Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall provide notice to, and consult with, officials of affected political subdivisions, States and Indian tribes, and any other affected parties. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . (5) Agreement of other States; burden on commerce. (b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. (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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. (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. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This content is from the eCFR and is authoritative but unofficial. 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.
PHMSA Regulations | PHMSA - Pipeline and Hazardous Materials Safety 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. For purposes of this subpart, the following definitions apply: Administrator. Subpart D - Routing of Class 7 (Radioactive) Materials. (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. PHMSA is responsible for regulating and ensuring the safe and secure movement of hazardous materials to industry and consumers by all modes of transportation, including pipelines. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. (2) Telephone numbers which will access emergency assistance in each State to be entered. [36 FR 4876, Mar. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. Share sensitive information only on official, secure websites. (f) A person may transport irradiated reactor fuel only in compliance with a plan if required under 49 CFR 173.22(c) that will ensure the physical security of the material. Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. A locked padlock) or https:// means you've safely connected to the .gov website. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. 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. The application filed with the Administrator must include a certification that the application complies with this paragraph and must include the names and addresses of each person to whom the application was sent. If no response is received within 60 days from the day of receipt of the notification of the proposed routing designation, the routing designation shall be considered approved by the affected State or Indian tribe. - 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. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. A copy of this notice may also be sent to all affected political subdivisions. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. (iii) That the current route has the same or less risk to the public than the deviation resulting from the proposed routing designation, then the routing designation shall not be allowed. (iii) Procedures to be followed in case of an accident or other emergency.
DOT Regulations on Transporting Fuel - Online Freight Brokers Course (a) General requirements. will bring you to those results. (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.
DOT Regulations | Quality Fuel Trailer and Tank, Inc. (b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. (2) Public participation. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. FAR). State Requirements. 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. 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. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. It is not an official legal edition of the CFR. (3) The applicant fails to provide the notice required by this subpart. (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. (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. State. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern.
Carriage by private individuals of diesel (UN 1202), petrol (UN 1203 (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 .
eCFR :: 49 CFR Part 397 -- Transportation of Hazardous Materials (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. It is not an official legal edition of the CFR. will bring you to those results. Comments or questions about document content can not be answered by OFR staff. (iv) Emergency response capabilities. Any NRHM routing designation which affects another State or Indian tribe shall be established, maintained, or enforced only if: (i) It does not unreasonably burden commerce, and. Making the complex understandable, Erika Becklin has written on parenting, education, small business, manufacturing, food service, and travel as a small-business owner and manager since 1996. (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 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. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. 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. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. 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 have questions for the Agency that issued the current document please contact the agency directly. The US transportation legislation that governs the transport of hazardous materials such as fuel in the Hazardous Materials Table found in Title 49 CFR 172.101. (xiii) Congestion and accident history. (c) A State-designated route is effective when -. 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 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). Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Choosing an item from This is for Vermont only I dont know about other states. (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.
Transporting Gasoline and Diesel Fuel - New York State Department of 397.103 Requirements for State routing designations. 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. Group Y: Meets tests for Packing Groups (PG) II and III. Vehicles transporting fuel shall be equipped with at least one 10 pound fire extinguisher, either BC or ABC dry chemical, and mounted to be easily accessible. Radioactive material. 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. The official, published CFR, is updated annually and available below under (c) Except as provided in this subpart, the Administrator will only consider an application for a waiver of preemption determination if: (1) The applicant expressly acknowledges in its application that the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought is preempted by the Act or the regulations thereunder; or. In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart.
PDF TRANSPORTING GASOLINE AND DIESEL FUEL - New York State Department of Whether diesel is regulated largely depends on the type of packaging. Transfer Flow refueling tanks must be attended to at all times during loading and unloading by a qualified person as described respectively in 49 CFR 177.834 (i), (3), and (4) Refueling tanks must be retested every 2 1/2 years in accordance with 49 CFR 180.352. 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. Vehicular Transportation of Liquefied Petroleum Gas. Subpart C - Routing of Non-Radioactive Hazardous Materials.
eCFR :: 49 CFR Part 173 Subpart G -- Gases; Preparation and Packaging (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar.
Transportation Safety Rules | Georgia Department of Public Safety Her articles appear on eHow and Answerbag.
Transportation of Radioactive Material | US EPA If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Subparts C, D, and E also issued under 49 U.S.C. No.
. (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. 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. (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. Choosing an item from The eCFR is displayed with paragraphs split and indented to follow
CFR Title 49. Transportation 49 CFR 392.50 | FindLaw Washington, DC 20590 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . (6) Timeliness. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. Motor Carrier Registration & Credentials. 5112, 5125. OSHA & EPA Safe Storage Testing Requirements for a Helium Tank, Federal Motor Carrier Safety Administration: How to Comply with Federal Hazardous Materials Regulations. 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. (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. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . guide. 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. Act 387 of 2012, Regional Transit Authority Act. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Florida Statutes. The impact zone is the potential range of effects in the event of a release.
(a) Petition. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C.
As a (c) Safety cans that leak must be promptly removed from the mine.
PDF Commercial Motor Vehicle Guidebook - Indiana (iii) Types and quantities of NRHM. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 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. FMCSA. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. 397.77 Judicial review of dispute decision. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. (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. Secretary. Did you know DOT oversees the Nation's time zones? If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. 5125, or 397.69 or 397.203 of this part; and. You must also have good knowledge of safety and transport regulations. Navigate by entering citations or phrases An examination shall be made of the type and quantity of NRHM normally transported along highway routes which are included in a proposed NRHM routing designation, and consideration shall be given to the relative impact zone and risks of each type and quantity. 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. 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. (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. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. The can must be protected from damage during transport. 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. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. This contact form is only for website help or website suggestions.
Motor Fuel Transporters - Texas Comptroller of Public Accounts Upon receipt of a petition filed pursuant to paragraph (a) of this section, the Administrator may schedule a hearing to attempt to resolve the dispute and, if a hearing is scheduled, will notify all parties to the dispute of the date, time, and place of the hearing.