(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. 397.73 Public information and reporting requirements. Motor carrier. cans in your truck but not a 9 gal gas can. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. contact the publishing agency. (d) A list of State-designated preferred routes and a copy of the Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. Each container must be marked and labeled. A copy of each order is placed on file in the public docket. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. Subpart A also issued under 49 U.S.C. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. information or personal data. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed 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. 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) 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. So employees thrive. is available with paragraph structure matching the official CFR 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. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. The application filed with the Administrator must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each official to whom a copy of the application was sent. 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. FAR). Act 387 of 2012, Regional Transit Authority Act. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. (ix) Alternative routes. (8) Responsibility for local compliance. (viii) Continuity of routes. 36 FR 4876, Mar. In fact, a driver's age must exceed 21 to operate across state lines. switch to drafting.ecfr.gov. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. FMCSA. Regulation Y These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. 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. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (v) A statement by the person providing the training that information on the certificate is accurate. (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. If the routing designation being disputed results in alternative routing, then a comparative risk analysis for the designated route and the resulting alternative routing shall be provided. 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. DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. Such actions shall include the following: (i) At least 60 days prior to establishing a routing designation, the State or Indian tribe shall provide notice, in writing, of the proposed routing designation to officials responsible for highway routing in all other affected States or Indian tribes. (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. The population potentially exposed to an NRHM release shall be estimated from the density of the residents, employees, motorists, and other persons in the area, using United States census tract maps or other reasonable means for determining the population within a potential impact zone along a designated highway route. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. 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. (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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. Each of these two fire extinguishers shall be a portable twenty-pound multipurpose dry-chemical type fire extinguisher maintained in accordance with MSHA regulations. But, confusion arises for diesel in first determining if it is regulated or not. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. from some of the hazardous material transportation requirements when transporting diesel for If the risk analysis shows -. (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. Group Y: Meets tests for Packing Groups (PG) II and III. (c) Safety cans that leak must be promptly removed from the mine. 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. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. developer resources. The characteristics of each alternative NRHM highway routing designation shall be compared. AGRICULTURE USE. 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]. SE, Washington, DC 20590-0001. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. 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. (2) Is solely within a place under the jurisdiction of a State or Indian tribe but which affects trade, traffic, or transportation described in subparagraph (a). 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. will bring you to those results. (d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in 397.5 and 397.7. The official, published CFR, is updated annually and available below under 49 U.S.C. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . SDTruckInfo.com is a collaborative effort between the SD Department of Revenue, SD Department of Transportation and SD Department of Public Safety to provide a central location for South Dakota trucking information, including Commercial Driver Licensing (CDL), special load permits, emergency notices for the trucking industry, legal weights and sizes for loads, and rules and regulations for . It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. 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. (i) Diesel fuel transportation units shall be parked only in permanent underground diesel fuel storage facilities or temporary underground diesel fuel storage areas when not in use. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. Sign up to receive Transportation SafetyClicks. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. You are using an unsupported browser. Motor vehicle. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). This allows a farmer to be expempted . View the most recent official publication: These links go to the official, published CFR, which is updated annually. Organization and Purpose (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. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Portable five (5) gallon cans transported on any . Florida Statutes. Snow Tire & Chain Requirements. Vehicular Transportation of Liquefied Petroleum Gas. Please do not provide confidential 35 FR 17890, Nov. 20, 1970, unless otherwise noted. Employees must complete refresher hazmat training every three years or whenever there is a change in job function. This document is available in the following developer friendly formats: Information and documentation can be found in our The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. The TransCube is authorized for . (Or, to transport hazardous materials over state lines.) Steward: . The can must be protected from damage during transport. A for-hire motor carrier or a private motor carrier of property. (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. [36 FR 4876, Mar. (vii) Terrain considerations. US DOT - RITA. For purposes of this subpart, the following definitions apply: Administrator. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE); (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought; (3) If applicable, specify the provisions of the Act or the regulations issued under the Act under which the applicant seeks preemption of the highway routing designation of the State, political subdivision thereof, or Indian tribe; (4) Explain why the applicant believes the highway routing designation of the State, political subdivision thereof, or Indian tribe should or should not be preempted under the standards of 397.203; and. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. The fact that a determination has not been issued under this section with respect to a particular highway routing designation of a State, political subdivision thereof, or Indian tribe carries no implication as to whether the requirement is preempted under the Act or regulations issued thereunder. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Subpart D - Routing of Class 7 (Radioactive) Materials. full text search results Comments or questions about document content can not be answered by OFR staff. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. Washington, DC 20590 (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. We help ensure safe, respectful workplaces, job sites and highways. (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. 206.20 Transportation of motor fuel over public highways.. 5125(c). (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. (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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