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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. 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. (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. (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view. (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. Electronic Code of Federal Regulations (e-CFR), CHAPTER I - MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR, SUBCHAPTER O - COAL MINE SAFETY AND HEALTH, PART 75 - MANDATORY SAFETY STANDARDS - UNDERGROUND COAL MINES. It is applicable in Great Britain and Northern Ireland . [59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012], (a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances -. The petition must be filed within 20 days of service of the determination or order issued under the above sections. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. Act 279 of 1909, The Home Rule City Act. All other safety cans must be stored in permanent underground diesel fuel storage facilities. 35 FR 17890, Nov. 20, 1970, unless otherwise noted. 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. Topography along and adjacent to the proposed NRHM routing designation that may affect the potential severity of an accident, the dispersion of the NRHM upon release and the control and clean up of NRHM if released shall be considered. Utah Code for Motor Carriers. 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. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. Propane transportation limits change depending on the type of vehicle you . (x) Effects on commerce. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. 397.73 Public information and reporting requirements. (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. from some of the hazardous material transportation requirements when transporting diesel for The driver shall not operate the vehicle until the cause of the overheating is corrected. (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. 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. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. 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. 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. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. (2) Is solely within a place under the jurisdiction of a State or Indian tribe but which affects trade, traffic, or transportation described in subparagraph (a). In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. 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. 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. householders) are not subject to DOT regulations. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58485, Sept. 24, 2013; 87 FR 59037, Sept. 29, 2022]. Details. Transporting Hazardous Materials by Highway. A locked padlock) or https:// means you've safely connected to the .gov website. (b) Except as otherwise permitted in this paragraph and in paragraph (f) of this section, a carrier or any person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall operate the motor vehicle only over preferred routes. (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) 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. Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. 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. RENEWABLE FUEL STANDARD . (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. (d) Court actions. Business Hours:9:00am-5:00pm ET, M-F. ( c) Safety cans that leak must be promptly removed from the mine. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. Regulation Y (b) A person must be in control of the fueling process at the point where the fuel tank is filled. (a) Public information. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (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. (3) Contain a certification that the petitioner has complied with the notification requirements of paragraph (c) of this section, and include a list of the names and addresses of each State, political subdivision, or Indian tribe official who was notified of the filing of the petition. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . Motor Bus Transportation Act Administrative Rules. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. The training will consist of general awareness training, job-specific training, security awareness and hazmat safety. (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. 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. This note gives guidance on the regulations and main exemptions for transporting diesel, petrol and kerosene privately or for work. (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. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (5) Agreement of other States; burden on commerce. 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). (ix) Alternative routes. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. Notice for both the comment period and any public hearing may also be published in the official register of the State. All containers shall be properly labeled. Title 30 was last amended 2/15/2023. (b) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways. See 49 CFR 393.65 for requirements that . 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. (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. You are using an unsupported browser. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. (d) Once the Administrator has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. (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. Nothing in this section shall be construed as prohibiting the parties from settling the dispute or seeking other methods of alternative dispute resolution prior to the final decision by the Administrator. (a) Petition. (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. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. We help ensure safe, respectful workplaces, job sites and highways. U.S. 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. You must also have good knowledge of safety and transport regulations. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. 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. 206.20 Transportation of motor fuel over public highways.. Only transfer fuel in well ventilated areas. Hazardous material. This document is available in the following developer friendly formats: Information and documentation can be found in our Regulations. switch to drafting.ecfr.gov. Email: Transportation.RegulatoryInfo@dot.gov Phone: 202-366-4702 Business Hours: 9:00am-5:00pm ET, M-F. (2) No person may fill and offer for transportation a portable . Information on NRHM routing designations must be made available by the States and Indian tribes to the public in the form of maps, lists, road signs or some combination thereof. 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. (6) Timeliness. (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. A copy of each determination is placed on file in the public docket. If that is the case, what you have are bulk packagings of a hazardous . The in-page Table of Contents is available only when multiple sections are being viewed. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. FAR). At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . (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. She holds a Bachelor of Arts in English with a focus on professional and technical writing from the University of South Florida. [36 FR 4876, Mar. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. (1) On or within 5 feet of the traveled portion of a public street or highway; (2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; 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 suppression device that meets the requirements of 75.1107-3 through 75.1107-6, and 75.1107-8 through 75.1107-16. 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 . (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. Act means 49 U.S.C. (e) Hearings; alternative dispute resolution. The Administrator may publish the decision or notice of the decision in the Federal Register. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans.
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