397.1 Application of the rules in this part. 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). 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. (3) Contain a certification that the petitioner has complied with the notification requirements of paragraph (c) of this section, and include a list of the names and addresses of each State, political subdivision, or Indian tribe official who was notified of the filing of the petition. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. 49 CFR 173.150 states that a flammable liquid with a flash point at or above 38 C (100 F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. (d) Court actions. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Learn more about the eCFR, its status, and the editorial process. (b) The Administrator may dismiss the application without prejudice if: (1) he or she determines that there is insufficient information upon which to base a determination; or. (vi) Exposure and other risk factors. (2) The motor carrier or the person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall select routes to reduce time in transit over the preferred route segment of the trip. Snow Tire & Chain Requirements. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. - Mine Safety and Health Administration, Department of Labor, - Mandatory Safety Standards - Underground Coal Mines, https://www.ecfr.gov/current/title-30/chapter-I/subchapter-O/part-75/subpart-T/section-75.1906. (2) Include with the application filed with the Administrator a description of the persons or class or classes of persons to whom notice was not sent. Motor Carrier Registration & Credentials. (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. The Clean Air Act requires EPA to regulate fuels and fuel additives for use in motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if such fuel, fuel additive or any emission products causes or contributes to air or water pollution that may endanger the public health or welfare. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. (b) Notwithstanding that an application for a determination has not been filed under 397.205, the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act. This web site is designed for the current versions of A municipality, public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. According to CFR 49, 130, a vehicle transporting more than 42,000 gallons of oil per container or in a container with a capacity over 3,500 gallons must have shipping papers in the vehicle stating the transport oil or the specific type of fuel. Washington, DC 20590 Do not transfer fuel near any heat source or open flame. (c) Each person submitting written comments to the Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant and certify to the Administrator that he or she has complied with this requirement. Secure .gov websites use HTTPS All containers shall be properly labeled. (2) By serving notice on any other State, political subdivision, or Indian tribe determined by the Administrator to be possibly affected by the issues in dispute or the resolution sought, or by publication in the Federal Register, the Administrator may afford those persons an opportunity to file written comments on the petition. All containers shall be properly labeled. Act 196 of 1986, Public Transportation Authority Act. (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. As one of North Carolina's largest state agencies, the N.C. Department of Transportation must ensure that its divisions, business units, programs and employees are fulfilling their responsibilities while achieving the department's mission of "connecting people, products and places safely and efficiently with customer focus, accountability and environmental sensitivity to enhance the economy . The Federal Motor Carrier Safety Administration (FMSCA) under the Department of Transportation regulates the transportation of hazardous materials, including fuel, on the nation's highways. (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. 397.3 State and local laws, ordinances, and regulations. (1) Except as otherwise provided in this subpart, no person may use a portable tank for the transportation of a hazardous material unless it meets the requirements of this subchapter. See 49 CFR 393.65 for requirements that . 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. [59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012], (a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances -. This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. the hierarchy of the document. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Sensitive areas include, but are not limited to, homes and commercial buildings; special populations in hospitals, schools, handicapped facilities, prisons and stadiums; water sources such as streams and lakes; and natural areas such as parks, wetlands, and wildlife reserves. (a) Public information. Subpart D - Routing of Class 7 (Radioactive) Materials. Comments or questions about document content can not be answered by OFR staff. Official websites use .govA .gov website belongs to an official government organization in the United States. 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 . An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . A. This allows a farmer to be expempted . Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. This is for Vermont only I dont know about other states. (2) The driver has in his or her immediate possession a certificate of training as evidence of training required by this section, and a copy is placed in his or her qualification file (see 391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (iii) The name and address of the person providing the training; (iv) That the driver has been trained in the hazards and characteristics of highway route controlled quantity of Class 7 (radioactive) materials; and. (2) Identify the State or Indian tribe filing the petition and any other State, political subdivision, or Indian tribe whose NRHM routing designation is the subject of the dispute. It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . Lithium batteries are regulated as a hazardous material under the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations (HMR; 49 C.F.R., Parts 171-180). 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted. Hazardous material. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. (b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. State and local laws, ordinances, and regulations. When transporting diesel fuel in a container other than a safety can, a fire extinguisher shall be provided on each end of the transportation unit (two extinguishers required.) The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Displaying title 30, up to date as of 3/02/2023. 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. will bring you to those results. (c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with 397.223. The State shall make available to the public, upon payment of prescribed costs, copies of the transcript of the hearing, which shall include all exhibits and documents presented during the hearing or submitted for the record. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. 397.67 Motor carrier responsibility for routing. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of -, (a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or. This table specifies that the transport of Gas (UN1203), including AV Gas/100LL, and other fuels with flashpoints less than 38C (100F) in bulk containers are subject to 49 CFR 173.242 (Bulk packaging for certain medium hazard liquids and solids, including solids with dual hazards). This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. If the risk analysis shows -. A locked padlock) or https:// means you've safely connected to the .gov website. 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 . The Administrator will issue a decision based on the petition, the written comments submitted by the parties, the record of the hearing, and any other information in the record. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. Pressing enter in the search box Choosing an item from SE, Washington, DC 20590-0001. Act 387 of 2012, Regional Transit Authority Act. (c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. 450b. (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. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. All other safety cans must be stored in permanent underground diesel fuel storage facilities. Read this complete Code of Federal Regulations Title 49. (d) The Administrator's decision under this section constitutes the final agency decision. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Administrator within 45 days. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). All other safety cans must be stored in permanent underground diesel fuel storage facilities. The official, published CFR, is updated annually and available below under 450b. DOT 406 tank is also suitable for the transport of No. We recommend you directly contact the agency responsible for the content in question. ( Texas Tax Code (TTC) 162.001) Exception: This contact form is only for website help or website suggestions. Transporting Fuel: The Federal Motor Carrier Safety Administration (FMSCA) under the Department of Transportation regulates the transportation of hazardous materials, including fuel, on the nation's highways. [57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 79 FR 59458, Oct. 2, 2014; 81 FR 68359, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. Policy. A for-hire motor carrier or a private motor carrier of property. Phone: 202-366-4702 Search & Navigation When it comes to safe storage and transport, not all gasoline cans are equal. A carrier's safety rating can also be affected. DOT Regulations for Mobile Fuel Containers. If you have questions for the Agency that issued the current document please contact the agency directly. When transporting diesel fuel, many often wonder if placarding is required. Notice for both the comment period and any public hearing may also be published in the official register of the State. You are using an unsupported browser. No changes found for this content after 1/03/2017. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. Organization and Purpose The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. PHMSA Regulations. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. 49 U.S.C. Public information and reporting requirements. The can must be protected from damage during transport. 397.2 Compliance with Federal motor carrier safety regulations. Share sensitive information only on official, secure websites. By its terms, 1926.152 (a) (1) requires the use of an approved metal safety can (approved by a nationally recognized testing laboratory) for the handling and use of flammable liquids. The State highway agency or other State agency designated by the Governor of that State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the NRHM routing designations for that State or Indian tribe. NRHM. (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. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]. 16, 1998]. The 8 gallon thing is close but it is actually a maximum of 8 gal containers. (9) Factors to consider. Common sense should also be a key guide when it comes to transporting fuel. (c) Except as provided in this subpart, the Administrator will only consider an application for a waiver of preemption determination if: (1) The applicant expressly acknowledges in its application that the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought is preempted by the Act or the regulations thereunder; or. Companies that transport hazardous materials, including fuel, over the road are required to register with the DOT every year. Utah Code for Motor Carriers. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. These requirements fall under the authority of the Federal Motor Carrier Safety Administration, a division of the DOT and cover the requirements for diesel fuel tank construction, mounting, testing and marking. The first interpretation is that farmers are not subject to any of the hazmat regulations as long as the agriculture product, in this case diesel fuel, is transported over local roads between fields of the same farm. Any questions please call us at 1-800-773-3047. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. This document is available in the following developer friendly formats: Information and documentation can be found in our 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. You are using an unsupported browser. U.S. FAR). is available with paragraph structure matching the official CFR The E-Cube Mobile is authorized for the . (g) Non-self-propelled diesel fuel transportation units with electrical components for dispensing fuel that are connected to a source of electrical power must be protected by a fire suppression device that meets the requirements of 75.1107-3 through 75.1107-6, and 75.1107-8 through 75.1107-16. Share sensitive information only on official, secure websites. Group Y: Meets tests for Packing Groups (PG) II and III. learn more about the process here. U.S. In establishing or providing for reasonable access to and from designated routes, the State or Indian tribe shall use the shortest practicable route considering the factors listed in paragraph (b)(9) of this section. 1200 New Jersey Avenue, S.E. Requirements for motor carriers and drivers. (f) Tanks on diesel fuel transportation units must be permanently fixed to the unit and have a total capacity of no greater than 500 gallons of diesel fuel. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. A1. Her articles appear on eHow and Answerbag. Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof. Displaying title 49, up to date as of 3/02/2023. Transporting Hazardous Materials by Highway. These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. The transportation company must also develop a written response plan that details actions to be taken, personnel and agencies to contact, and procedures for the removal of fuel should a spill occur during transport. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. Regulation Y If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . According to CFR 49, 130, a vehicle transporting more than 42,000 gallons of oil per container or in a container with a capacity over 3,500 gallons must have shipping papers in the vehicle stating the transport oil or the specific type of fuel. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . An examination shall be made of the type and quantity of NRHM normally transported along highway routes which are included in a proposed NRHM routing designation, and consideration shall be given to the relative impact zone and risks of each type and quantity. If you have questions for the Agency that issued the current document please contact the agency directly. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. Propane transportation limits change depending on the type of vehicle you . 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 . When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application.
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