Any vehicle or equipment of which fuel is being transferred to must be turned off. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. 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. 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. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. The establishment of an NRHM routing designation by any State or Indian tribe shall be completed within 18 months of the notice given in either paragraph (b)(2) or (b)(3) of this section, whichever occurs first. 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. Choosing an item from will bring you directly to the content. (3) The written route plan specified in 397.67. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. 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. (1) The State gives written notice to the Federal Motor Carrier Safety Administration: (ii) By certified mail, return receipt requested, to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 5125, or 397.69 or 397.203 of this part; and. 16, 1998]. 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. 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. Is the 350-gallon diesel fuel tank subject to the HMR? If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 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 . 397.101 Requirements for motor carriers and drivers. 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. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. Vehicle weight and size limits, underpass and bridge clearances, roadway geometrics, number of lanes, degree of access control, and median and shoulder structures are examples of characteristics which a State or Indian tribe shall consider. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. Title 30 was last amended 2/15/2023. Employers are responsible to see that hazmat employees are trained adequately. 397.203 Standards for determining preemption. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and. If no agreement is reached, the Administrator may take the matter under consideration and announce his or her decision in accordance with paragraph (f) of this section. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. 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). The analysis of the emergency response capabilities shall be based upon the proximity of the emergency response facilities and their capabilities to contain and suppress NRHM releases within the impact zones. 1 CFR 1.1 The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. Snow Tire & Chain Requirements. (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. If you work for a Federal agency, use this drafting Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. When transporting diesel fuel, many often wonder if placarding is required. Q1. (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. 49 CFR 172.101 The present paper seeks to clarify and assess the obligations of governments to . - 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. citations and headings (b) The Federal standards are as follows: (1) Enhancement of public safety. (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. When transporting diesel fuel, many often wonder if placarding is required. Utah Code for Motor Carriers. NWCG Standards for Transporting Fuel. (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. (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. The can must be protected from damage during transport. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . (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. 1 CFR 1.1 (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. A substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, or property when transported in commerce, and which has been so designated. You can have 100 5 gal. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. Portable five (5) gallon cans transported on any . The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. Chapter 119 Public Records. Fuel Container Supply Procurement Sources. The Administrator may publish the determination or notice of the determination in the Federal Register. The Pipeline and Hazardous Materials Safety Administration (PHMSA . As a The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. NWCG Standards for Transporting Fuel, PMS 442. Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. (b) Reporting and publishing requirements. 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. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. (6) Timeliness. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. (3) Consultation with others. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. user convenience only and is not intended to alter agency intent This contact form is only for website help or website suggestions. will bring you to those results. The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). 5112, 5125. (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. (3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials. Share sensitive information only on official, secure websites. (3) A reasonable deviation is required by emergency conditions, such as a detour that has been established by a highway authority, or a situation exists where a law enforcement official requires the driver to take an alternative route. This content is from the eCFR and is authoritative but unofficial. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. (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. Motor Bus Transportation Act Administrative Rules. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. A copy of each decision will be placed on file in the public docket. At any time during this period or following review of the comments received, the State or Indian tribe shall decide whether to hold a public hearing on the proposed NRHM route designation. 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). The container carrying the fuel must be constructed so that the fuel will not leak or spill. [/box] [box . An official website of the United States government Here's how you know. DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. Requirements for motor carriers and drivers. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. 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. (4) Clearly set forth the dispute for which resolution is sought, including a complete description of any disputed NRHM routing designation and an explanation of how the disputed routing designation affects the petitioner or how it impedes through highway routing. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. result, it may not include the most recent changes applied to the CFR. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions.