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Transporting Hazardous Materials by Highway. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. (d) Once the Administrator has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. If no response is received within 60 days from the day of receipt of the notification of the proposed routing designation, the routing designation shall be considered approved by the affected State or Indian tribe. Each of these two fire extinguishers shall be a portable twenty-pound multipurpose dry-chemical type fire extinguisher maintained in accordance with MSHA regulations. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Weather conditions unique to a highway route such as snow, wind, ice, fog, or other climatic conditions that could affect the safety of a route, the dispersion of the NRHM upon release, or increase the difficulty of controlling it and cleaning it up shall be given appropriate consideration. Further, a safety can by definition is a container with a capacity of 5 gallons or less and equipped with a spring-closing lid and spout cover, a means to . Rules & Regulations | South Dakota Truck Information Regulation | US Department of Transportation (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. Traffic conditions unique to a highway routing such as: traffic congestion; accident experience with motor vehicles, traffic considerations that could affect the potential for an accident, exposure of the public to any release, ability to perform emergency response operations, or the temporary closing of a highway for cleaning up any release shall be given appropriate consideration. Act 387 of 2012, Regional Transit Authority Act. The Agency also regulates operations at ethanol production facilities under air, water, and storage permitting programs, as well as spill prevention, risk management, and facility response programs. Washington, DC 20590 United States. NRHM. (iv) Is authorized to move the vehicle and has the means and ability to do so. 2 Diesel Fuel and Jet-A/Jet Fuel BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the . 2 . FAR). During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. (vii) Terrain considerations. If no agreement is reached, the Administrator may take the matter under consideration and announce his or her decision in accordance with paragraph (f) of this section. The Administrator may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. Please do not provide confidential Rule 1501:10-2-10 - Ohio Administrative Code | Ohio Laws (b) No more than one safety can shall be transported on a vehicle at any time. This document provides a brief overview of basic requirements and is not a substitute for Federal Motor Carrier Safety Regulations (FMCSR) or Hazardous Materials Regulations (HMR) in Title 49 of the U.S. Code of Federal Regulations (49 CFR). 397.213 Waiver of preemption application. Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. switch to drafting.ecfr.gov. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. Motor vehicle. Copyright year J. J. Keller & Associates, Inc. All rights reserved. (iii) Types and quantities of NRHM. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart. The TransCube is authorized for . result, it may not include the most recent changes applied to the CFR. The container carrying the fuel must be constructed so that the fuel will not leak or spill. contact the publishing agency. For instance, never fill a gas can when it's in the trunk of a vehicle or in the back of a pickup because fuel vapors tend to gather at the lowest point of . 3 comments UTC - AAM - ASTM DOT 406 tank is also suitable for the transport of No. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. Sign up to receive Transportation SafetyClicks. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. The in-page Table of Contents is available only when multiple sections are being viewed. developer resources. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. Pressing enter in the search box In fact, a driver's age must exceed 21 to operate across state lines. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada . California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. (3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Motor Fuel Transporters - Texas Comptroller of Public Accounts The driver shall not operate the vehicle until the cause of the overheating is corrected. The present paper seeks to clarify and assess the obligations of governments to . (2) The highway routing designation of the State, political subdivision thereof, or Indian tribe has been determined by a court of competent jurisdiction or in a determination issued pursuant to 397.211 to be preempted by the Act or the regulations issued thereunder. (b) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways. Text - S.259 - 118th Congress (2023-2024): Transportation Fuel Market Any trade, traffic, or transportation in the United States which: (1) Is between a place under the jurisdiction of a State or Indian tribe and any place outside of such jurisdiction; or. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. Phone: 202-366-4702 (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. United States, Email: Transportation.RegulatoryInfo@dot.gov If the Administrator fails to take action on the application within 90 days of serving the notice required by 397.217(d), the applicant may treat the application as having been denied in all respects. Routing designation includes any regulation, limitation, restriction, curfew, time of travel restriction, lane restriction, routing ban, port-of-entry designation, or route weight restriction applicable to the highway transportation of hazardous materials over a specific highway route or portion of a route. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. DOT Regulations and DOT 406 Specification - Kiesel Co The impact zone is the potential range of effects in the event of a release. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination. Let's go over the standard DOT requirements for all CDL truck drivers. Rules and Regulations | ADOT - Arizona Department of Transportation (3) The route is published in the National Hazardous Materials Route Registry on FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. (b) Unless otherwise ordered by the Administrator, an application for a preemption determination which includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination. SDTruckInfo.com is a collaborative effort between the SD Department of Revenue, SD Department of Transportation and SD Department of Public Safety to provide a central location for South Dakota trucking information, including Commercial Driver Licensing (CDL), special load permits, emergency notices for the trucking industry, legal weights and sizes for loads, and rules and regulations for . 5125(c). The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. - Other Regulations Relating to Transportation, - Federal Motor Carrier Safety Administration, Department of Transportation, - Federal Motor Carrier Safety Regulations, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-397, Transportation of Hazardous Materials; Driving and Parking Rules. This allows a farmer to be expempted . Any State or Indian tribe adversely affected by the Administrator's decision under 397.75 of this subpart may seek review by the appropriate district court of the United States under such proceeding only by filing a petition with such court within 90 days after such decision becomes final. or existing codification. Those not in commerce (e.g. Utah Administrative Rules for Motor Carriers. Background and more details are available in the (iii) That the current route has the same or less risk to the public than the deviation resulting from the proposed routing designation, then the routing designation shall not be allowed. The eCFR is displayed with paragraphs split and indented to follow State. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. (9) Factors to consider. or existing codification. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (1) For purposes of this subpart, a preferred route is an Interstate System highway for which an alternative route is not designated by a State routing agency; a State-designated route selected by a State routing agency pursuant to 397.103; or both of the above. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (x) Effects on commerce. Regulation Y DOT Regulations for Mobile Fuel Containers - above ground fuel storage (3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. A DOT specification tank meets the federal requirement for the transport of Gas and AV Gas over a public roadway per Title 49 (Transportation) for transport in bulk containers. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. "Published Edition". NWCG Standards for Transporting Fuel. Choosing an item from (2) Is solely within a place under the jurisdiction of a State or Indian tribe but which affects trade, traffic, or transportation described in subparagraph (a). J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. (i) Diesel fuel transportation units shall be parked only in permanent underground diesel fuel storage facilities or temporary underground diesel fuel storage areas when not in use. Former president Donald Trump greets Mayor Trent Conaway of East Palestine, Ohio, on Feb. 22. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. The Secretary of Transportation. developer resources. 1 CFR 1.1 This contact form is only for website help or website suggestions. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel (UN1202/NA1993) or Jet-A/Jet Fuel (UN1863) on public roadways per FEDERAL transportation requirements. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. We recommend you directly contact the agency responsible for the content in question. Federal Gasoline Regulations. william.chernicoff@dot.gov. As is the case with many hazardous materials, the placarding requirement is determined largely by the hazard of the material, the quantity of the material being transported, and the type of packaging used. learn more about the process here. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Federal Gasoline Regulations | US EPA (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. switch to drafting.ecfr.gov. Pressing enter in the search box (1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible; (2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or. (d) The Administrator may serve notice on any other persons readily identifiable by the Administrator as persons who will be affected by the determination sought and may afford those persons an opportunity to file written comments on the application. Diesel Fuel Container Regulations | Legal Beagle ( c) Safety cans that leak must be promptly removed from the mine. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . learn more about the process here. 49 CFR 172.101 But, confusion arises for diesel in first determining if it is . A. It is not an official legal edition of the CFR. (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title. The application filed with the Administrator must include a certification that the application complies with this paragraph and must include the names and addresses of each person to whom the application was sent. (3) A reasonable deviation is required by emergency conditions, such as a detour that has been established by a highway authority, or a situation exists where a law enforcement official requires the driver to take an alternative route. (d) The Administrator's decision under this section constitutes the final agency decision. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. (f) Decision. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. Consideration shall be given to the amount of time during which an area will experience a heavy population density. This content is from the eCFR and is authoritative but unofficial. (2) Receipt thereof is acknowledged in writing by the FMCSA. Title 49 was last amended 2/03/2023. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. The Administrator may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. (2) No person may fill and offer for transportation a portable . Attention: National Hazardous Materials Route Registry. DOT Regulations for Mobile Fuel Containers. Office of the General Counsel. will also bring you to search results. In addition, the State or Indian tribe shall make a finding, supported by a risk analysis conducted in accordance with paragraph (b)(1) of this section, that the routing designation enhances public safety. (xiii) Congestion and accident history. Business Hours:9:00am-5:00pm ET, M-F. Any vehicle or equipment of which fuel is being transferred to must be turned off. (7) Describe any proposed actions that the Administrator should take to resolve the dispute and how these actions would provide the greatest level of highway safety without unreasonably burdening commerce and would ensure compliance with the Federal standards established in this subpart. A copy of each decision will be placed on file in the public docket. Strong communication, problem-solving, organization, and customer service skills are essential. Secure .gov websites use HTTPS Any NRHM routing designation which affects another State or Indian tribe shall be established, maintained, or enforced only if: (i) It does not unreasonably burden commerce, and. (a) Except as provided in paragraph (b) of this section or in circumstances when there is only one practicable highway route available, considering operating necessity and safety, a carrier or any person operating a motor vehicle that contains a Class 7 (radioactive) material, as defined in 49 CFR 172.403, for which placarding is required under 49 CFR part 172 shall: (1) Ensure that the motor vehicle is operated on routes that minimize radiological risk; (2) Consider available information on accident rates, transit time, population density and activities, and the time of day and the day of week during which transportation will occur to determine the level of radiological risk; and. The US transportation legislation that governs the transport of hazardous materials such as fuel in the Hazardous Materials Table found in Title 49 CFR 172.101. When transporting diesel fuel, many often wonder if placarding is required. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. PDF U.S. Department of Transportation DOT Regulations - Energy Special populations such as schools, hospitals, prisons, and senior citizen homes shall, among other things, be considered when determining the potential risk to the populations along a highway routing. Only transfer fuel in well ventilated areas. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. eCFR :: 30 CFR 75.1906 -- Transport of diesel fuel. (iii) The State or Indian tribe shall attempt to resolve any concern or disagreement expressed by any consulted official related to the proposed routing designation. Deviation from the shortest-distance pickup or delivery route is authorized if such deviation: (i) Is based upon the criteria in paragraph (a) of this section to minimize the radiological risk; and. Use DOT-approved gas cans for safe fuel transport and storage. PDF TRANSPORTING GASOLINE AND DIESEL FUEL - New York State Department of (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. Fuel Distribution | Highway Maintenance | NH Department of Transportation If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (4) Through routing. 5.1.7 Fuel Systems (393 Subpart E) Fuel systems include the fuel tanks and lines that supply fuel to a motor vehicle's engine. Identify the DOT agency you wish to contact. Read this complete Code of Federal Regulations Title 49. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. Requirements for State routing designations. The can must be protected from damage during transport. (d) A carrier (or a designated agent) who operates a motor vehicle which contains a package of highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall prepare a written route plan and supply a copy before departure to the motor vehicle driver and a copy to the shipper (before departure for exclusive use shipments, as defined in 49 CFR 173.403, or within fifteen working days following departure for all other shipments). (iv) Emergency response capabilities. (1) Any State or Indian tribe that files a petition for dispute resolution under this subpart shall mail a copy of the petition to any affected State, political subdivision, or Indian tribe, accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the petition to the Administrator within 45 days. A1. Federal Motor Carrier Safety Administration, Transporting Hazardous Materials by Highway, United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics, HazMat General Information_FINAL_508c.pdf. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. 36 FR 4876, Mar. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (2) Public participation. Motor carrier responsibility for routing. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. DOUBLE-WALL CONSTRUCTION: A double-wall tank is not required per FEDERAL transportation requirements for the transport of diesel or gasoline in bulk containers, but MAY be required by local or other jurisdictional regulations. PDF fuel transportation regulations For purposes of this subpart, any highway routing designation affecting the highway transportation of NRHM, made by a political subdivision of a State is considered as one made by that State, and all requirements of this subpart apply.