Learn more about the eCFR, its status, and the editorial process. Sign up to receive Transportation SafetyClicks. 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. (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. A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he/she is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with 177.823 of this title. will also bring you to search results. (a) Petition. 450b. You can learn more about the process Act 432 of 1982. Requirements for State routing designations. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. Load Securement. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. Details. contact the publishing agency. The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. citations and headings Secretary. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. (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. 13, 1971, unless otherwise noted. A carrier's safety rating can also be affected. This is an automated process for Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. Act 387 of 2012, Regional Transit Authority Act. "Published Edition". The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. (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. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. 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. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. Only transfer fuel in well ventilated areas. (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. The Administrator may publish the decision or notice of the decision in the Federal Register. This is an automated process for (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. 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. At any time during this period or following review of the comments received, the State or Indian tribe shall decide whether to hold a public hearing on the proposed NRHM route designation. Motor Fuel Transporters. (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. Information on NRHM routing designations must be made available by the States and Indian tribes to the public in the form of maps, lists, road signs or some combination thereof. The 8 gallon thing is close but it is actually a maximum of 8 gal containers. (eg: A copy of each order is placed on file in the public docket. (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. The petition must be filed within 20 days of service of the determination or order issued under the above sections. (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. 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. ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . The Administrator may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. (eg: (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. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. Current Publication Date: Oct 2019. (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. Employers are responsible to see that hazmat employees are trained adequately. Routing of Class 7 (Radioactive) Materials. 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. (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. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. We protect people and the businesses they run.. 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. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. 36 FR 4876, Mar. 3 comments UTC - AAM - ASTM 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. 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. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. DOT Regulations for Mobile Fuel Containers. Enter your email address below and click Sign up. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58485, Sept. 24, 2013; 87 FR 59037, Sept. 29, 2022]. Subparts C, D, and E also issued under 49 U.S.C. 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. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. Commerce. (2) By serving notice on any other State, political subdivision, or Indian tribe determined by the Administrator to be possibly affected by the issues in dispute or the resolution sought, or by publication in the Federal Register, the Administrator may afford those persons an opportunity to file written comments on the petition. 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. If that is the case, what you have are bulk packagings of a hazardous . 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. Subpart A also issued under 49 U.S.C. (Or, to transport hazardous materials over state lines.) (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. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. (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. Organization and Purpose Group Y: Meets tests for Packing Groups (PG) II and III. (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. The in-page Table of Contents is available only when multiple sections are being viewed. (c) Safety cans that leak must be promptly removed from the mine. (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. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. (4) Through routing. Regulations. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. (iii) Facilities for food, fuel, repairs, rest, and safe havens. (c) A highway routing designation established by a State, political subdivision, or Indian tribe before November 14, 1994 is subject to preemption in accordance with the preemption standards in paragraphs (a)(1) and (a)(2) of 397.203. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Identify the DOT agency you wish to contact. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal 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. Utah Administrative Rules for Motor Carriers. Enhanced content is provided to the user to provide additional context. (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. ( Texas Tax Code (TTC) 162.001) Exception: SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. formatting. All other safety cans must be stored in permanent underground diesel fuel storage facilities. (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. 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. The State shall make available to the public, upon payment of prescribed costs, copies of the transcript of the hearing, which shall include all exhibits and documents presented during the hearing or submitted for the record. 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. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . (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. 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. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. Background and more details are available in the user convenience only and is not intended to alter agency intent 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 Administrator may publish the order or notice of the order in the Federal Register. (8) Responsibility for local compliance. In case of emergency, certain information must be kept with the shipping papers throughout shipment. (b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. Receive email updates about the latest in Safety, Innovation, and Infrastructure. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. (b) Filing. State and local laws, ordinances, and regulations. (1) On or within 5 feet of the traveled portion of a public street or highway; (2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or. If you have questions or comments regarding a published document please contact the publishing agency. (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 . 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. 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. 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. Federal Motor Carrier Safety Regulations. If road signs are used, those signs and their placements must comply with the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration (FHWA), particularly the Hazardous Cargo signs identified as R14-2 and R14-3 shown in Section 2B-62 of that Manual. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. We help ensure safe, respectful workplaces, job sites and highways. The Administrator may publish the determination or notice of the determination in the Federal Register. The container carrying the fuel must be constructed so that . No NRHM routing designations may create unnecessary delays in the transportation of NRHM. 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. But, confusion arises for diesel in first determining if it is . Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. cans in your truck but not a 9 gal gas can. As a will bring you to those results. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). 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. Highway routing designations; preemption. When it comes to safe storage and transport, not all gasoline cans are equal. 1 CFR 1.1 The Agency also regulates operations at ethanol production facilities under air, water, and storage permitting programs, as well as spill prevention, risk management, and facility response programs. 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. switch to drafting.ecfr.gov. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994; 78 FR 58486, Sept. 24, 2013], (a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -. william.chernicoff@dot.gov. The State or Indian tribe shall utilize the procedures established in paragraphs (b)(2) and (b)(3) of this section in meeting these requirements. DOT 406 tank is also suitable for the transport of No. Your diesel fuel container color matters as well. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . Section 112.061 Per diem and Travel Expenses of Public Officers, Employees, and Authorized Persons; Statewide travel management system. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. (2) The motor carrier or the person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall select routes to reduce time in transit over the preferred route segment of the trip. 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. 322; 49 CFR 1.87. To be notified of upcoming rulemaking hearings or for questions or comments about the rule review schedule or a particular rule, please email DOT_Rules@state.co.us. Learn more about the eCFR, its status, and the editorial process. (c) Safety cans that leak must be promptly removed from the mine. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. 397.219 Waiver determination and order. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. (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. You can (b) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways.