(ii) AIR. 49 CFR Part 175 ;

(iii)VESSEL. 49 CFR Part 176 : Subparts A through F and M; and

(iv)PUBLIC HIGHWAY. 49 CFR Part 177 and Parts 390 through 397 ; and

(C) Assure any special instructions needed to safely open the package are sent to or have been made available to the consignee according to 180 NAC 4-038.

005.02CODE OF FEDERAL REGULATIONS COMPLIANCE. If DOT regulations are not applicable to a shipment of licensed material, the licensee must conform to the standards and requirements of 49 CFR Parts 107, 171 through 180 and 390 through 397 appropriate to the mode of transport to the same extent as if the shipment was subject to the regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements must be filed with, or made to, the Department.

180 Neb. Admin. Code, ch. 13, § 005

Amended effective 4/20/2021

Amended effective 11/2/2022