The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. SE, Washington, DC 20590-0001. Subpart C - Routing of Non-Radioactive Hazardous Materials. We recommend you directly contact the agency responsible for the content in question. 397.2 Compliance with Federal motor carrier safety regulations. Federal Motor Carrier Safety Regulations. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . 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. When transporting diesel fuel, many often wonder if placarding is required. Stay current on the critical safety and compliance news that impacts your business. U.S. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 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). (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. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. 1/1.1 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart. The public shall be given 30 days prior notice of the public hearing which shall be conducted as described in paragraph (b)(2)(ii) of this section. (g) Record. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. DOT Requirements The Department of Transportation's (DOT) requirements for diesel fuel tanks fall under three parts: Part 393.67, Part 571.301 and Part 393.65. Chapter 119 Public Records. Only transfer fuel in well ventilated areas. (iii) Procedures to be followed in case of an accident or other emergency. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. householders) are not subject to DOT regulations. Read this complete Code of Federal Regulations Title 49. NWCG Standards for Transporting Fuel, PMS 442. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. (xii) Climatic conditions. In addition, the State or Indian tribe shall make a finding, supported by a risk analysis conducted in accordance with paragraph (b)(1) of this section, that the routing designation enhances public safety. Those not in commerce (e.g. (3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, 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. The eCFR is displayed with paragraphs split and indented to follow NWCG Standards for Transporting Fuel. 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. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. 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. (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. (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. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the Hazardous Materials Table found in 49 CFR 172.101. A separate drafting site Enter your email address below and click Sign up. result, it may not include the most recent changes applied to the CFR. (d) The Administrator's decision under this section constitutes the final agency decision. Each container must be marked and labeled. Propane transportation limits change depending on the type of vehicle you . Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. PHMSA Regulations. (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. Special populations such as schools, hospitals, prisons, and senior citizen homes shall, among other things, be considered when determining the potential risk to the populations along a highway routing. Each of these two fire extinguishers shall be a portable twenty-pound multipurpose dry-chemical type fire extinguisher maintained in accordance with MSHA regulations. Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. (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. DOT 406 tank is also suitable for the transport of No. the hierarchy of the document. Consideration shall be given to the amount of time during which an area will experience a heavy population density. (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. Comments or questions about document content can not be answered by OFR staff. The can must be protected from damage during transport. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. (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. 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. Federal Gasoline Regulations. Use DOT-approved gas cans for safe fuel transport and storage. (a) Petition. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. A copy of each decision will be placed on file in the public docket. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (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. (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. 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. The DOT and the NRC shipping rules are outlined in Title 49 of the Code of Federal Regulations, parts 100 to 177 (PDF) (54,58 K). (e) Hearings; alternative dispute resolution. In case of emergency, certain information must be kept with the shipping papers throughout shipment. Enhanced content is provided to the user to provide additional context. Comments or questions about document content can not be answered by OFR staff. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. 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. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. Let's go over the standard DOT requirements for all CDL truck drivers. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. (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. (3) The route 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . (1) Every person hauling, transporting, or conveying motor fuel over any of the public highways of this state must, during the entire time he or she is so engaged, have in his or her possession an invoice or delivery ticket, bill of sale, or other record evidence showing the true . 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. Secure .gov websites use HTTPS Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. 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. (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. Public information and reporting requirements. formatting. SDTruckInfo.com is a collaborative effort between the SD Department of Revenue, SD Department of Transportation and SD Department of Public Safety to provide a central location for South Dakota trucking information, including Commercial Driver Licensing (CDL), special load permits, emergency notices for the trucking industry, legal weights and sizes for loads, and rules and regulations for . 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. Employers are responsible to see that hazmat employees are trained adequately. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. (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. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 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. here. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. (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. (8) Responsibility for local compliance. (c) Safety cans that leak must be promptly removed from the mine. from some of the hazardous material transportation requirements when transporting diesel for 36 FR 4876, Mar. As a [79 FR 59457, Oct. 2, 2014, as amended at 81 FR 68358, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. (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. [36 FR 4876, Mar. This document is available in the following developer friendly formats: Information and documentation can be found in our A copy of each determination is placed on file in the public docket. (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. information or personal data. 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. DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. 397.73 Public information and reporting requirements. First, its important to understand the differences between bulk and non-bulk packaging. 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. (ix) Alternative routes. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. Displaying title 49, up to date as of 3/02/2023. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. A carrier's safety rating can also be affected. developer resources. (2) A qualified representative of a motor carrier is a person who -. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. 5103, 31136, 31502, and 49 CFR 1.97. ( c) Safety cans that leak must be promptly removed from the mine. It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. No. 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. (v) A statement by the person providing the training that information on the certificate is accurate. (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. Choosing an item from (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. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. 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. Compliance with Federal motor carrier safety regulations. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. This bulletin includes guidance on how to comply with Canada's regulations for transporting oil, fuels, and oil or fuel by-products such as waste oil. We recommend you directly contact the agency responsible for the content in question. SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. (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. 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. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. is available with paragraph structure matching the official CFR (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. But, confusion arises for diesel in first determining if it is . 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. (d) Before a motor carrier requires or permits a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3, as defined in 49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or its agent shall prepare a written route plan that complies with this section and shall furnish a copy to the driver. will bring you directly to the content. Group Y: Meets tests for Packing Groups (PG) II and III. 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. . (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (2) States and Indian tribes shall also submit to FMCSA the current name of the State or Indian tribal agency responsible for NHRM highway routing designations. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. 5112, 5125. Fuel systems for commercial vehicles and auxiliary equipment are subject to location, installation, and other requirements that ensure drivers and other road users stay safe. The container carrying the fuel must be constructed so that the fuel will not leak or spill. (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. is available with paragraph structure matching the official CFR 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. 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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. guide. The age of each truck driver has to exceed 18. (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. (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. (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. 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 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. 397.67 Motor carrier responsibility for routing. 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. If the risk analysis shows -. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials.
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