(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. the hierarchy of the document. 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. (3) Consultation with others. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . Q1. (7) Reasonable routes to terminals and other facilities. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 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. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. This document is available in the following developer friendly formats: Information and documentation can be found in our This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. 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. Displaying title 49, up to date as of 3/02/2023. 397.67 Motor carrier responsibility for routing. cans in your truck but not a 9 gal gas can. Act 432 of 1982. A1. full text search results (a) Establishment of the transportation fuel monitoring and enforcement unit. (1) I N GENERAL.The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the "Unit"). (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. 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. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. 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. A municipality, public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. 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. (j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of 75.1003-2 must be followed. Hazardous Materials Regulations. (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. [1] This document may be obtained from Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 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. 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. If no agreement is reached, the Administrator may take the matter under consideration and announce his or her decision in accordance with paragraph (f) of this section. (a) Except as provided in paragraph (b) of this section, a motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. A copy of each order is placed on file in the public docket. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. from some of the hazardous material transportation requirements when transporting diesel for or less - $300,000. Comments or questions about document content can not be answered by OFR staff. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . A. or existing codification. View Navigation. We protect people and the businesses they run.. The official, published CFR, is updated annually and available below under Section 216.347 Disbursement of Grants and Aids Appropriations for Lobbying Prohibited. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. The container carrying the fuel must be constructed so that . What skills will I need to do this job? SE, Washington, DC 20590-0001. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. A State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa or Guam. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. 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). The E-Cube Mobile is authorized for the . 5125(c). It is not an official legal edition of the CFR. (vii) Terrain considerations. (3) A reasonable deviation is required by emergency conditions, such as a detour that has been established by a highway authority, or a situation exists where a law enforcement official requires the driver to take an alternative route. 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. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. 1200 New Jersey Avenue, SE 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. Those not in commerce (e.g. (ix) Alternative routes. If you have questions or comments regarding a published document please (b) Filing. [36 FR 4876, Mar. (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. 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. (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. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. Chapter 119 Public Records. Search & Navigation If that is the case, what you have are bulk packagings of a hazardous . Official websites use .govA .gov website belongs to an official government organization in the United States. Scope This bulletin is intended for authorized representatives, owners and operators, masters and crew of oil tankers and vessels carrying oil and fuels in tanks on deck (including cargo barges . You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (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. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. 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. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. 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. A separate drafting site 2 . 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. (b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. (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. developer resources. 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. 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. (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. (2) Receipt thereof is acknowledged in writing by the FMCSA. site when drafting amendatory language for Federal regulations: (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. 49 U.S.C. (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. (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. If no response is received within 60 days from the day of receipt of the notification of the proposed routing designation, the routing designation shall be considered approved by the affected State or Indian tribe. Group Y: Meets tests for Packing Groups (PG) II and III. The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). 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. An official website of the United States government Here's how you know. The employer must also have, and train employees on, an established security plan that details procedures for recognizing, preventing and stopping security threats toward the fuel shipment. Requirements for State routing designations. The fact that a determination has not been issued under this section with respect to a particular highway routing designation of a State, political subdivision thereof, or Indian tribe carries no implication as to whether the requirement is preempted under the Act or regulations issued thereunder. (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 . Portable five (5) gallon cans transported on any . Motor Fuel Transporters. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 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. DOT Federal Cargo Tank CT Number Search - Search engine to locate authorized CT registrants 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. (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. 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. Florida Statutes. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. This contact form is only for website help or website suggestions. switch to drafting.ecfr.gov. Sign up to receive Transportation SafetyClicks. 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). (e) Hearings; alternative dispute resolution. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. Home / Publications / NWCG Standards for Transporting Fuel. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. DOT 406 tank is also suitable for the transport of No. 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. Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada . Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). The impact zone is the potential range of effects in the event of a release. (iii) Procedures to be followed in case of an accident or other emergency. Pressing enter in the search box This content is from the eCFR and is authoritative but unofficial. site when drafting amendatory language for Federal regulations: 5101 et seq., formerly known as the Hazardous Materials Transportation Act. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. You can learn more about the process (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346.