This is for Vermont only I dont know about other states. (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. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. Please do not provide confidential By promoting the use of electric vehicles, hydrogen fuel cell vehicles, public transportation powered by renewable energy, and other green transportation options, we can work towards mitigating climate change, improving air quality, reducing our dependence on fossil fuels, promoting economic development, and improving equity.Chapter 26: The . (8) Responsibility for local compliance. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. 397.1 Application of the rules in this part. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. 1200 New Jersey Avenue, SE This will link you to the U.S. Department of Transportation's Hazardous Materials Safety website. (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. Propane transportation limits change depending on the type of vehicle you . The Administrator will issue a decision based on the petition, the written comments submitted by the parties, the record of the hearing, and any other information in the record. Routing designations. 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. The official, published CFR, is updated annually and available below under (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. 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 NRHM over a specific highway route or portion of a route. The eCFR is displayed with paragraphs split and indented to follow Learn more about the eCFR, its status, and the editorial process. (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. Comments or questions about document content can not be answered by OFR staff. Portable five (5) gallon cans transported on any . 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. Transporters of fuel must comply with certain communication requirements set by the DOT. You can have 100 5 gal. Act 432 of 1982. (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. Variation for security purposes from the requirements of this section is permitted so far as necessary to meet the requirements imposed under such a plan, or otherwise imposed by the U.S. Nuclear Regulatory Commission in 10 CFR part 73. [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]. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. It is applicable in Great Britain and Northern Ireland . 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. 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. result, it may not include the most recent changes applied to the CFR. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. UL 142 AND 2085: Underwriters Laboratories (UL) standards 142 and 2085 DO NOT APPLY to mobile fuel storage containers, only to stationary above-ground storage tanks as specified in the scope of the UL 142 standard, part 1.7. Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. An official website of the United States government Here's how you know. (3) The written route plan specified in 397.67. . Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. the hierarchy of the document. 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 . "Published Edition". will bring you to those results. site when drafting amendatory language for Federal regulations: (eg: More severe violations will involve fees. 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. 397.213 Waiver of preemption application. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall undertake the following actions to ensure participation by the public in the routing process: (i) The State or Indian tribe shall provide the public with notice of any proposed NRHM routing designation and a 30-day period in which to comment. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. full text search results Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. 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 . As a (d) The Administrator's decision under this section constitutes the final agency decision. (b) Notwithstanding that an application for a determination has not been filed under 397.205, the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act. Companies that transport hazardous materials, including fuel, over the road are required to register with the DOT every year. The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. citations and headings 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. 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. Commercial Driver License. When transporting diesel fuel in a container other than a safety can, a fire extinguisher shall be provided on each end of the transportation unit (two extinguishers required.) (vii) Terrain considerations. United States, Email: Transportation.RegulatoryInfo@dot.gov (iii) Procedures to be followed in case of an accident or other emergency. (e) Hearings; alternative dispute resolution. The Clean Air Act requires EPA to regulate fuels and fuel additives for use in motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if such fuel, fuel additive or any emission products causes or contributes to air or water pollution that may endanger the public health or welfare. Choosing an item from DOT Federal Cargo Tank CT Number Search - Search engine to locate authorized CT registrants 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. Basic Gas Can Safety . (c) Safety cans that leak must be promptly removed from the mine. 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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Email: Transportation.RegulatoryInfo@dot.gov Phone: 202-366-4702 Business Hours: 9:00am-5:00pm ET, M-F. will bring you directly to the content. 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 eCFR is displayed with paragraphs split and indented to follow (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. 397.201 Purpose and scope of the procedures. Policy. (xi) Delays in transportation. This web site is designed for the current versions of (2) Public participation. 450b. (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. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. 1/1.1 (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. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. (3) Any affected State, political subdivision, or Indian tribe submitting written comments to the Administrator with respect to a petition filed under this section shall send a copy of the comments to the petitioner and certify to the Administrator as to having complied with this requirement. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. (h) Diesel fuel transportation units and vehicles transporting safety cans containing diesel fuel must have at least two multipurpose, dry chemical type (ABC) fire extinguishers, listed or approved by a nationally recognized independent testing laboratory and having a 10A:60B:C or higher rating, with one fire extinguisher provided on each side of the vehicle. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. or existing codification. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). 397.67 Motor carrier responsibility for routing. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. This note gives guidance on the regulations and main exemptions for transporting diesel, petrol and kerosene privately or for work. Utah Administrative Rules for Motor Carriers. 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. (Or, to transport hazardous materials over state lines.) All other safety cans must be stored in permanent underground diesel fuel storage facilities. You are using an unsupported browser. 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. is available with paragraph structure matching the official CFR DOT & Safety Regulations. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. UN 31A GROUP Y INTERMEDIATE BULK CONTAINER (IBC). 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. The petition must be filed within 20 days of service of the determination or order issued under the above sections. Group Y: Meets tests for Packing Groups (PG) II and III. A copy of each order is placed on file in the public docket. PHMSA Regulations. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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. If you have questions for the Agency that issued the current document please contact the agency directly. (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. 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. (iii) The State or Indian tribe shall attempt to resolve any concern or disagreement expressed by any consulted official related to the proposed routing designation. (iii) Facilities for food, fuel, repairs, rest, and safe havens. 5112, 5125. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. 49 CFR 172.101 Employees must complete refresher hazmat training every three years or whenever there is a change in job function. U.S. A sole owner, partnership, corporation or other organization transporting gasoline or diesel fuel in Texas as a motor fuel transporter using truck, railroad tank car or marine vessel outside the bulk transfer/terminal system is required to be licensed by the Comptroller's office. The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. 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. 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. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. One or more States or Indian tribes may petition the Administrator to resolve a dispute relating to an agreement on a proposed NRHM routing designation. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. The age of each truck driver has to exceed 18. (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. Attention: Office of the Chief Counsel (MC-CC). Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. All other safety cans must be stored in permanent underground diesel fuel storage facilities. (2) he or she requests additional information from the applicant and it is not submitted. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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. Deviations from the most direct route shall be minimized. Further, a safety can by definition is a container with a capacity of 5 gallons or less and equipped with a spring-closing lid and spout cover, a means to . here. A State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa or Guam. It is not an official legal edition of the CFR. During the hearing the parties may offer any information pertinent to the resolution of the dispute. 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Public information and reporting requirements. 206.20 Transportation of motor fuel over public highways.. The impact zone is the potential range of effects in the event of a release. In addition, the State or Indian tribe shall make a finding, supported by a risk analysis conducted in accordance with paragraph (b)(1) of this section, that the routing designation enhances public safety. A. (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. RENEWABLE FUEL STANDARD . Enter your email address below and click Sign up. 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. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. switch to drafting.ecfr.gov. "Published Edition". 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. If you work for a Federal agency, use this drafting 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.
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