397.73 Public information and reporting requirements. (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. 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. site when drafting amendatory language for Federal regulations: 397.103 Requirements for State routing designations. The limits and applicability have evolved as follows: October 1993 Sulfur limited to a maximum of 500 ppm and aromatics to 10 percent or equivalent. Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. State and local laws, ordinances, and regulations. Regulations. 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. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. 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. 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. 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. If you work for a Federal agency, use this drafting 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. (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. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; 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. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. (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. This content is from the eCFR and is authoritative but unofficial. is available with paragraph structure matching the official CFR We help ensure safe, respectful workplaces, job sites and highways. Motor carrier responsibility for routing. (5) Agreement of other States; burden on commerce. 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. (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. Upon receipt of a petition filed pursuant to paragraph (a) of this section, the Administrator may schedule a hearing to attempt to resolve the dispute and, if a hearing is scheduled, will notify all parties to the dispute of the date, time, and place of the hearing. All other safety cans must be stored in permanent underground diesel fuel storage facilities. This will link you to the U.S. Department of Transportation's Hazardous Materials Safety website. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Group Y: Meets tests for Packing Groups (PG) II and III. ( c) Safety cans that leak must be promptly removed from the mine. NWCG Standards for Transporting Fuel. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. Any questions please call us at 1-800-773-3047. 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. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (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. Vehicular Transportation of Liquefied Petroleum Gas. 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 details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Email: Transportation.RegulatoryInfo@dot.gov Phone: 202-366-4702 Business Hours: 9:00am-5:00pm ET, M-F. Oil Spill Prevention and Response Plan. switch to drafting.ecfr.gov. 1200 New Jersey Avenue, S.E. (3) Consultation with others. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. The official, published CFR, is updated annually and available below under 49 CFR 172.101 SE, Washington, DC 20590-0001. This content is from the eCFR and may include recent changes applied to the CFR. developer resources. (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (x) Effects on commerce. (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. Employees must complete refresher hazmat training every three years or whenever there is a change in job function. (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. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). When transporting diesel fuel, many often wonder if placarding is required. A copy of each decision will be placed on file in the public docket. Learn more about our story. If the risk analysis shows -. An official website of the United States government Here's how you know. (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. This table specifies that the transport of Gas (UN1203), including AV Gas/100LL, and other fuels with flashpoints less than 38C (100F) in bulk containers are subject to 49 CFR 173.242 (Bulk packaging for certain medium hazard liquids and solids, including solids with dual hazards). HazMat General Information_FINAL_508c.pdf (1.08 MB) 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). Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. citations and headings Variation for security purposes from the requirements of this section is permitted so far as necessary to meet the requirements imposed under such a plan, or otherwise imposed by the U.S. Nuclear Regulatory Commission in 10 CFR part 73. (9) Factors to consider. (b) No more than one safety can shall be transported on a vehicle at any time. (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. (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. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 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. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. Search & Navigation (b) The Administrator may dismiss the application without prejudice if: (1) he or she determines that there is insufficient information upon which to base a determination; or. (v) Results of consultation with affected persons. The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. Confusion arises for diesel in first determining if it is regulated or not, Suggested site content and search history menu, J. J. Keller protects people and the businesses they run.. In fact, a driver's age must exceed 21 to operate across state lines. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Federal Motor Carrier Safety Regulations. full text search results Load Securement. Navigate by entering citations or phrases (7) Reasonable routes to terminals and other facilities. You can learn more about the process The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. Washington, DC 20590 United States. (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. Phone: 202-366-4702 ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . (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 person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. 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 . In determining whether the requirement of the State, political subdivision thereof, or Indian tribe unreasonably burdens commerce, the Administrator may consider the following factors: (1) The extent to which increased costs and impairment of efficiency result from the highway routing designation of the State, political subdivision thereof, or Indian tribe; (2) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe has a rational basis; (3) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe achieves its stated purpose; and. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. Routing designations. DOT Links: U.S. A DOT 406 specification tank meets the federal requirements for the transport of Gasoline and AvGas over public roadways per Title 49 (Transportation) for transport in bulk containers. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. 1200 New Jersey Avenue, SE Chapter 287 Procurement of Personal Property and ServicesPart I. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. Enter your email address below and click Sign up. The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. 5112, 5125. Home / Publications / NWCG Standards for Transporting Fuel. Q. The present paper seeks to clarify and assess the obligations of governments to . The in-page Table of Contents is available only when multiple sections are being viewed. (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. (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. Department of Transportation (DOT) regulations assign the responsibility to the shipper (e.g., hospital) for properly packaging hazardous materials that are being transported offsite (see shipper's responsibility in 49 CFR 173.22 ). A copy of each determination is placed on file in the public docket. You can Choosing an item from 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. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. This is for Vermont only I dont know about other states. (c) Each 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 and certify to the Administrator that he or she has complied with this requirement. You are using an unsupported browser. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. Search & Navigation Utah Code for Motor Carriers. When it comes to safe storage and transport, not all gasoline cans are equal. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. The route plan shall contain: (1) A statement of the origin and destination points, a route selected in compliance with this section, all planned stops, and estimated departure and arrival times; and. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. The Administrator may publish the decision or notice of the decision in the Federal Register. 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 trade, traffic, or transportation in the United States which: (1) Is between a place under the jurisdiction of a State or Indian tribe and any place outside of such jurisdiction; or. (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. (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. 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. The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. Steward: . (c) A State-designated route is effective when -. (f) Decision. Washington, DC 20590 According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. Notice for both the comment period and the public hearing, if one is held, shall be given by publication in at least two newspapers of general circulation in the affected area or areas and shall contain a complete description of the proposed routing designation, together with the date, time, and location of any public hearings. As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. 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. (2) A qualified representative of a motor carrier is a person who -. (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. The age of each truck driver has to exceed 18. Learn more about the eCFR, its status, and the editorial process. Share sensitive information only on official, secure websites. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. (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. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. Vehicle with refueling tank installed must be turned off when transferring fuel. The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. information or personal data. We protect people and the businesses they run.. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. 5125, or 397.69 or 397.203 of this part; and. Pressing enter in the search box Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. Fuel tanker regulations require that anyone who applies for a new permit for the use of these tankers or seeks renewal of an already existing permit should sign a declaration confirming that the vehicle is fit for the safe transport of fuel as specified in the permit.. (3) The applicant fails to provide the notice required by this subpart. Transporting Fuel: The Federal Motor Carrier Safety Administration (FMSCA) under the Department of Transportation regulates the transportation of hazardous materials, including fuel, on the nation's highways. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. (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. An official website of the United States government Here's how you know. - Mine Safety and Health Administration, Department of Labor, - Mandatory Safety Standards - Underground Coal Mines, https://www.ecfr.gov/current/title-30/chapter-I/subchapter-O/part-75/subpart-T/section-75.1906. Portable five (5) gallon cans transported on any . All other safety cans must be stored in permanent underground diesel fuel storage facilities. 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. (1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible; (2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or. 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. 1 CFR 1.1 An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . (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. (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. 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. (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. 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. (3) The written route plan specified in 397.67. The can must be protected from damage during transport. (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. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density.