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. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. 1/1.1 All other safety cans must be stored in permanent underground diesel fuel storage facilities. NWCG Standards for Transporting Fuel, PMS 442. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. (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. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. (a) Any 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 the Act, 397.203 of this subpart, or a court of competent jurisdiction. A copy of each order is placed on file in the public docket. Federal Gasoline Regulations. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. 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. (c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with 397.223. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. An official website of the United States government Here's how you know. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. If you have questions for the Agency that issued the current document please contact the agency directly. Sensitive areas include, but are not limited to, homes and commercial buildings; special populations in hospitals, schools, handicapped facilities, prisons and stadiums; water sources such as streams and lakes; and natural areas such as parks, wetlands, and wildlife reserves. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. here. Do not transfer fuel near any heat source or open flame. 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. The Secretary of Transportation. 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). user convenience only and is not intended to alter agency intent New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. Please do not provide confidential This document is available in the following developer friendly formats: Information and documentation can be found in our 397.77 Judicial review of dispute decision. (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. It is not an official legal edition of the CFR. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. (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. This contact form is only for website help or website suggestions. DOT Links: U.S. "Published Edition". This document is available in the following developer friendly formats: Information and documentation can be found in our 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 . 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 ). The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). The container carrying the fuel must be constructed so that . . Utah Administrative Rules for Motor Carriers. 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. (eg: 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. 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. Contact Us. The Administrator shall publish notice of the application in the Federal Register. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. 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. (2) No person may fill and offer for transportation a portable . Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. If an agreement is reached, it may be stipulated by the parties, in writing, and, if the Administrator agrees, made part of the decision in paragraph (f) of this section. If you work for a Federal agency, use this drafting 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. (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. is available with paragraph structure matching the official CFR (b) Reporting and publishing requirements. (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. Let's go over the standard DOT requirements for all CDL truck drivers. (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. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. (ii) Type of highway. (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. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. No changes found for this content after 1/03/2017. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. 5112, 5125. Office of the General Counsel. 1/1.1 (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. 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. Policy. 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. Displaying title 30, up to date as of 3/02/2023. Load Securement. RENEWABLE FUEL STANDARD . In addition, the State or Indian tribe shall make a finding, supported by a risk analysis conducted in accordance with paragraph (b)(1) of this section, that the routing designation enhances public safety. Use DOT-approved gas cans for safe fuel transport and storage. (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. Therefore, when diesel is transported in non-bulk packaging, a placard is not required.However, when diesel is transported in bulk packaging, it is regulated and does require placarding. Choosing an item from (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. Any vehicle or equipment of which fuel is being transferred to must be turned off. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. information or personal data. 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. [59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012], (a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances -. State Requirements. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Every motor vehicle containing hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint. (1) Every person hauling, transporting, or conveying motor fuel over any of the public highways of this state must, during the entire time he or she is so engaged, have in his or her possession an invoice or delivery ticket, bill of sale, or other record evidence showing the true . will also bring you to search results. 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. 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. (Or, to transport hazardous materials over state lines.) [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. You can learn more about the process [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. formatting. Motor vehicle. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. 322; 49 CFR 1.87. (c) Safety cans that leak must be promptly removed from the mine. Group Y: Meets tests for Packing Groups (PG) II and III. More severe violations will involve fees. A copy of each decision will be placed on file in the public docket. 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 . (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. Current Publication Date: Oct 2019. Secure .gov websites use HTTPS The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. (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. (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. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. (e) Hearings; alternative dispute resolution. (d) Court actions. 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. 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. (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. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. (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 flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). The Administrator may publish the determination or notice of the determination in the Federal Register. will bring you directly to the content. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. This content is from the eCFR and is authoritative but unofficial. (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. - 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. The Administrator may publish the decision or notice of the decision in the Federal Register. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and. Looking at international documents, in particular the Joint Conventional Fuel Safety Management Convention, which is designed to protect individuals and the environment from damage caused by it. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Trump's administration rolled back several regulations on the . (3) Consultation with others. U.S. 5125, or 397.69 or 397.203 of this part; and. (eg: 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. During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. Comments or questions about document content can not be answered by OFR staff. Lithium batteries are regulated as a hazardous material under the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations (HMR; 49 C.F.R., Parts 171-180). This content is from the eCFR and may include recent changes applied to the CFR. 2 . Oil Spill Prevention and Response Plan. Title 30 was last amended 2/15/2023. (iii) Procedures to be followed in case of an accident or other emergency. DOUBLE-WALL CONSTRUCTION: A double-wall tank is not required per FEDERAL transportation requirements for the transport of diesel or gasoline in bulk containers, but MAY be required by local or other jurisdictional regulations. (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"). 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. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. 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. 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. 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. user convenience only and is not intended to alter agency intent (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. 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. The impact zone is the potential range of effects in the event of a release. (ii) The DOT Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials, DOT/RSPA/OHMT-89-02, July 1989[1] or its most current version; or an equivalent routing analysis which adequately considers overall risk to the public. 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.

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