Search & Navigation First, its important to understand the differences between bulk and non-bulk packaging. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. If you work for a Federal agency, use this drafting (v) Results of consultation with affected persons. (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. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. citations and headings The Secretary of Transportation. learn more about the process here. (2) Does not unreasonably burden commerce. developer resources. Secure .gov websites use HTTPS DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. 1 CFR 1.1 Notice for both the comment period and any public hearing may also be published in the official register of the State. 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. All containers shall be properly labeled. (2) he or she requests additional information from the applicant and it is not submitted. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. 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. 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. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. Political subdivision includes a municipality; a public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. You can learn more about the process 397.213 Waiver of preemption application. (x) Effects on commerce. (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. More severe violations will involve fees. A copy of each determination is placed on file in the public docket. In establishing or providing for reasonable access to and from designated routes, the State or Indian tribe shall use the shortest practicable route considering the factors listed in paragraph (b)(9) of this section. 397.2 Compliance with Federal motor carrier safety regulations. You are using an unsupported browser. Any variation between the route plan and routes actually used, and the reason for it, shall be reported in an amendment to the route plan delivered to the shipper as soon as practicable but within 30 days following the deviation. Hazardous material. This content is from the eCFR and is authoritative but unofficial. Subpart C - Routing of Non-Radioactive Hazardous Materials. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. "Published Edition". (l) Diesel fuel shall be stored and handled in accordance with the requirements of 75.1902 through 75.1906 of this part as of November 25, 1997. (ii) Type of highway. When transporting diesel fuel, many often wonder if placarding is required. 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 . 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 Administrator may publish the decision or notice of the decision in the Federal Register. (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. 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. Motor carrier responsibility for routing. full text search results Organization and Purpose Official websites use .govA .gov website belongs to an official government organization in the United States. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. The Administrator may waive preemption with respect to such requirement upon a determination that such requirement -, (1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or regulations issued under the Act, and. What skills will I need to do this job? Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. Deviations from the most direct route shall be minimized. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. site when drafting amendatory language for Federal regulations: 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. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Subparts C, D, and E also issued under 49 U.S.C. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. (a) The State routing agency, as defined in 397.201(c), shall select routes to minimize radiological risk using Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials, or an equivalent routing analysis which adequately considers overall risk to the public. The eCFR is displayed with paragraphs split and indented to follow The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Administrator within 45 days. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. 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. Weather conditions unique to a highway route such as snow, wind, ice, fog, or other climatic conditions that could affect the safety of a route, the dispersion of the NRHM upon release, or increase the difficulty of controlling it and cleaning it up shall be given appropriate consideration. [/box] [box . Navigate by entering citations or phrases william.chernicoff@dot.gov. user convenience only and is not intended to alter agency intent 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. Use of fuel cells to power automobiles and generate electricity for homes and businesses Effects on public safety and health. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (iii) Types and quantities of NRHM. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (iv) Emergency response capabilities. If you have questions for the Agency that issued the current document please contact the agency directly. 13, 1971, unless otherwise noted. Your diesel fuel container color matters as well. Confusion arises for diesel in first determining if it is regulated or not, Suggested site content and search history menu, J. J. Keller protects people and the businesses they run.. (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist -, (1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and, (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and. (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. (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. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes. 397.201 Purpose and scope of the procedures. The distance to sensitive areas shall be considered. 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 . Motor Fuel Transporters. 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. 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. Depending on the severity, the DOT can fine both the driver and carrier anywhere from $1,000 up to a maximum of $11,000. (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. 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. State. Federal Gasoline Regulations. Companies that transport hazardous materials, including fuel, over the road are required to register with the DOT every year. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. (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. (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. As is the case with many hazardous materials, the placarding requirement is determined largely by the hazard of the material, the quantity of the material being transported, and the type of packaging used. Oil Spill Prevention and Response Plan. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . Section 216.347 Disbursement of Grants and Aids Appropriations for Lobbying Prohibited. full text search results is available with paragraph structure matching the official CFR 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. - Other Regulations Relating to Transportation, - Federal Motor Carrier Safety Administration, Department of Transportation, - Federal Motor Carrier Safety Regulations, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-397, Transportation of Hazardous Materials; Driving and Parking Rules. All containers shall be properly labeled. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. Please do not provide confidential (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. 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.. 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. ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . (iii) Procedures to be followed in case of an accident or other emergency. (b) Reporting and publishing requirements. the hierarchy of the document. 5125(c). A non-radioactive hazardous material transported by motor vehicle in types and quantities which require placarding, pursuant to Table 1 or 2 of 49 CFR 172.504. (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. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. will also bring you to search results. DOT Regulations for Mobile Fuel Containers. 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 . Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. (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. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. Details. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Motor vehicle. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the Hazardous Materials Table found in 49 CFR 172.101. result, it may not include the most recent changes applied to the CFR. Copyright year J. J. Keller & Associates, Inc. All rights reserved. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. (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. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. Any questions please call us at 1-800-773-3047. 397.203 Standards for determining preemption. 5101 et seq. (ii) That the current routing presents a greater risk but less than 50 percent more risk to the public than the deviation under the proposed routing restriction, then the proposed routing restriction made by a State or Indian tribe shall only go into effect if it does not force a deviation of more than 25 miles or result in an increase of more than 25 percent of that part of a trip affected by the deviation, whichever is shorter, from the most direct route through a jurisdiction as compared to the intended deviation. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. 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. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. Section 112.061 Per diem and Travel Expenses of Public Officers, Employees, and Authorized Persons; Statewide travel management system. As one of North Carolina's largest state agencies, the N.C. Department of Transportation must ensure that its divisions, business units, programs and employees are fulfilling their responsibilities while achieving the department's mission of "connecting people, products and places safely and efficiently with customer focus, accountability and environmental sensitivity to enhance the economy . Each container must be marked and labeled. The official, published CFR, is updated annually and available below under Act 196 of 1986, Public Transportation Authority Act. 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. (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. Hazardous material means 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. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]. Displaying title 49, up to date as of 3/02/2023. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. here. The age of each truck driver has to exceed 18. Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. Common sense should also be a key guide when it comes to transporting fuel. If you have questions or comments regarding a published document please If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (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"). Follow us on Facebook (opens a new window), Follow us on Twitter @JJKeller (opens a new window), Follow us on LinkedIn (opens a new window), Subscribe to our YouTube channel (opens a new window), Skip global navigation and go to main content, J. J. Keller Encompass Fleet Management System, 200-gallon Intermediate bulk container (IBC). (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. Political subdivision.