Kan. Admin. Regs. § 82-4-3i - Parts and accessories necessary for safe operation
(a) With the following exceptions, 49 C.F.R.
Part 393, as in effect on October 1, 2018, is hereby adopted by reference:
(1) In 49 C.F.R. 393.1(a), the phrases
"§ 390.5 of this title" and "in § 390.5" shall be replaced with " 49 CFR §
390.5 as adopted by KAR 82-4-3f."
(2) In 49 C.F.R. 393.1(e), the phrase " 49 CFR 390.38(b) " shall be deleted and replaced with " 49 C.F.R. 390.38(b) as
adopted by K.A.R. 82-4-3f."
(3) The
following revisions shall be made to 49 C.F.R. 393.5:
(A) The following provision shall be added
after the definition of "curb weight": "DOT C-2, DOT C-3, and DOT C-4. These
terms shall be established by figure 12-1, found in 49 C.F.R. 571.108 as
adopted in K.A.R. 82-4-3i."
(B) In
the definition of "heater," the phrase "§177.834(l) (2) of this title"
shall be deleted and replaced with " 49 C.F.R. 177.834(l)(2) as adopted by
K.A.R. 82-4-20."
(C) The definition
of "manufactured home" shall be deleted and replaced by the following:
"Manufactured home means a structure as defined by K.S.A. 58-4202(a) and
amendments thereto. These structures shall be considered manufactured homes
when the manufacturer files with the transportation division a certification
that it intends that these structures shall be considered manufactured homes.
The manufacturer shall also certify that, if at any time it manufactures
structures it does not intend to be manufactured homes, it shall identify those
structures by a permanent serial number placed on the structure during the
first stage of production and that the series of serial numbers for those
structures shall be distinguishable on the structures and in its records from
the series of serial numbers used for manufactured homes."
(D) The following definition shall be added
after the definition of "manufactured home": "Optically combined. This term
refers to two or more lights that share the same body and have one lens totally
or partially in common."
(E) The
definition for "reflective material" shall be deleted and replaced by the
following: "Reflective material means a material conforming to federal
specification L-S-300c, sheeting and tape, reflective: nonexposed lens,' as in
effect on March 20, 1979 and as hereby adopted by reference, meeting the
performance standard in either table 1 or table 1A of SAE standard J594f,
reflex reflectors,' as revised in January 1977 and as hereby adopted by
reference."
(F) In the definition
of "special purpose vehicle," the phrase "as adopted by K.A.R. 82-4-3i " shall
be inserted after "571.224."
(G)
49 C.F.R. 393.7 shall be deleted.
(4) The following revisions shall be made to
49 C.F.R. 393.11:
(A) The phrase "as adopted
by K.A.R. 82-4-3i " shall be inserted after each instance of
"571.108."
(B) The last sentence of
paragraph (a)(1) shall be deleted and replaced with the following: "All
commercial motor vehicles must, at a minimum, meet the requirements of Subpart
B of 49 C.F.R. Part 393 in effect at the time of manufacture. For vehicles
manufactured prior to the earliest effective date of Subpart B of 49 C.F.R.
Part 393, all commercial motor vehicles must, at a minimum, meet the
requirements of Subpart B of 49 C.F.R. Part 393 as of the earliest effective
date of Subpart B of 49 C.F.R. Part 393."
(C) In footnote 12, the phrase "as adopted by
K.A.R. 82-4-3h " shall be inserted after "392.22(a)."
(5) The following revision shall be made to
49 C.F.R. 393.13: In paragraph (a), the phrase "§ 390.5 of this
subchapter" shall be deleted and replaced by " 49 C.F.R. 390.5, as adopted by
K.A.R. 82-4-3f." The last two sentences of paragraph (a) shall be
deleted.
(6) The following
revisions shall be made to 49 C.F.R. 393.24:
(A) In paragraph (b), the parenthetical
sentence shall be deleted.
(B)
Paragraph (d) shall be deleted.
(7) In 49 C.F.R. 393.25(c) and (e), the last
sentence shall be deleted and replaced with the following: "The aforementioned
documents are hereby adopted by reference."
(8) The following revisions shall be made to
49 C.F.R. 393.26:
(A) In paragraph (c), the
parenthetical sentence shall be deleted and replaced with the following: "The
aforementioned documents are hereby adopted by reference."
(9) In 49 C.F.R. 393.28, the clause "which is
hereby adopted by reference," shall be inserted after the phrase "October
1981," and the last sentence shall be deleted.
(10) In 49 C.F.R. 393.45(a), the phrase "as
adopted by K.A.R. 82-4-3i " shall be inserted after "571.106."
(11) The following revision shall be made to
49 C.F.R. 393.48: In paragraph (c)(1), the phrase "§ 390.5" shall be
deleted and replaced with " 49 C.F.R. 390.5 as adopted by K.A.R.
82-4-3f."
(12) The note following
49 C.F.R. 393.5 1 (b) shall be deleted.
(13) In 49 C.F.R. 393.62(d)(1), the
parenthetical sentence at the end of the paragraph shall be deleted and
replaced with "Pages 1-37 of this document are hereby incorporated by
reference."
(14) The following
revisions shall be made to 49 C.F.R. 393.71:
(A) In paragraph (h)(8), the phrase "Society
of Automotive Engineers Standard No. J684c, Trailer Couplings and
HitchesAutomotive Type,' July 1970" shall be deleted and replaced with "society
of automotive engineers standard no. J684c, trailer couplings and hitches
automotive type,' dated July 1970, which is hereby adopted by
reference."
(B) In paragraph
(h)(9), the phrase "requirements of the Federal Motor Carrier Safety
Administration" shall be deleted and replaced by "Federal and Kansas
requirements."
(C) In paragraph
(m)(8), the phrase "requirements of the Federal Motor Carrier Safety
Administration" shall be deleted and replaced by "Federal and Kansas
requirements."
(15) The
following revisions shall be made to 49 C.F.R. 393.75:
(A) In paragraphs (g) and (h)(2), the phrase
"as adopted by K.A.R. 82-4-3i " shall be inserted after "571.119."
(B) In paragraphs (h)(1) and (h)(2), the
clause "that are labeled pursuant to 24 C.F.R. 3282.362(c)(2)(i) " shall be
deleted and replaced by "built."
(16)
49 C.F.R. 393.77(b)(15) shall be
deleted.
(17) In 49 C.F.R. 393.77(c), the phrase "§ 177.834(1) of this title" shall be deleted and
replaced by " 49 C.F.R. 177.834(l) as adopted by K.A.R. 82-4-20."
(18) In 49 C.F.R. 393.80(a) and (b), the
phrase "as adopted by K.A.R. 82-4-3i " shall be inserted after
"571.111."
(19) The following
revisions shall be made to 49 C.F.R. 393.86:
(A) In paragraph (a)(1), the third sentence
shall be deleted.
(B) In paragraph
(a)(6), the phrase "as adopted by K.A.R. 82-4-3i " shall be inserted after
"571.223."
(20) Each
reference to 49 C.F.R. Part 571 shall be followed by the phrase "as adopted by
K.A.R. 82-4-3i."
(21) In 49 C.F.R. 393.94, paragraph (c)(4) shall be deleted and replaced by the following: "Set
the sound level meter to the A-weighting network, fast' meter
response."
(22) The following
revisions shall be made to 49 C.F.R. 393.95:
(A) In paragraph (a)(1)(i), the phrase
"§177.823 of this title" shall be deleted and replaced with " 49 C.F.R. 177.823 as adopted by K.A.R. 82-4-20."
(B) In paragraph (f)(1), the phrase "as
adopted by K.A.R. 82-4-3i " shall be inserted after "571.125."
(C) In paragraph (f)(2), the phrase "§
392.22" shall be deleted and replaced by " 49 C.F.R. 392.22 as adopted by K.A.R.
82-4-3h."
(D) In paragraph (j), the
second sentence and the parenthetical sentence following it shall be
deleted.
(23) The
following revisions shall be made to 49 C.F.R. 393.104(e) and its corresponding
table:
(A) In paragraph (e)(1), the phrase
"Standard Specification for Strapping, Flat Steel and Seals, American Society
for Testing and Materials (ASTM) D3953-97, February 1998" shall be deleted and
replaced with "standard specification for strapping, flat steel and seals,'
American society for testing and materials (ASTM) D 3953-97, February 1998."
This specification is hereby adopted by reference.
(B) In paragraph (e)(2), the phrase "National
Association of Chain Manufacturers' Welded Steel Chain Specifications, dated
September 28, 2005" shall be deleted and replaced with "pages 3-13 of the
national association of chain manufacturers' welded steel chain
specifications,' dated September 28, 2005." These pages are hereby adopted by
reference.
(C) In paragraph (e)(3),
the phrase "Web Sling and Tiedown Association's Recommended Standard
Specification for Synthetic Web Tiedowns, WSTDA-T1, 1998" shall be deleted and
replaced with "pages 4-14 of the web sling & tie down association's
recommended standard specification for web tie downs,' WSTDA-T-1, revised
2015." These pages are hereby adopted by reference.
(D) In paragraph (e)(5)(i), the phrase
"PETRS-2, Polyester Fiber Rope, three-Strand and eight-Strand Constructions,
January 1993" shall be deleted and replaced with "CI 1304-96, polyester (PET)
fiber rope: 3-strand and 8-strand constructions,' October 1998, excluding any
guidelines, which is hereby adopted by reference."
(E) In paragraph (e)(5)(ii), the phrase
"PPRS-2, Polypropylene Fiber Rope, three-Strand and eight-Strand Constructions,
August 1992" shall be deleted and replaced with "CI 1301-07, polypropylene
fiber rope: 3-strand laid and 8-strand plaited constructions,' May 2007,
excluding any guidelines, which is hereby adopted by reference."
(F) In paragraph (e)(5)(iii), the phrase
"CRS-1, Polyes-ter/Polypropylene Composite Rope Specifications, three-Strand
and eight-Strand Standard Construction, May 1979" shall be deleted and replaced
with "CI 1302A-96, polyester/polyolefin dual fiber rope: 3-strand
construction,' April 1999, excluding any guidelines, which is hereby adopted by
reference."
(G) In paragraph
(e)(5)(iv), the phrase "NRS-1, Nylon Rope Specifications, three-Strand and
eight-Strand Standard Construction, May 1979" shall be deleted and replaced
with "CI 1303-06, nylon (polyamide) fiber rope: 3-strand laid and 8-strand
plaited constructions,' October 2006, excluding any guidelines, which is hereby
adopted by reference."
(H) In
paragraph (e)(5)(v), the phrase "C-1, Double Braided Nylon Rope Specification
DBN, January 1984" shall be deleted and replaced with "CI 1310-09, nylon
(polyamide) fiber rope: high performance double braid construction,' May 2009,
excluding any guidelines, which is hereby adopted by reference."
(b) As used in this
regulation, each reference to any of the following federal motor vehicle safety
standards (FMVSS) shall mean that standard in 49 C.F.R. Part 571, as in effect
on October 1, 2018, which standards are hereby adopted by reference:
(1) FMVSS 103, 49 C.F.R. 571.103;
(2) FMVSS 104, 49 C.F.R. 571.104, sections
S4.1, S4.1.1, and 4.2.2 only;
(3)
FMVSS 105, 49 C.F.R. 571.105, sections S5.1, 5.2, 5.3, 5.5, 6, and 7
only;
(4) FMVSS 106, 49 C.F.R. 571.106;
(5) FMVSS 108, 49 C.F.R. 571.108;
(6) FMVSS 111, 49 C.F.R. 571.111;
(7) FMVSS 119, 49 C.F.R. 571.119, sections S5.1, S6.5, and S6.5(e) only;
(8) FMVSS 121, 49 C.F.R. 571.121;
(9) FMVSS 125, 49 C.F.R. 571.125;
(10) FMVSS 205, 49 C.F.R. 571.205, section S6
only;
(11) FMVSS 223, 49 C.F.R. 571.223; and
(12) FMVSS 224, 49 C.F.R. 571.224.
(c) All
standards referenced in this regulation that are not otherwise adopted shall be
included for reference only.
(d) As
used in this regulation, each reference to a portion of 49 C.F.R. Part 393
shall mean that portion as adopted by reference in this regulation.
(e) All sections marked "reserved" shall be
deleted.
(f) Whenever the federal
regulations adopted in this regulation refer to portions of the federal
regulations or other operating standards that are not already adopted by
reference in article 4 of the commission's regulations, the references shall
not be applicable to this regulation unless otherwise specifically
adopted.
Notes
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