Relationship to Federal Regulations - New York

The New York State Department of Transportation (NYSDOT) has incorporated by reference the federal Hazardous Materials Regulations (HMR), Title 49, Code of Federal Regulations (CFR), Parts 100 – 300, as revised as of October 1, 2003.

The Commissioner of Transportation specifically adopts the federal HMR, Title 49, CFR, Parts 107.101, 107.105, 107.107, 107.109, 107.111, 107.113, 107.117, 107.121, 107.123, Part 171 (except for Section 171.1), Parts 172 – 199 (including appendices, inclusive), Parts 390 – 393, and 396 – 397.

This adoption has been in effect since December 21, 1994. Every carrier engaged in the transportation of hazardous materials within the state — both intrastate and interstate — is subject to these rules and regulations. The NYSDOT exercises regulatory control over hazardous materials within the state.

An exception has been authorized by an executive order to the New York Code of Rules and Regulations (NYCRR) for intrastate motor vehicles who comply with the federal HMR, Title 49, CFR, Sections 171.8, 173.6, and 173.8.

The Port Authority of New York and New Jersey regulates the transportation of hazardous materials via vehicular tunnels and bridges between New York and New Jersey. The facilities to which these rules and regulations apply are the Lincoln Tunnel, the Holland Tunnel, the George Washington Bridge Upper and Lower levels, the Bayonne Bridge, the Goethals Bridge, and the Outerbridge Crossing. The Port Authority references the regulations of the United States DOT which include Parts 171 – 178 and 397 of Title 49, CFR, and amendments thereto which govern the transportation of hazardous materials by highway. The Port Authority has specific tunnel and bridge restrictions for hazardous material transport.

The New York State Department of Environmental Conservation (DEC) is the lead agency in developing and administering the hazardous waste management program within New York.