DOT 406 tank is also suitable for the transport of No. This document provides a brief overview of basic requirements and is not a substitute for Federal Motor Carrier Safety Regulations (FMCSR) or Hazardous Materials Regulations (HMR) in Title 49 of the U.S. Code of Federal Regulations (49 CFR). (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. No. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. 5112, 5125. william.chernicoff@dot.gov. (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. 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. [36 FR 4876, Mar. (c) Safety cans that leak must be promptly removed from the mine. Please do not provide confidential user convenience only and is not intended to alter agency intent The distance to sensitive areas shall be considered. (b) Filing. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. Comments or questions about document content can not be answered by OFR staff. 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 . Administrator means the Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency of the United States Department of Transportation, or his/her designate. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes. (3) The applicant fails to provide the notice required by this subpart. (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. 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. here. The term through highway routing as used in this paragraph means that the routing designation must ensure continuity of movement so as to not impede or unnecessarily delay the transportation of NRHM. This is for Vermont only I dont know about other states. 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. Deviations from the most direct route shall be minimized. Each container must be marked and labeled. We protect people and the businesses they run.. (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. Requirements for State routing designations. (3) Contain a certification that the petitioner has complied with the notification requirements of paragraph (c) of this section, and include a list of the names and addresses of each State, political subdivision, or Indian tribe official who was notified of the filing of the petition. (5) Agreement of other States; burden on commerce. This content is from the eCFR and may include recent changes applied to the CFR. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. (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 eCFR is displayed with paragraphs split and indented to follow Displaying title 30, up to date as of 3/02/2023. Washington, DC 20590 United States. 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. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. (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. Federal Motor Carrier Safety Regulations. will bring you directly to the content. 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. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. U.S. DOT Federal Cargo Tank CT Number Search - Search engine to locate authorized CT registrants (xiii) Congestion and accident history. It is not an official legal edition of the CFR. (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. An Interstate System bypass or Interstate System beltway around a city, when available, shall be used in place of a preferred route through a city, unless a State routing agency has designated an alternative route. CDOT focuses on certain rules for mandatory rule review pursuant to SB14-063. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. (ii) Type of highway. 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. (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. (Or, to transport hazardous materials over state lines.) Background and more details are available in the 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. Group Y: Meets tests for Packing Groups (PG) II and III. All other safety cans must be stored in permanent underground diesel fuel storage facilities. (xi) Delays in transportation. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. Attendance and surveillance of motor vehicles. Your diesel fuel container color matters as well. 5103, 31136, 31502, and 49 CFR 1.97. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. The Secretary of Transportation. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. will bring you to those results. 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) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . As a site when drafting amendatory language for Federal regulations: 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. This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such 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. The TransCube is authorized for . 397.77 Judicial review of dispute decision. It is applicable in Great Britain and Northern Ireland . Transporters of fuel must comply with certain communication requirements set by the DOT. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. 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. 1200 New Jersey Avenue, S.E. The characteristics of each alternative NRHM highway routing designation shall be compared. In evaluating an application, the Administrator may consider any other source of information. 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. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. 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. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). [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. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. Highway routing designations; preemption. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. Motor Bus Transportation Act Administrative Rules. 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. During the hearing the parties may offer any information pertinent to the resolution of the dispute. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. 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. information or personal data. (a) A motor carrier that transports Division 1.1, 1.2, or 1.3 (explosive) materials must furnish the driver of each motor vehicle in which the explosives are transported with the following documents: (3) A document containing instructions on procedures to be followed in the event of accident or delay. Subpart A also issued under 49 U.S.C. Follow us on Facebook (opens a new window), Follow us on Twitter @JJKeller (opens a new window), Follow us on LinkedIn (opens a new window), Subscribe to our YouTube channel (opens a new window), Skip global navigation and go to main content, J. J. Keller Encompass Fleet Management System, 200-gallon Intermediate bulk container (IBC). Learn more about the eCFR, its status, and the editorial process. learn more about the process here. 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. Regulation Y is available with paragraph structure matching the official CFR Pressing enter in the search box (b) No more than one safety can shall be transported on a vehicle at any time. Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. 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. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. Senate Bill ( SB) 486, Section 6, Statutes of 2014, (changed California Government Code 14526) requires that Caltrans in consultation with the California Transportation Commission (CTC) prepare a robust asset management plan to guide the selection of projects in the State Highway Operation and Protection Program (SHOPP). (7) Reasonable routes to terminals and other facilities. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. 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. 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. In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. Identify the DOT agency you wish to contact. Only transfer fuel in well ventilated areas. All containers shall be properly labeled. 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 . (e) Hearings; alternative dispute resolution. (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. (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. 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. Comments or questions about document content can not be answered by OFR staff. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. UN 31A GROUP Y INTERMEDIATE BULK CONTAINER (IBC). In case of emergency, certain information must be kept with the shipping papers throughout shipment. Motor carrier responsibility for routing. (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. (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. (iv) Emergency response capabilities. 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). from some of the hazardous material transportation requirements when transporting diesel for will also bring you to search results. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. (vii) Terrain considerations. Washington, DC 20590855-368-4200. State Requirements. (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. AGRICULTURE USE. No changes found for this content after 1/03/2017. 397.1 Application of the rules in this part. 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. 2 Diesel Fuel and Jet-A/Jet Fuel BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the . When it comes to safe storage and transport, not all gasoline cans are equal. 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. 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. (b) Each application filed under this section for a determination must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Learn more about the eCFR, its status, and the editorial process. Policy. developer resources. 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. The petition must be filed within 20 days of service of the determination or order issued under the above sections. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . FAR). contact the publishing agency. Each truck driver has to have a non-commercial, valid driver's license. For purposes of this subpart, the following definitions apply: Administrator. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. 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. 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. Please read below for more detail. (c) Except as provided in this subpart, the Administrator will only consider an application for a waiver of preemption determination if: (1) The applicant expressly acknowledges in its application that the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought is preempted by the Act or the regulations thereunder; or. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. (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. (a) Public information. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. site when drafting amendatory language for Federal regulations: Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). If you work for a Federal agency, use this drafting 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. As a Load Securement. Previous Edition: Apr 2011. February 27, 2023 at 3:00 a.m. EST. 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.

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