(j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of 75.1003-2 must be followed. The E-Cube Mobile is authorized for the transport of PG II and III liquids such as diesel and Jet-A as a UN 31A Group Y IBC. State Requirements. U.S. We recommend you directly contact the agency responsible for the content in question. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. The Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency within the United States Department of Transportation, or his/her designate. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. This allows a farmer to be expempted . Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. Copyright year J. J. Keller & Associates, Inc. All rights reserved. State and local laws, ordinances, and regulations. "Published Edition". 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. (eg: Compliance with Federal motor carrier safety regulations. will also bring you to search results. (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. Routing agency means the State highway agency or other State agency designated by the Governor of a State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the highway routing designations for that State or Indian tribe. Routing of Non-Radioactive Hazardous Materials. site when drafting amendatory language for Federal regulations: But, confusion arises for diesel in first determining if it is . Deviation from the shortest-distance pickup or delivery route is authorized if such deviation: (i) Is based upon the criteria in paragraph (a) of this section to minimize the radiological risk; and. Vehicle with refueling tank installed must be turned off when transferring fuel. Regulation Y A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. 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. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel or Jet-A/Jet Fuel on public roadways per FEDERAL transportation requirements. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (b) Notwithstanding that an application for a determination has not been filed under 397.205, the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58485, Sept. 24, 2013; 87 FR 59037, Sept. 29, 2022]. (c) The Administrator may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required by paragraph (a) of this section is not impracticable, or that notice should be published in the Federal Register. 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. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. (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. here. (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. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. Motor Bus Transportation Act Administrative Rules. Share sensitive information only on official, secure websites. (xi) Delays in transportation. (b) Filing. 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. (i) FMCSA will consolidate information on the NRHM routing designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as updates in the Federal Register. Special Provision B1 specifies that materials with flash-points above 38C (100F) and lower than 93C (200F) are subject to 49 CFR 173.241 (Bulk packaging for certain low hazard liquid and solid materials). (2) he or she requests additional information from the applicant and it is not submitted. Subpart D - Routing of Class 7 (Radioactive) Materials. (vi) Exposure and other risk factors. But, confusion arises for diesel in first determining if it is regulated or not. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. Navigate by entering citations or phrases switch to drafting.ecfr.gov. user convenience only and is not intended to alter agency intent Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. Hazardous Materials Regulations. As a 5101 et seq., formerly known as the Hazardous Materials Transportation Act. 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Basic Gas Can Safety . 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (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. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. All containers shall be properly labeled. [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 -. (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"). 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. Sign up to receive Transportation SafetyClicks. (3) Consultation with others. (d) When the Administrator has received all substantive information necessary to process an application for a waiver of preemption determination, notice of that fact will be served upon the applicant. 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. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. The State shall make available to the public, upon payment of prescribed costs, copies of the transcript of the hearing, which shall include all exhibits and documents presented during the hearing or submitted for the record. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. Utah Code for Motor Carriers. 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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. A separate drafting site DOT Federal Cargo Tank CT Number Search - Search engine to locate authorized CT registrants The characteristics of each alternative NRHM highway routing designation shall be compared. guide. Title 49 was last amended 2/03/2023. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. We recommend you directly contact the agency responsible for the content in question. (2) Include with the application filed with the Administrator a description of the persons or class or classes of persons to whom notice was not sent. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination. The can must be protected from damage during transport. (d) The Administrator's decision under this section constitutes the final agency decision. PHMSA Regulations. 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). 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. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. View Navigation. In evaluating an application, the Administrator may consider any other source of information. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. All other safety cans must be stored in permanent underground diesel fuel storage facilities. Whether diesel is regulated largely depends on the type of packaging. (c) A State-designated route is effective when -. Learn more about the eCFR, its status, and the editorial process. Load Securement. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. switch to drafting.ecfr.gov. learn more about the process here. These requirements fall under the authority of the Federal Motor Carrier Safety Administration, a division of the DOT and cover the requirements for diesel fuel tank construction, mounting, testing and marking. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. Only transfer fuel in well ventilated areas. 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. full text search results Snow Tire & Chain Requirements. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. Trump's administration rolled back several regulations on the . 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted. (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. (Or, to transport hazardous materials over state lines.) 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). This document is available in the following developer friendly formats: Information and documentation can be found in our (ii) Type of highway. Motor carrier. result, it may not include the most recent changes applied to the CFR.