Employers are responsible to see that hazmat employees are trained adequately. Secure .gov websites use HTTPS 1200 New Jersey Avenue, S.E. Requirements for State routing designations. 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. (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. Transporting Hazardous Materials by Highway. The State or Indian tribe shall utilize the procedures established in paragraphs (b)(2) and (b)(3) of this section in meeting these requirements. the hierarchy of the document. It is not an official legal edition of the CFR. (2) Does not unreasonably burden commerce. (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. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (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. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. 397.219 Waiver determination and order. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (b) No more than one safety can shall be transported on a vehicle at any time. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. Transporters of fuel must comply with certain communication requirements set by the DOT. (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. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (7) Describe any proposed actions that the Administrator should take to resolve the dispute and how these actions would provide the greatest level of highway safety without unreasonably burdening commerce and would ensure compliance with the Federal standards established in this subpart. (iii) Types and quantities of NRHM. However, the driver may prepare the written plan as agent for the motor carrier when the trip begins at a location other than the carrier's terminal. A carrier's safety rating can also be affected. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. 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. (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. DOT 406 tank is also suitable for the transport of No. 49 CFR 172.101 We recommend you directly contact the agency responsible for the content in question. 5112, 5125. (a) Public information. (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. (v) A statement by the person providing the training that information on the certificate is accurate. Choosing an item from SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. [36 FR 4876, Mar. We help ensure safe, respectful workplaces, job sites and highways. The eCFR is displayed with paragraphs split and indented to follow developer resources. 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. As defined in 49 CFR 173.403, radioactive material means any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values of the table in 49 CFR 173.436 or values derived according to the instructions in 49 CFR 173.433. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. information or personal data. (i) That the current routing presents at least 50 percent more risk to the public than the deviation under the proposed routing designation, then the proposed routing designation may go into effect. (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. U.S. Washington, DC 20590 United States. [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]. Use DOT-approved gas cans for safe fuel transport and storage. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. 1 CFR 1.1 (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. Political subdivision. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (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. Subpart D - Routing of Class 7 (Radioactive) Materials. 5101 et seq. (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. 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). Chapter 119 Public Records. You can Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. [36 FR 4876, Mar. Any questions please call us at 1-800-773-3047. (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. 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. (c) A highway routing designation established by a State, political subdivision, or Indian tribe before November 14, 1994 is subject to preemption in accordance with the preemption standards in paragraphs (a)(1) and (a)(2) of 397.203. 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. 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. The Secretary of Transportation. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. The 8 gallon thing is close but it is actually a maximum of 8 gal containers. All other safety cans must be stored in permanent underground diesel fuel storage facilities. 397.77 Judicial review of dispute decision. william.chernicoff@dot.gov. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. site when drafting amendatory language for Federal regulations: 5101 et seq., formerly known as the Hazardous Materials Transportation Act. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. 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. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. (d) Before a motor carrier requires or permits a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3, as defined in 49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or its agent shall prepare a written route plan that complies with this section and shall furnish a copy to the driver. 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 . We recommend you directly contact the agency responsible for the content in question. This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. Snow Tire & Chain Requirements. "Published Edition". An official website of the United States government Here's how you know. DOT & Safety Regulations. But, confusion arises for diesel in first determining if it is . 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. More severe violations will involve fees. (c) A State or Tribally-designated route is effective only after it 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. (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. (2) Public participation. Regulation Y Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. Share sensitive information only on official, secure websites. Search & Navigation Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. Comments or questions about document content can not be answered by OFR staff. Act 432 of 1982. 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. (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. 397.5 Attendance and surveillance of motor vehicles. Depending on the severity, the DOT can fine both the driver and carrier anywhere from $1,000 up to a maximum of $11,000. (c) Safety cans that leak must be promptly removed from the mine. All containers shall be properly labeled. Please do not provide confidential [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. If the risk analysis shows -. 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. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel or Jet-A/Jet Fuel on public roadways per FEDERAL transportation requirements. (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title. For purposes of this subpart, the following definitions apply: Administrator. State. You can Any increases in transportation costs may affect the ultimate price of diesel fuel because diesel fuel is delivered by truck or pipeline from refineries to distribution centers and diesel stations. Commercial Driver License. The Pipeline and Hazardous Materials Safety Administration (PHMSA . (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. A municipality, 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. (2) By serving notice on any other State, political subdivision, or Indian tribe determined by the Administrator to be possibly affected by the issues in dispute or the resolution sought, or by publication in the Federal Register, the Administrator may afford those persons an opportunity to file written comments on the petition. Hazardous Materials Regulations. The eCFR is displayed with paragraphs split and indented to follow The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Pressing enter in the search box Motor Fuel Transporters. citations and headings Routing designations. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. 450b. Trump's administration rolled back several regulations on the . No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. (iv) Is authorized to move the vehicle and has the means and ability to do so. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. The Administrator may publish the order or notice of the order in the Federal Register. This document is available in the following developer friendly formats: Information and documentation can be found in our Q. Email: Transportation.RegulatoryInfo@dot.gov Phone: 202-366-4702 Business Hours: 9:00am-5:00pm ET, M-F. [79 FR 59457, Oct. 2, 2014, as amended at 81 FR 68358, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. A copy of each decision will be placed on file in the public docket. SE, Washington, DC 20590-0001. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. Commerce. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. Whether diesel is regulated largely depends on the type of packaging. (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. (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. For instance, never fill a gas can when it's in the trunk of a vehicle or in the back of a pickup because fuel vapors tend to gather at the lowest point of . 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. If you have questions or comments regarding a published document please A for-hire motor carrier or a private motor carrier of property. If you have questions or comments regarding a published document please (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Administrator means the Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency of the United States Department of Transportation, or his/her designate. Receive email updates about the latest in Safety, Innovation, and Infrastructure. or existing codification. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. Is the 350-gallon diesel fuel tank subject to the HMR? (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. 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. Learn more about the eCFR, its status, and the editorial process. (2) The highway routing designation of the State, political subdivision thereof, or Indian tribe has been determined by a court of competent jurisdiction or in a determination issued pursuant to 397.211 to be preempted by the Act or the regulations issued thereunder. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. 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. DOT 406 tank is also suitable for the transport of No. A DOT 406 specification tank meets the federal requirements for the transport of Gasoline and AvGas over public roadways per Title 49 (Transportation) for transport in bulk containers. ( Texas Tax Code (TTC) 162.001) Exception: (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. (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. (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 . Federal Motor Carrier Safety Regulations. The E-Cube Mobile is authorized for the . Oil Spill Prevention and Response Plan. 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 . A1. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel (UN1202/NA1993) or Jet-A/Jet Fuel (UN1863) on public roadways per FEDERAL transportation requirements. 1/1.1 The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. (d) The Administrator may serve notice on any other persons readily identifiable by the Administrator as persons who will be affected by the determination sought and may afford those persons an opportunity to file written comments on the application.