(ii) Does not exceed the shortest-distance pickup or delivery route by more than 25 miles and does not exceed 5 times the length of the shortest-distance pickup or delivery route. (i) FMCSA will consolidate information on the NRHM routing designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as updates in the Federal Register. The container carrying the fuel must be constructed so that the fuel will not leak or spill. A fuel tank meeting the requirements of 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of the motor vehicle or its auxiliary equipment is not subject to the HMR with respect to its use on the vehicle. Please do not provide confidential 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 Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. Vehicular Transportation of Liquefied Petroleum Gas. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall provide notice to, and consult with, officials of affected political subdivisions, States and Indian tribes, and any other affected parties. Basic Gas Can Safety . This web site is designed for the current versions of 450b. (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. (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. (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. Employers are responsible to see that hazmat employees are trained adequately. Q. Compliance with Federal motor carrier safety regulations. (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. Washington, DC 20590855-368-4200. This content is from the eCFR and may include recent changes applied to the CFR. 206.20 Transportation of motor fuel over public highways.. NWCG Standards for Transporting Fuel, PMS 442. Any State or Indian tribe adversely affected by the Administrator's decision under 397.75 of this subpart may seek review by the appropriate district court of the United States under such proceeding only by filing a petition with such court within 90 days after such decision becomes final. learn more about the process here. Subpart D - Routing of Class 7 (Radioactive) Materials. Each truck driver has to have a non-commercial, valid driver's license. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. 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. 1 CFR 1.1 The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Choosing an item from 397.213 Waiver of preemption application. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. The in-page Table of Contents is available only when multiple sections are being viewed. (v) Results of consultation with affected persons. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. (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. householders) are not subject to DOT regulations. 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 . All other safety cans must be stored in permanent underground diesel fuel storage facilities. (b) Except as otherwise permitted in this paragraph and in paragraph (f) of this section, a carrier or any person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall operate the motor vehicle only over preferred routes. (2) A 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 49 U.S.C. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. 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. (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. DOT Regulations for Mobile Fuel Containers. If the routing designation being disputed results in alternative routing, then a comparative risk analysis for the designated route and the resulting alternative routing shall be provided. A copy of each order is placed on file in the public docket. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. Identify the DOT agency you wish to contact. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. It is not an official legal edition of the CFR. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (i) Has been designated by the carrier to attend the vehicle; (ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends; (iii) Has been instructed in the procedures he/she must follow in emergencies; and. (d) The Administrator serves a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Administrator as one who may be affected by the order. Only transfer fuel in well ventilated areas. DOT 406 tank is also suitable for the transport of No. (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. We recommend you directly contact the agency responsible for the content in question. For purposes of this subpart, the following definitions apply: Administrator. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. guide. Attendance and surveillance of motor vehicles. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. contact the publishing agency. Share sensitive information only on official, secure websites. (6) Timeliness. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. "Published Edition". Deviations from the most direct route shall be minimized. 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. 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. 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. Regulations. Making the complex understandable, Erika Becklin has written on parenting, education, small business, manufacturing, food service, and travel as a small-business owner and manager since 1996. (xi) Delays in transportation. Diesel is assigned to Transport Category 3 in ADR, which permits carriage of up to 1,000 litres in UN-approved packages per transport unit (a motor vehicle with or without an attached trailer . (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. All other safety cans must be stored in permanent underground diesel fuel storage facilities. (c) Safety cans that leak must be promptly removed from the mine. It is applicable in Great Britain and Northern Ireland . We recommend you directly contact the agency responsible for the content in question. Utah Code for Motor Carriers. Transporters of fuel must comply with certain communication requirements set by the DOT. (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. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . Motor vehicle. (i) That the current routing presents at least 50 percent more risk to the public than the deviation under the proposed routing designation, then the proposed routing designation may go into effect. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. 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. Comments or questions about document content can not be answered by OFR staff. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. (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. (c) A State or Tribally-designated route is effective only after it 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. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. Propane transportation limits change depending on the type of vehicle you . (a) The State routing agency, as defined in 397.201(c), shall select routes to minimize radiological risk using Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials, or an equivalent routing analysis which adequately considers overall risk to the public. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. 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. The Pipeline and Hazardous Materials Safety Administration (PHMSA . 397.5 Attendance and surveillance of motor vehicles. 5101 et seq. (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. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. 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. 397.2 Compliance with Federal motor carrier safety regulations. (b) No more than one safety can shall be transported on a vehicle at any time. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. Choosing an item from 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. Use of fuel cells to power automobiles and generate electricity for homes and businesses Effects on public safety and health. (e) Hearings; alternative dispute resolution. PART 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES. (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view. The Administrator may waive preemption with respect to such requirement upon a determination that such requirement -, (1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or regulations issued under the Act, and. (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. "Published Edition". 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 protect people and the businesses they run.. (d) When the Administrator has received all substantive information necessary to process an application for a waiver of preemption determination, notice of that fact will be served upon the applicant. 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. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. The Secretary of Transportation. (2) Telephone numbers which will access emergency assistance in each State to be entered. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. (5) Agreement of other States; burden on commerce. Florida Statutes. 1200 New Jersey Avenue, S.E. (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. The Arizona Department of Transportation in cooperation with state representatives, industry, the Department of Public Safety and local law enforcement personnel work in collaboration to update and amend oversize and overweight special permit rules containing special permit requirements, restrictions and allowances for transporting oversize and overweight vehicles and loads on highways under . State and local laws, ordinances, and regulations. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. or existing codification. 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). Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. will bring you to those results. Act 279 of 1909, The Home Rule City Act. Choosing an item from Did you know DOT oversees the Nation's time zones? 397.219 Waiver determination and order. (2) he or she requests additional information from the applicant and it is not submitted. (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. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. Further, a safety can by definition is a container with a capacity of 5 gallons or less and equipped with a spring-closing lid and spout cover, a means to . An official website of the United States government Here's how you know. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Pressing enter in the search box Indian tribe. (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. the hierarchy of the document. 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. result, it may not include the most recent changes applied to the CFR. (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. 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. will also bring you to search results.
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