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. 30 CFR 75.1906 - Transport of diesel fuel. | Electronic Code of . A separate drafting site (c) Except as provided in this subpart, the Administrator will only consider an application for a waiver of preemption determination if: (1) The applicant expressly acknowledges in its application that the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought is preempted by the Act or the regulations thereunder; or. Regulation | US Department of Transportation (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. Regulation Y HazMat General Information_FINAL_508c.pdf (1.08 MB) 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). 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. DOT Regulations and DOT 406 Specification - Kiesel Co We recommend you directly contact the agency responsible for the content in question. The characteristics of each alternative NRHM highway routing designation shall be compared. The Secretary of Transportation. Q. Secure .gov websites use HTTPS 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 . 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. (a) Public information. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. will bring you to those results. The Administrator may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. As a The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. (c) Safety cans that leak must be promptly removed from the mine. (a) Any person, including a State, political subdivision thereof, or Indian tribe directly affected by any highway routing designation of another State, political subdivision, or Indian tribe, may apply to the Administrator for a determination of whether that highway routing designation is preempted by the Act or 397.203 of this subpart. Routing agency. ( c) Safety cans that leak must be promptly removed from the mine. Green Transportation 397.2 Compliance with Federal motor carrier safety regulations. (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. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. (c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. 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). J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. Official websites use .govA .gov website belongs to an official government organization in the United States. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. State and local laws, ordinances, and regulations. (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. Vehicular Transportation of Liquefied Petroleum Gas. RENEWABLE FUEL STANDARD . This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. 2 . (f) Decision. If you have questions or comments regarding a published document please In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart. (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. Only transfer fuel in well ventilated areas. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Title 30 was last amended 2/15/2023. (2) Identify the State or Indian tribe filing the petition and any other State, political subdivision, or Indian tribe whose NRHM routing designation is the subject of the dispute. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 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]. 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. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (g) Non-self-propelled diesel fuel transportation units with electrical components for dispensing fuel that are connected to a source of electrical power must be protected by a fire suppression device that meets the requirements of 75.1107-3 through 75.1107-6, and 75.1107-8 through 75.1107-16. U.S. Public information and reporting requirements. (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. 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. (b) No more than one safety can shall be transported on a vehicle at any time. Previous Edition: Apr 2011. Advisory Circulars (ACs) - Search Results What You Need to Know About Transporting Diesel [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. A copy of each order is placed on file in the public docket. 16, 1998]. (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. U.S. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. 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. 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. 397.3 State and local laws, ordinances, and regulations. (a) A State or Indian tribe shall comply with the Federal standards under paragraph (b) of this section when establishing, maintaining or enforcing specific NRHM routing designations over which NRHM may or may not be transported. The petition filed with the Administrator must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. 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 Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. Business Hours:9:00am-5:00pm ET, M-F. 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. 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. 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. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. 397.219 Waiver determination and order. (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. Utah Code for Motor Carriers. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Scope This bulletin is intended for authorized representatives, owners and operators, masters and crew of oil tankers and vessels carrying oil and fuels in tanks on deck (including cargo barges . Carriage by private individuals of diesel (UN 1202), petrol (UN 1203 Office of the General Counsel. She holds a Bachelor of Arts in English with a focus on professional and technical writing from the University of South Florida. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. (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. Choosing an item from (iii) Procedures to be followed in case of an accident or other emergency. Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. 397.73 Public information and reporting requirements. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. Any State or Indian tribe adversely affected by the Administrator's decision under 397.75 of this subpart may seek review by the appropriate district court of the United States under such proceeding only by filing a petition with such court within 90 days after such decision becomes final. 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. Transporting Hazardous Materials by Highway | FMCSA Search & Navigation (3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. Text - S.259 - 118th Congress (2023-2024): Transportation Fuel Market (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. (g) Non-self-propelled diesel fuel transportation units with electrical components for dispensing fuel that are connected to a source of electrical power must be protected by a fire suppression device that meets the requirements of 75.1107-3 through 75.1107-6, and 75.1107-8 through 75.1107-16. [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]. Interpretation Response | PHMSA Enhanced content is provided to the user to provide additional context. (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with 397.223. SE, Washington, DC 20590-0001. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. 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. Former president Donald Trump greets Mayor Trent Conaway of East Palestine, Ohio, on Feb. 22. Transporting diesel, petrol or kerosene by road - GOV.UK (b) Each application filed under this section for a waiver of preemption determination must: (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 being sought; (3) Include a copy of any relevant court order or determination issued pursuant to 397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and. (b) A motor carrier carrying hazardous materials required to be placarded or marked in accordance with 49 CFR 177.823 and not subject to NRHM routing designations pursuant to this subpart, shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that: (2) A reasonable deviation is necessary to reach terminals, points of loading and unloading, facilities for food, fuel, repairs, rest, or a safe haven; or. (3) The route is published in the National Hazardous Materials Route Registry on FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. Transporting Gasoline and Diesel Fuel - New York State Department of A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Florida Statutes. Washington, DC 20590855-368-4200. DOT Approved Gas Cans | How to Safety Store and Transport Gas at Work Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. 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. site when drafting amendatory language for Federal regulations: As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations. PHMSA Regulations | PHMSA - Pipeline and Hazardous Materials Safety The agricultural exception is covered in 49 CFR 173.500. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. (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. switch to drafting.ecfr.gov. 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. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. (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. (2) A 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 49 U.S.C. 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. How to Comply with Federal Hazardous Materials Regulations Attention: National Hazardous Materials Route Registry. Subpart C - Routing of Non-Radioactive Hazardous Materials. Fuel Container Supply Procurement Sources. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. - 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. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. Stay current on the critical safety and compliance news that impacts your business. An examination shall be made of the type and quantity of NRHM normally transported along highway routes which are included in a proposed NRHM routing designation, and consideration shall be given to the relative impact zone and risks of each type and quantity.
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