Pressing enter in the search box The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. 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. You can learn more about the process (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. [57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 77 FR 59828, Oct. 1, 2012; 78 FR 58485, Sept. 24, 2013; 81 FR 68359, Oct. 4, 2016]. Read this complete Code of Federal Regulations Title 49. (xi) Delays in transportation. (iii) Facilities for food, fuel, repairs, rest, and safe havens. DOT & Safety Regulations. (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. She holds a Bachelor of Arts in English with a focus on professional and technical writing from the University of South Florida. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. or less - $300,000. (eg: We recommend you directly contact the agency responsible for the content in question. 397.219 Waiver determination and order. will also bring you to search results. (e) Hearings; alternative dispute resolution. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle. (b) Except as otherwise permitted in this paragraph and in paragraph (f) of this section, a carrier or any person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall operate the motor vehicle only over preferred routes. is available with paragraph structure matching the official CFR [36 FR 4876, Mar. Secure .gov websites use HTTPS (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. 5101 et seq. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. Choosing an item from (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. (2) A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. householders) are not subject to DOT regulations. Details. will bring you directly to the content. (d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in 397.5 and 397.7. California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. Current Publication Date: Oct 2019. (e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway. As a (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. - 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. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. If a State or any political subdivision thereof, or an Indian tribe chooses to establish, maintain, or enforce any NRHM routing designation, the Governor, or Indian tribe, shall designate a routing agency for the State or Indian tribe, respectively. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. Motor Bus Transportation Act Administrative Rules. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE); (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought; (3) If applicable, specify the provisions of the Act or the regulations issued under the Act under which the applicant seeks preemption of the highway routing designation of the State, political subdivision thereof, or Indian tribe; (4) Explain why the applicant believes the highway routing designation of the State, political subdivision thereof, or Indian tribe should or should not be preempted under the standards of 397.203; and. Subpart A also issued under 49 U.S.C. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. contact the publishing agency. Attention: National Hazardous Materials Route Registry. Q. (b) A motor carrier carrying hazardous materials required to be placarded or marked in accordance with 49 CFR 177.823 and not subject to NRHM routing designations pursuant to this subpart, shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that: (2) A reasonable deviation is necessary to reach terminals, points of loading and unloading, facilities for food, fuel, repairs, rest, or a safe haven; or. 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. (ii) Type of highway. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. 397.213 Waiver of preemption application. DOT 406 tank is also suitable for the transport of No. 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. If road signs are used, those signs and their placements must comply with the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration (FHWA), particularly the Hazardous Cargo signs identified as R14-2 and R14-3 shown in Section 2B-62 of that Manual. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. To be notified of upcoming rulemaking hearings or for questions or comments about the rule review schedule or a particular rule, please email DOT_Rules@state.co.us. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. (ii) Does not exceed the shortest-distance pickup or delivery route by more than 25 miles and does not exceed 5 times the length of the shortest-distance pickup or delivery route. 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. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (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 . To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . Employees must complete refresher hazmat training every three years or whenever there is a change in job function. RENEWABLE FUEL STANDARD . Office of the General Counsel. 397.201 Purpose and scope of the procedures. (6) Timeliness. (Or, to transport hazardous materials over state lines.) Learn more about our story. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. (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. 397.67 Motor carrier responsibility for routing. The Administrator may publish the order or notice of the order in the Federal Register. Federal Motor Carrier Safety Regulations. (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. 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 term through highway routing as used in this paragraph means that the routing designation must ensure continuity of movement so as to not impede or unnecessarily delay the transportation of NRHM. (h) Diesel fuel transportation units and vehicles transporting safety cans containing diesel fuel must have at least two multipurpose, dry chemical type (ABC) fire extinguishers, listed or approved by a nationally recognized independent testing laboratory and having a 10A:60B:C or higher rating, with one fire extinguisher provided on each side of the vehicle. Act 279 of 1909, The Home Rule City Act. A sole owner, partnership, corporation or other organization transporting gasoline or diesel fuel in Texas as a motor fuel transporter using truck, railroad tank car or marine vessel outside the bulk transfer/terminal system is required to be licensed by the Comptroller's office. switch to drafting.ecfr.gov. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. (a) Petition. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. 397.3 State and local laws, ordinances, and regulations. (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). 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. Subpart C - Routing of Non-Radioactive Hazardous Materials. So employees thrive. Copyright year J. J. Keller & Associates, Inc. All rights reserved. A non-radioactive hazardous material transported by motor vehicle in types and quantities which require placarding, pursuant to Table 1 or 2 of 49 CFR 172.504. (a) Any State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by the Act, 397.203 of this subpart, or a court of competent jurisdiction. 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. 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. This content is from the eCFR and may include recent changes applied to the CFR. (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. Therefore, when diesel is transported in non-bulk packaging, a placard is not required.However, when diesel is transported in bulk packaging, it is regulated and does require placarding. View the most recent official publication: These links go to the official, published CFR, which is updated annually. [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]. Chapter 287 Procurement of Personal Property and ServicesPart I. Receive email updates about the latest in Safety, Innovation, and Infrastructure. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. This content is from the eCFR and is authoritative but unofficial. (i) FMCSA will consolidate information on the NRHM routing designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as updates in the Federal Register. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. information or personal data. Any variation between the route plan and routes actually used, and the reason for it, shall be reported in an amendment to the route plan delivered to the shipper as soon as practicable but within 30 days following the deviation. But, confusion arises for diesel in first determining if it is regulated or not. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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. Learn more about the eCFR, its status, and the editorial process. Consideration shall be given to the amount of time during which an area will experience a heavy population density. (2) A qualified representative of a motor carrier is a person who -. (a) Establishment of the transportation fuel monitoring and enforcement unit. (1) I N GENERAL.The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the "Unit"). In case of emergency, certain information must be kept with the shipping papers throughout shipment. PART 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES. (a) The State routing agency, as defined in 397.201(c), shall select routes to minimize radiological risk using Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials, or an equivalent routing analysis which adequately considers overall risk to the public. The can must be protected from damage during transport. You can learn more about the process U.S. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. 397.101 Requirements for motor carriers and drivers. (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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. (2) Telephone numbers which will access emergency assistance in each State to be entered. Regulation Y These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. Do not transfer fuel near any heat source or open flame. 397.69 Highway routing designations; preemption. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (2) Does not unreasonably burden commerce. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. 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. Please do not provide confidential 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. NRHM. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. guide. Requirements for motor carriers and drivers. 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. (c) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3, materials, and which is located on a public street or highway, or the shoulder of a public highway, must be attended by its driver. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. Any vehicle or equipment of which fuel is being transferred to must be turned off. ( c) Safety cans that leak must be promptly removed from the mine. HazMat General Information_FINAL_508c.pdf (1.08 MB) 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). (i) That the current routing presents at least 50 percent more risk to the public than the deviation under the proposed routing designation, then the proposed routing designation may go into effect. (b) No more than one safety can shall be transported on a vehicle at any time. Phone: 202-366-4702 Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. Title 49 was last amended 2/03/2023. (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. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Transporting Hazardous Materials by Highway. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. 35 FR 17890, Nov. 20, 1970, unless otherwise noted. The eCFR is displayed with paragraphs split and indented to follow 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. February 27, 2023 at 3:00 a.m. EST. (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. First, its important to understand the differences between bulk and non-bulk packaging. 397.103 Requirements for State routing designations. This contact form is only for website help or website suggestions. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. PHMSA Regulations. Department of Transportation (DOT) regulations assign the responsibility to the shipper (e.g., hospital) for properly packaging hazardous materials that are being transported offsite (see shipper's responsibility in 49 CFR 173.22 ). Enhanced content is provided to the user to provide additional context. Organization and Purpose New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. Utah Administrative Rules for Motor Carriers. switch to drafting.ecfr.gov. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. Washington, DC 20590855-368-4200. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. 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.) But, confusion arises for diesel in first determining if it is . The 8 gallon thing is close but it is actually a maximum of 8 gal containers. (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. Sign up to receive Transportation SafetyClicks. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. No. information or personal data. The analysis of the emergency response capabilities shall be based upon the proximity of the emergency response facilities and their capabilities to contain and suppress NRHM releases within the impact zones. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. An official website of the United States government Here's how you know. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. 16, 1998]. or existing codification. 2 . (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. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. Act means 49 U.S.C. 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. 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 container carrying the fuel must be constructed so that . (2) No person may fill and offer for transportation a portable . A DOT 406 specification tank meets the federal requirements for the transport of Gasoline and AvGas over public roadways per Title 49 (Transportation) for transport in bulk containers. Title 30 was last amended 2/15/2023. NWCG Standards for Transporting Fuel, PMS 442. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. Comments or questions about document content can not be answered by OFR staff. (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. (c) A State or Tribally-designated route is effective only after it 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. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. 397.73 Public information and reporting requirements. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. Former president Donald Trump greets Mayor Trent Conaway of East Palestine, Ohio, on Feb. 22. If an agreement is reached, it may be stipulated by the parties, in writing, and, if the Administrator agrees, made part of the decision in paragraph (f) of this section. (e) Any 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. (4) Clearly set forth the dispute for which resolution is sought, including a complete description of any disputed NRHM routing designation and an explanation of how the disputed routing designation affects the petitioner or how it impedes through highway routing.
