(d) A list of State-designated preferred routes and a copy of the Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. result, it may not include the most recent changes applied to the CFR. U.S. More severe violations will involve fees. Public information and reporting requirements. Whether diesel is regulated largely depends on the type of packaging. OSHA & EPA Safe Storage Testing Requirements for a Helium Tank, Federal Motor Carrier Safety Administration: How to Comply with Federal Hazardous Materials Regulations. First, its important to understand the differences between bulk and non-bulk packaging. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. (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. If you have questions or comments regarding a published document please (iii) Procedures to be followed in case of an accident or other emergency. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. 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. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. A separate drafting site information or personal data. (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. (7) Reasonable routes to terminals and other facilities. 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. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Fuel tanker regulations require that anyone who applies for a new permit for the use of these tankers or seeks renewal of an already existing permit should sign a declaration confirming that the vehicle is fit for the safe transport of fuel as specified in the permit.. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. When transporting diesel fuel, many often wonder if placarding is required. This web site is designed for the current versions of Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . (3) The driver has in his or her immediate possession the route plan required by paragraph (d) of this section and operates the motor vehicle in accordance with the route plan. Each container must be marked and labeled. (1) Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction: (i) Electronically, by email to HMRouting@dot.gov; or. DOT 406 tank is also suitable for the transport of No. Subpart A also issued under 49 U.S.C. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. 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. This contact form is only for website help or website suggestions. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. (8) Responsibility for local compliance. The Pipeline and Hazardous Materials Safety Administration (PHMSA . (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. [36 FR 4876, Mar. Transporting Hazardous Materials by Highway. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. The in-page Table of Contents is available only when multiple sections are being viewed. 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. 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. Pressing enter in the search box FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. will bring you directly to the content. (1) The State gives written notice to the Federal Motor Carrier Safety Administration: (ii) By certified mail, return receipt requested, to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. This content is from the eCFR and is authoritative but unofficial. The official, published CFR, is updated annually and available below under 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. Bulk packaging has no intermediate form of containment and has a maximum capacity greater than 119 gallons for a liquid hazmat. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . (2) Public participation. (c) Safety cans that leak must be promptly removed from the mine. (v) A statement by the person providing the training that information on the certificate is accurate. Contact Us. the hierarchy of the document. Motor vehicle. Act 279 of 1909, The Home Rule City Act. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. is available with paragraph structure matching the official CFR During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. The present paper seeks to clarify and assess the obligations of governments to . (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. In fact, a driver's age must exceed 21 to operate across state lines. The age of each truck driver has to exceed 18. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. FAR). 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (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. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. Former president Donald Trump greets Mayor Trent Conaway of East Palestine, Ohio, on Feb. 22. 1 CFR 1.1 (b) The Federal standards are as follows: (1) Enhancement of public safety. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. 49 U.S.C. Any vehicle or equipment of which fuel is being transferred to must be turned off. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). (a) If the applicant is other than a State, political subdivision thereof, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision thereof, or Indian tribe concerned, accompanied by a statement that comments may be submitted regarding the application to the Administrator within 45 days. Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. (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. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. 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 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. will also bring you to search results. Receive email updates about the latest in Safety, Innovation, and Infrastructure. (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. (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. We recommend you directly contact the agency responsible for the content in question. Vehicle with refueling tank installed must be turned off when transferring fuel. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. 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 motor carrier shall maintain the receipt for a period of one year from the date of signature. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). Navigate by entering citations or phrases (v) Results of consultation with affected persons. Please read below for more detail. DOT Links: U.S. (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, an order issued under this section constitutes the final agency decision regarding whether a particular requirement of a State, political subdivision thereof, or Indian tribe is preempted under the Act or any regulations issued thereunder, or whether preemption is waived. For purposes of this subpart, the following definitions apply: Administrator. Federal Motor Carrier Safety Regulations. householders) are not subject to DOT regulations. contact the publishing agency. Florida Statutes. (a) Petition. (c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Act or any regulation issued under the Act. 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. Choosing an item from [/box] [box . (3) The written route plan specified in 397.67. formatting. 397.219 Waiver determination and order. You can learn more about the process (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. Routing designations. Basic Gas Can Safety . 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. (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. (2) Does not unreasonably burden commerce. 1/1.1 1200 New Jersey Avenue, S.E. (iii) Types and quantities of NRHM. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. (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. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. Hazardous Materials Regulations. The container carrying the fuel must be constructed so that . Regulation Y This document is available in the following developer friendly formats: Information and documentation can be found in our 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. The Administrator may publish the decision or notice of the decision in the Federal Register. DOT & Safety Regulations. But, confusion arises for diesel in first determining if it is regulated or not. (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. Comments or questions about document content can not be answered by OFR staff. Commerce. Strong communication, problem-solving, organization, and customer service skills are essential. A party to a proceeding under 397.205(a), 397.213(a), or 397.223(a) may seek review by the appropriate district court of the United States of the decision of the Administrator under such proceeding only by filing a petition with such court within 60 days after the final agency decision. No changes found for this content after 1/03/2017. (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. 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. (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. (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. (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. This content is from the eCFR and is authoritative but unofficial. Depending on the severity, the DOT can fine both the driver and carrier anywhere from $1,000 up to a maximum of $11,000. 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. It is not an official legal edition of the CFR. RENEWABLE FUEL STANDARD . No. Navigate by entering citations or phrases A locked padlock) or https:// means you've safely connected to the .gov website. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. (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. switch to drafting.ecfr.gov. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . 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. 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. (a) The rules in this part apply to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with 177.823 of this title and to -, (1) Each officer or employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials; and. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. Third, if the empty packaging contains only the residue of an ORM-D Consumer Commodity, a Division 2.2 non-flammable gas described in 49 CFR 173.29(b)(2)(iv)(B), or the residue does not meet the definition of a hazardous substance, a hazardous waste, or a marine pollutant. As a Do not transfer fuel near any heat source or open flame. (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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . (b) Filing. (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. Is the 350-gallon diesel fuel tank subject to the HMR? 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. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. Washington, DC 20590 Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. (a) General requirements. (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. A carrier's safety rating can also be affected. Topography along and adjacent to the proposed NRHM routing designation that may affect the potential severity of an accident, the dispersion of the NRHM upon release and the control and clean up of NRHM if released shall be considered. (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 . UL 142 AND 2085: Underwriters Laboratories (UL) standards 142 and 2085 DO NOT APPLY to mobile fuel storage containers, only to stationary above-ground storage tanks as specified in the scope of the UL 142 standard, part 1.7. (f) Decision. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. 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 NRHM over a specific highway route or portion of a route. Attention: National Hazardous Materials Route Registry. The official, published CFR, is updated annually and available below under Storage materials you should avoid include tin, copper, lead, zinc and brass. 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 . (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. 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. (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. (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. Notice for both the comment period and any public hearing may also be published in the official register of the State. Act 432 of 1982. Motor Bus Transportation Act Administrative Rules. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. (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. (vi) Exposure and other risk factors. [36 FR 4876, Mar. is available with paragraph structure matching the official CFR 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. (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.