will bring you to those results. (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. The official, published CFR, is updated annually and available below under A copy of each order is placed on file in the public docket. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (c) Safety cans that leak must be promptly removed from the mine. 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. (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. 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. (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. (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. (2) The driver has in his or her immediate possession a certificate of training as evidence of training required by this section, and a copy is placed in his or her qualification file (see 391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (iii) The name and address of the person providing the training; (iv) That the driver has been trained in the hazards and characteristics of highway route controlled quantity of Class 7 (radioactive) materials; and. FMCSA. 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.. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. No. Fuel Regulations - Transfer Flow, Inc. - Aftermarket Fuel Tank Systems Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (7) Reasonable routes to terminals and other facilities. eCFR :: 49 CFR Part 173 Subpart G -- Gases; Preparation and Packaging Displaying title 30, up to date as of 3/02/2023. DOT 406 tank is also suitable for the transport of No. 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. (2) Telephone numbers which will access emergency assistance in each State to be entered. CDOT focuses on certain rules for mandatory rule review pursuant to SB14-063. Background and more details are available in the A separate drafting site This is for Vermont only I dont know about other states. If you work for a Federal agency, use this drafting 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. citations and headings You can (3) Any affected State, political subdivision, or Indian tribe submitting written comments to the Administrator with respect to a petition filed under this section shall send a copy of the comments to the petitioner and certify to the Administrator as to having complied with this requirement. 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. Pressing enter in the search box 30 CFR 75.1906 - Transport of diesel fuel. | Electronic Code of It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . Let's go over the standard DOT requirements for all CDL truck drivers. 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 . According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. Utah Code for Motor Carriers. Read this complete Code of Federal Regulations Title 49. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. (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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. will also bring you to search results. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. Any NRHM routing designation which affects another State or Indian tribe shall be established, maintained, or enforced only if: (i) It does not unreasonably burden commerce, and. A for-hire motor carrier or a private motor carrier of property. (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. (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. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. Identify the DOT agency you wish to contact. 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. of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . (3) The written route plan specified in 397.67. 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. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. 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 eCFR is displayed with paragraphs split and indented to follow The Administrator will issue a decision based on the petition, the written comments submitted by the parties, the record of the hearing, and any other information in the record. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]. 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. The motor carrier shall maintain the receipt for a period of one year from the date of signature. It is not an official legal edition of the CFR. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle. Radioactive material. (v) Results of consultation with affected persons. 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. 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. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Act 432 of 1982. The official, published CFR, is updated annually and available below under Dot Regulations For Portable Fuel Tanks - PortablesTalk.com Washington, DC 20590 United States. Motor Fuel Transporters. 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). By its terms, 1926.152 (a) (1) requires the use of an approved metal safety can (approved by a nationally recognized testing laboratory) for the handling and use of flammable liquids. This content is from the eCFR and is authoritative but unofficial. UL 142 AND 2085: Underwriters Laboratories (UL) standards 142 and 2085 DO NOT APPLY to mobile fuel storage containers, only to stationary above-ground storage tanks as specified in the scope of the UL 142 standard, part 1.7. (e) No person may transport a package of highway route controlled quantity of Class 7 (radioactive) materials on a public highway unless: (1) The driver has received within the two preceding years, written training on: (i) Requirements in 49 CFR parts 172, 173, and 177 pertaining to the Class 7 (radioactive) materials transported; (ii) The properties and hazards of the Class 7 (radioactive) materials being transported; and. cans in your truck but not a 9 gal gas can. (1) Any State or Indian tribe that files a petition for dispute resolution under this subpart shall mail a copy of the petition to any affected State, political subdivision, or Indian tribe, accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the petition to the Administrator within 45 days. 206.20 Transportation of motor fuel over public highways.. The State highway agency or other State agency designated by the Governor of that State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the NRHM routing designations for that State or Indian tribe. Routing designations. (v) A statement by the person providing the training that information on the certificate is accurate. This web site is designed for the current versions of developer resources. The Secretary of Transportation. If you have questions for the Agency that issued the current document please contact the agency directly. PDF U.S. Department of Transportation DOT Regulations - Energy (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. 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 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. (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. Regulation | US Department of Transportation eCFR :: 30 CFR 75.1906 -- Transport of diesel fuel. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. 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. 397.67 Motor carrier responsibility for routing. (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. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. Background and more details are available in the 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 . Comments or questions about document content can not be answered by OFR staff. (b) The Federal standards are as follows: (1) Enhancement of public safety. For purposes of this subpart, the following definitions apply: Administrator. 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. (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. Compliance with Federal motor carrier safety regulations. Interpretation Response | PHMSA Employees must complete refresher hazmat training every three years or whenever there is a change in job function. Hazardous material. DOT Fuel Transportation Regulations | Legal Beagle 5101 et seq. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Office of the General Counsel. (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.
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