Section 171

Section 171.1000 Incorporation by Reference of 49 CFR 171

a) As Part 171 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates the following sections of 49 CFR 171 by reference, as those sections of the federal hazardous materials transportation regulations were in effect on October 1, 2004, as amended at 69 FR 70902, December 8, 2004, and as amended at 69 FR 75208, December 15, 2004 subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of those sections of 49 CFR 171 are incorporated.

171.1	Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.2	General Requirements
171.4	Marine Pollutants
171.7	Reference Material
171.8	Definitions and Abbreviations
171.9	Rules of Construction
171.10	Units of Measure
171.11	Use of ICAO Technical Instructions
171.12	Import and Export Shipments
171.12a	Canadian Shipments and Packagings
171.14	Transitional Provisions for Implementing Certain Requirements
171.15	Immediate Notice of Certain Hazardous Materials Incidents
171.16	Detailed Hazardous Materials Incident Reports
171.19	Approvals or Authorizations Issued by the Bureau of Explosives
171.20	Submission of Examination Reports

b) The following interpretations of, additions to and deletions from the above incorporated sections of 49 CFR 171 shall apply for purposes of this Part.

1) All references to "this part" in the incorporated federal regulations shall mean Part 171 of the Illinois Hazardous Materials Transportation Regulations.

2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.

3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.

4) All references to part 174, 175 or 176 or to sections therein shall be read to refer to that part or sections in the federal regulations.

5) All references to shipments of hazardous materials by air, water and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.

6) All references to "these regulations" or the Hazardous Materials Regulations (HMR) in the incorporated federal regulations shall be read to refer to the Illinois Hazardous Materials Transportation Regulations.

7) All references to a "settlement agreement", in these regulations, means a written understanding between the Department and the person being charged.

8) 49 CFR 171.1(f)(3) is not incorporated by reference and is replaced by the following:

Preemption determination procedures are in subpart C of 49 CFR 107.

9) 49 CFR 171.1(g) is not incorporated by reference and is replaced by the following:

Each person who knowingly violates a requirement of the federal hazardous materials transportation law, an order issued under the federal hazardous materials transportation law, subchapter A of Chapter I of 49 CFR, an exemption or approval issued under subchapter A or C of Chapter I of 49 CFR, or the Illinois Hazardous Materials Transportation Regulations is liable for penalties established and set forth in 92 Ill. Adm. Code 107.314 and 107.371.

10) All references to approvals, exemptions or registration referred to in 49 CFR 171.2 shall be read to refer to the federal hazardous materials regulations.

(Source: Amended by peremptory rulemaking at 29 Ill. Reg. 1396, effective January 6, 2005)