(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. Routing of Class 7 (Radioactive) Materials. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. View the most recent official publication: These links go to the official, published CFR, which is updated annually. You are using an unsupported browser. (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. State Requirements. But, confusion arises for diesel in first determining if it is regulated or not. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. A separate drafting site Only transfer fuel in well ventilated areas. [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]. Official websites use .govA .gov website belongs to an official government organization in the United States. This allows a farmer to be expempted . (8) Responsibility for local compliance. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. developer resources. Subparts C, D, and E also issued under 49 U.S.C. Nothing in this section shall be construed as prohibiting the parties from settling the dispute or seeking other methods of alternative dispute resolution prior to the final decision by the Administrator. (9) Factors to consider. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. 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. The impact zone is the potential range of effects in the event of a release. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (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. 49 CFR 172.101 In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. This written documentation must include an emergency contact phone number--which is monitored by a live person throughout the trip--and information on the type of fuel, its hazards, first aid information and procedures for leaks, spills and fires. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. Those not in commerce (e.g. 397.3 State and local laws, ordinances, and regulations. 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. 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. site when drafting amendatory language for Federal regulations: Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. or existing codification. Regulation Y (2) Receipt thereof is acknowledged in writing by the FMCSA. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. The Administrator may publish the determination or notice of the determination in the Federal Register. 206.20 Transportation of motor fuel over public highways.. Attention: National Hazardous Materials Route Registry. 397.69 Highway routing designations; preemption. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. (5) Agreement of other States; burden on commerce. (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. here. 5112, 5125. Learn more about the eCFR, its status, and the editorial process. ( Texas Tax Code (TTC) 162.001) Exception: 1/1.1 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. (7) Describe any proposed actions that the Administrator should take to resolve the dispute and how these actions would provide the greatest level of highway safety without unreasonably burdening commerce and would ensure compliance with the Federal standards established in this subpart. (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. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall undertake the following actions to ensure participation by the public in the routing process: (i) The State or Indian tribe shall provide the public with notice of any proposed NRHM routing designation and a 30-day period in which to comment. (b) Each application filed under this section for a waiver of preemption determination must: (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 being sought; (3) Include a copy of any relevant court order or determination issued pursuant to 397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and. full text search results 1/1.1 learn more about the process here. 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. https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. A proud American manufacturer for over 25 years! Secretary. (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. 49 CFR 172.101 It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. will bring you directly to the content. A copy of each determination is placed on file in the public docket. This is for Vermont only. (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. Choosing an item from 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. (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. Such actions shall include the following: (i) At least 60 days prior to establishing a routing designation, the State or Indian tribe shall provide notice, in writing, of the proposed routing designation to officials responsible for highway routing in all other affected States or Indian tribes. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel or Jet-A/Jet Fuel on public roadways per FEDERAL transportation requirements. (xi) Delays in transportation. We recommend you directly contact the agency responsible for the content in question. "Published Edition". 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. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. 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. 5101 et seq. 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. or existing codification. (a) The Administrator may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. Strong communication, problem-solving, organization, and customer service skills are essential. SE, Washington, DC 20590-0001. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. 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. 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. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. (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. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. What skills will I need to do this job? Details. A copy of each order is placed on file in the public docket. (c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or routing, in the waiver of preemption proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Administrator within 20 days. 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. (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. If you have questions for the Agency that issued the current document please contact the agency directly. The Administrator may publish the decision or notice of the decision in the Federal Register. This content is from the eCFR and may include recent changes applied to the CFR. Fuel Container Supply Procurement Sources. Public information and reporting requirements. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. 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. All containers shall be properly labeled. Use DOT-approved gas cans for safe fuel transport and storage. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and. of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . Hazardous material means 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. 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. (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. Requirements for motor carriers and drivers. 1 CFR 1.1 Washington, DC 20590 Regulation Y (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. 397.203 Standards for determining preemption. Any increases in transportation costs may affect the ultimate price of diesel fuel because diesel fuel is delivered by truck or pipeline from refineries to distribution centers and diesel stations. Any vehicle or equipment of which fuel is being transferred to must be turned off. Vehicle with refueling tank installed must be turned off when transferring fuel. (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist -, (1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and, (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. PART 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. This web site is designed for the current versions of During the hearing the parties may offer any information pertinent to the resolution of the dispute. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. Consideration shall be given to the amount of time during which an area will experience a heavy population density. Special Provision B1 specifies that materials with flash-points above 38C (100F) and lower than 93C (200F) are subject to 49 CFR 173.241 (Bulk packaging for certain low hazard liquid and solid materials). [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 -. switch to drafting.ecfr.gov. If you have questions or comments regarding a published document please As a 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. (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. 1 CFR 1.1 Hazardous Materials Regulations. The can must be protected from damage during transport. (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. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. 5125, or 397.69 or 397.203 of this part; and. (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. The US transportation legislation that governs the transport of hazardous materials such as fuel in the Hazardous Materials Table found in Title 49 CFR 172.101. Group Y: Meets tests for Packing Groups (PG) II and III. (2) Telephone numbers which will access emergency assistance in each State to be entered. (ii) It is agreed to by the affected State or Indian tribe within 60 days of receipt of the notice sent pursuant to paragraph (b)(3)(i) of this section, or it is approved by the Administrator pursuant to 397.75. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. Compliance with Federal motor carrier safety regulations. 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. Organization and Purpose This document is available in the following developer friendly formats: Information and documentation can be found in our Use the navigation links in the gray bar above to view the table of contents that this content belongs to. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. 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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. 5.1.7 Fuel Systems (393 Subpart E) Fuel systems include the fuel tanks and lines that supply fuel to a motor vehicle's engine. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. (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. 16, 1998]. One or more States or Indian tribes may petition the Administrator to resolve a dispute relating to an agreement on a proposed NRHM routing designation. 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 . A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel (UN1202/NA1993) or Jet-A/Jet Fuel (UN1863) on public roadways per FEDERAL transportation requirements. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. citations and headings (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. (b) No more than one safety can shall be transported on a vehicle at any time. result, it may not include the most recent changes applied to the CFR. RENEWABLE FUEL STANDARD . Read this complete Code of Federal Regulations Title 49. (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. (x) Effects on commerce. (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. Please do not provide confidential 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. Motor carrier. As defined in 49 CFR 173.403, radioactive material means any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values of the table in 49 CFR 173.436 or values derived according to the instructions in 49 CFR 173.433. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. Storage materials you should avoid include tin, copper, lead, zinc and brass. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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.