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(vi) Exposure and other risk factors. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. 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 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. [/box] [box . (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. (c) A State-designated route is effective when -. A. (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. Subparts C, D, and E also issued under 49 U.S.C. The eCFR is displayed with paragraphs split and indented to follow DOT 406 tank is also suitable for the transport of No. Federal Motor Carrier Safety Regulations. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. This written documentation must include an emergency contact phone number--which is monitored by a live person throughout the trip--and information on the type of fuel, its hazards, first aid information and procedures for leaks, spills and fires. (1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible; (2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. 397.77 Judicial review of dispute decision. If that is the case, what you have are bulk packagings of a hazardous . (9) Factors to consider. The employer must also have, and train employees on, an established security plan that details procedures for recognizing, preventing and stopping security threats toward the fuel shipment. The Motor Carrier Safety Planner - Transportation Trump's administration rolled back several regulations on the . Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. (iv) The State or Indian tribe shall keep a record of the names and addresses of the officials notified pursuant to this section and of any consultation or meeting conducted with these officials or their representatives. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. Transporting Hazardous Materials by Highway. site when drafting amendatory language for Federal regulations: Motor vehicle. When transporting diesel fuel, many often wonder if placarding is required. (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. (2) The motor carrier or the person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall select routes to reduce time in transit over the preferred route segment of the trip. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. (ii) The DOT Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials, DOT/RSPA/OHMT-89-02, July 1989[1] or its most current version; or an equivalent routing analysis which adequately considers overall risk to the public. The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. (8) Responsibility for local compliance. 450b. 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. Alternative routes shall be examined, reviewed, or evaluated to the extent necessary to demonstrate that the most probable alternative routing resulting from a routing designation is safer than the current routing. As a (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. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. (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. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. It is not an official legal edition of the CFR. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. Fuel tanker regulations require that anyone who applies for a new permit for the use of these tankers or seeks renewal of an already existing permit should sign a declaration confirming that the vehicle is fit for the safe transport of fuel as specified in the permit.. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. (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. The DOT and the NRC shipping rules are outlined in Title 49 of the Code of Federal Regulations, parts 100 to 177 (PDF) (54,58 K). (iv) Is authorized to move the vehicle and has the means and ability to do so. Fuel - California Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (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. (c) Safety cans that leak must be promptly removed from the mine. (f) Tanks on diesel fuel transportation units must be permanently fixed to the unit and have a total capacity of no greater than 500 gallons of diesel fuel. (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. Title 30 was last amended 2/15/2023. (viii) Continuity of routes. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). 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 . Fuel tank trailer regulations - learn the key specs & operation 397.203 Standards for determining preemption. US DOT - RITA. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). The Administrator may publish the determination or notice of the determination in the Federal Register. The can must be protected from damage during transport. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. citations and headings 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). (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. (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. In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. If you have questions or comments regarding a published document please (2) Public participation. A for-hire motor carrier or a private motor carrier of property. Looking at international documents, in particular the Joint Conventional Fuel Safety Management Convention, which is designed to protect individuals and the environment from damage caused by it. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. (xiii) Congestion and accident history. If the Administrator fails to take action on the application within 90 days of serving the notice required by 397.217(d), the applicant may treat the application as having been denied in all respects. PART 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES. We help ensure safe, respectful workplaces, job sites and highways. A locked padlock) or https:// means you've safely connected to the .gov website. 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. 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. You can have 100 5 gal. PDF U.S. Department of Transportation DOT Regulations - Energy (iv) Emergency response capabilities. 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. This note gives guidance on the regulations and main exemptions for transporting diesel, petrol and kerosene privately or for work. Rule 1501:10-2-10 - Ohio Administrative Code | Ohio Laws Displaying title 49, up to date as of 3/02/2023. (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. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. (b) Unless otherwise ordered by the Administrator, an application for a preemption determination which includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination. Storage materials you should avoid include tin, copper, lead, zinc and brass. (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. (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. Requirements for motor carriers and drivers. (c) Safety cans that leak must be promptly removed from the mine. (1) For purposes of this subpart, a preferred route is an Interstate System highway for which an alternative route is not designated by a State routing agency; a State-designated route selected by a State routing agency pursuant to 397.103; or both of the above. The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. 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. (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. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Is the 350-gallon diesel fuel tank subject to the HMR? (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. 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. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. (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. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. 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 . UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. Attention: National Hazardous Materials Route Registry. If the risk analysis shows -. Utah Administrative Rules for Motor Carriers. 5103, 31136, 31502, and 49 CFR 1.97. DOT Links: U.S. eCFR :: 30 CFR 75.1906 -- Transport of diesel fuel. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. A DOT specification tank meets the federal requirement for the transport of Gas and AV Gas over a public roadway per Title 49 (Transportation) for transport in bulk containers.