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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. Washington, DC 20590 United States. You can learn more about the process You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. PDF fuel transportation regulations Any variation between the route plan and routes actually used, and the reason for it, shall be reported in an amendment to the route plan delivered to the shipper as soon as practicable but within 30 days following the deviation. Act 432 of 1982. Learn more about the eCFR, its status, and the editorial process. This content is from the eCFR and is authoritative but unofficial. 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. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994; 78 FR 58486, Sept. 24, 2013], (a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -. Choosing an item from 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. (c) A driver of a motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must be in possession of, be familiar with, and be in compliance with. 397.67 Motor carrier responsibility for routing. (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. Act means 49 U.S.C. (iii) That the current route has the same or less risk to the public than the deviation resulting from the proposed routing designation, then the routing designation shall not be allowed. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. (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. 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. of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . 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. Requirements for State routing designations. Load Securement. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. Why Is Diesel So Expensive: Does It Cost More Than Gasoline? Routing agency. (3) Consultation with others. 206.20 Transportation of motor fuel over public highways.. 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). will bring you directly to the content. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. For instance, never fill a gas can when it's in the trunk of a vehicle or in the back of a pickup because fuel vapors tend to gather at the lowest point of . First, its important to understand the differences between bulk and non-bulk packaging. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. 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. Diesel Fuel Container Regulations | Legal Beagle 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.. If you have questions for the Agency that issued the current document please contact the agency directly. This is for Vermont only. (a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation for hazardous materials may apply to the Administrator for a determination as to whether that highway routing designation is preempted under 49 U.S.C. PHMSA Regulations | PHMSA - Pipeline and Hazardous Materials Safety Read this complete Code of Federal Regulations Title 49. [57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 79 FR 59458, Oct. 2, 2014; 81 FR 68359, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. Vehicles transporting fuel shall be equipped with at least one 10 pound fire extinguisher, either BC or ABC dry chemical, and mounted to be easily accessible. 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. Electronic Code of Federal Regulations (e-CFR), CHAPTER I - MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR, SUBCHAPTER O - COAL MINE SAFETY AND HEALTH, PART 75 - MANDATORY SAFETY STANDARDS - UNDERGROUND COAL MINES. (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. Commerce. Utah Code for Motor Carriers. We recommend you directly contact the agency responsible for the content in question. (6) Timeliness. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. 49 U.S.C. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. eCFR :: 49 CFR Part 173 Subpart G -- Gases; Preparation and Packaging (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. 49 CFR 173.32 - Requirements for the use of portable tanks. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. (b) Filing. [/box] [box . A1. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Current Publication Date: Oct 2019. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. 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. (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the Hazardous Materials Table found in 49 CFR 172.101. If that is the case, what you have are bulk packagings of a hazardous . (1) Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction: (i) Electronically, by email to HMRouting@dot.gov; or. The container carrying the fuel must be constructed so that the fuel will not leak or spill. If you have questions or comments regarding a published document please Fuel Regulations - Transfer Flow, Inc. - Aftermarket Fuel Tank Systems (a) If the applicant is other than a State, political subdivision thereof, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision thereof, or Indian tribe concerned, accompanied by a statement that comments may be submitted regarding the application to the Administrator within 45 days. 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 . 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. Group Y: Meets tests for Packing Groups (PG) II and III. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. 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. By promoting the use of electric vehicles, hydrogen fuel cell vehicles, public transportation powered by renewable energy, and other green transportation options, we can work towards mitigating climate change, improving air quality, reducing our dependence on fossil fuels, promoting economic development, and improving equity.Chapter 26: The . SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. 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. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (d) The Administrator's decision under this section constitutes the final agency decision. 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. full text search results Fuel tank trailer regulations - learn the key specs & operation Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. (f) A person may transport irradiated reactor fuel only in compliance with a plan if required under 49 CFR 173.22(c) that will ensure the physical security of the material. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. Employers are responsible to see that hazmat employees are trained adequately. 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. US DOT Requirements for the Shipment of Empty HazMat Packagings [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (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. What You Need to Know About Transporting Diesel (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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 . Routing designations. (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. Routing of Non-Radioactive Hazardous Materials. 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. (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. (b) The Federal standards are as follows: (1) Enhancement of public safety. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. 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). Vehicle weight and size limits, underpass and bridge clearances, roadway geometrics, number of lanes, degree of access control, and median and shoulder structures are examples of characteristics which a State or Indian tribe shall consider. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. (b) No more than one safety can shall be transported on a vehicle at any time. (2) States and Indian tribes shall also submit to FMCSA the current name of the State or Indian tribal agency responsible for NHRM highway routing designations. (iv) Emergency response capabilities. 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 .