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(a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation for hazardous materials may apply to the Administrator for a determination as to whether that highway routing designation is preempted under 49 U.S.C. [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 -. 322; 49 CFR 1.87. Radioactive material. Vehicle weight and size limits, underpass and bridge clearances, roadway geometrics, number of lanes, degree of access control, and median and shoulder structures are examples of characteristics which a State or Indian tribe shall consider. FMCSA. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. Vehicles transporting fuel shall be equipped with at least one 10 pound fire extinguisher, either BC or ABC dry chemical, and mounted to be easily accessible. DOT 406 tank is also suitable for the transport of No. Depending on the severity, the DOT can fine both the driver and carrier anywhere from $1,000 up to a maximum of $11,000. Section 112.061 Per diem and Travel Expenses of Public Officers, Employees, and Authorized Persons; Statewide travel management system. But, confusion arises for diesel in first determining if it is regulated or not. Senate Bill ( SB) 486, Section 6, Statutes of 2014, (changed California Government Code 14526) requires that Caltrans in consultation with the California Transportation Commission (CTC) prepare a robust asset management plan to guide the selection of projects in the State Highway Operation and Protection Program (SHOPP). This is for Vermont only. 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. (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. Transporting Hazardous Materials by Highway. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. Attention: Office of the Chief Counsel (MC-CC). The training will consist of general awareness training, job-specific training, security awareness and hazmat safety. full text search results Each petition for dispute resolution filed under this section must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. An official website of the United States government Here's how you know. The can must be protected from damage during transport. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. Your diesel fuel container color matters as well. (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. Designations must be preceded by substantive consultation with affected local jurisdictions and with any other affected States to ensure consideration of all impacts and continuity of designated routes. If you work for a Federal agency, use this drafting Learn more about our story. Subpart C - Routing of Non-Radioactive Hazardous Materials. Pressing enter in the search box Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 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. Navigate by entering citations or phrases 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. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. Enter your email address below and click Sign up. (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. guide. (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. Utah Administrative Rules for Motor Carriers. Navigate by entering citations or phrases Use the navigation links in the gray bar above to view the table of contents that this content belongs to. Routing agency means the State highway agency or other State agency designated by the Governor of a State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the highway routing designations for that State or Indian tribe. (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes. This is an automated process for site when drafting amendatory language for Federal regulations: The population potentially exposed to an NRHM release shall be estimated from the density of the residents, employees, motorists, and other persons in the area, using United States census tract maps or other reasonable means for determining the population within a potential impact zone along a designated highway route. citations and headings (b) Filing. Act 387 of 2012, Regional Transit Authority Act. 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. (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. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. cans in your truck but not a 9 gal gas can. If you work for a Federal agency, use this drafting Displaying title 30, up to date as of 3/02/2023. Washington, DC 20590 However, the driver may prepare the written plan as agent for the motor carrier when the trip begins at a location other than the carrier's terminal. (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. (ii) If it is determined that a public hearing is necessary, the State or Indian tribe shall hold at least one public hearing on the record during which the public will be afforded the opportunity to present its views and any information or data related to the proposed NRHM routing designation. Pressing enter in the search box Read this complete Code of Federal Regulations Title 49. After a petition for dispute resolution is filed in accordance with this section, no court action may be brought with respect to the subject matter of such dispute until a final decision has been issued by the Administrator or until the last day of the one-year period beginning on the day the Administrator receives the petition, whichever occurs first. As a Previous Edition: Apr 2011. Please do not provide confidential information or personal data. Background and more details are available in the (c) Safety cans that leak must be promptly removed from the mine. Political subdivision includes a municipality; a 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. Utah Code for Motor Carriers. Displaying title 49, up to date as of 3/02/2023. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Public information and reporting requirements. (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with 397.223. (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. Diesel fuel is classified as a flammable liquid in the hazardous materials table (172.101), but in most instances may be reclassified as a combustible liquid if it has a flash point at or above 100 F (38 C). All containers shall be properly labeled. "Published Edition". (a) Any person, including a State, political subdivision thereof, or Indian tribe directly affected by any highway routing designation of another State, political subdivision, or Indian tribe, may apply to the Administrator for a determination of whether that highway routing designation is preempted by the Act or 397.203 of this subpart. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. Title 30 was last amended 2/15/2023. Background and more details are available in the 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. 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. (a) A motor vehicle containing hazardous materials must not be operated near an open fire unless its driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. The E-Cube Mobile is authorized for the transport of PG II and III liquids such as diesel and Jet-A as a UN 31A Group Y IBC. DOT Regulations for Mobile Fuel Containers. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. The State or Indian tribe shall make a finding, supported by the record to be developed in accordance with paragraphs (b)(2)(ii) and (b)(3)(iv) of this section, that any NRHM routing designation enhances public safety in the areas subject to its jurisdiction and in other areas which are directly affected by such highway routing designation. (2) Does not unreasonably burden commerce. ( c) Safety cans that leak must be promptly removed from the mine. 16, 1998]. (l) Diesel fuel shall be stored and handled in accordance with the requirements of 75.1902 through 75.1906 of this part as of November 25, 1997. 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. A copy of each order is placed on file in the public docket. Applicable to on and off-road vehicles but not . Federal Gasoline Regulations. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. (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). Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (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. This content is from the eCFR and is authoritative but unofficial. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. 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. Hazardous Materials Regulations. (d) Court actions. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. Share sensitive information only on official, secure websites. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. (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. (x) Effects on commerce. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. A. (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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. Motor carrier responsibility for routing. (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. (eg: DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. Any questions please call us at 1-800-773-3047. 397.69 Highway routing designations; preemption. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. Choosing an item from Secretary. (vi) Exposure and other risk factors. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. The present paper seeks to clarify and assess the obligations of governments to . The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Subpart A also issued under 49 U.S.C. 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). (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. If that is the case, what you have are bulk packagings of a hazardous . Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations. View the most recent official publication: These links go to the official, published CFR, which is updated annually. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. (a) Public information. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. (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. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November 14, 1994, and maintains or enforces such designation, shall comply with the highway routing standards set forth in 397.71 of this subpart. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. 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. (ii) That the current routing presents a greater risk but less than 50 percent more risk to the public than the deviation under the proposed routing restriction, then the proposed routing restriction made by a State or Indian tribe shall only go into effect if it does not force a deviation of more than 25 miles or result in an increase of more than 25 percent of that part of a trip affected by the deviation, whichever is shorter, from the most direct route through a jurisdiction as compared to the intended deviation. This is an automated process for U.S. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. The eCFR is displayed with paragraphs split and indented to follow FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A fuel tank meeting the requirements of 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of the motor vehicle or its auxiliary equipment is not subject to the HMR with respect to its use on the vehicle. A separate drafting site You must also have good knowledge of safety and transport regulations. 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. NWCG Standards for Transporting Fuel. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. 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. So employees thrive. 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. Upon receipt of a petition filed pursuant to paragraph (a) of this section, the Administrator may schedule a hearing to attempt to resolve the dispute and, if a hearing is scheduled, will notify all parties to the dispute of the date, time, and place of the hearing. The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. Is the 350-gallon diesel fuel tank subject to the HMR? [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. 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). Bulk packaging has no intermediate form of containment and has a maximum capacity greater than 119 gallons for a liquid hazmat. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. The can must be protected from damage during transport. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). learn more about the process here. The Arizona Department of Transportation in cooperation with state representatives, industry, the Department of Public Safety and local law enforcement personnel work in collaboration to update and amend oversize and overweight special permit rules containing special permit requirements, restrictions and allowances for transporting oversize and overweight vehicles and loads on highways under . (ix) Alternative routes. 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. 397.5 Attendance and surveillance of motor vehicles. Washington, DC 20590855-368-4200. Act 432 of 1982. [36 FR 4876, Mar. DOT & Safety Regulations. This will link you to the U.S. Department of Transportation's Hazardous Materials Safety website. Every motor vehicle containing hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint. Routing agency. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . This document is available in the following developer friendly formats: Information and documentation can be found in our According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. Confusion arises for diesel in first determining if it is regulated or not, Suggested site content and search history menu, J. J. Keller protects people and the businesses they run.. (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. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. (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. If you have questions for the Agency that issued the current document please contact the agency directly. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. (e) Hearings; alternative dispute resolution. If no petition for reconsideration is filed under this section, then the determination issued under 397.211 or 397.219 becomes the final agency decision at the end of the 20 day period. 3 comments UTC - AAM - ASTM 397.1 Application of the rules in this part. 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. (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. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. The documents must include the names and telephone numbers of persons (including representatives of carriers or shippers) to be contacted, the nature of the explosives being transported, and the precautions to be taken in emergencies such as fires, accidents, or leakages. As a State. (eg: A substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, or property when transported in commerce, and which has been so designated. Home / Publications / NWCG Standards for Transporting Fuel. The establishment of an NRHM routing designation by any State or Indian tribe shall be completed within 18 months of the notice given in either paragraph (b)(2) or (b)(3) of this section, whichever occurs first. [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]. Vehicle with refueling tank installed must be turned off when transferring fuel. "Published Edition". (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.