A copy of this notice may also be sent to all affected political subdivisions. Every motor vehicle containing hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint. (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. (c) Safety cans that leak must be promptly removed from the mine. See 49 CFR 393.65 for requirements that . (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. [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]. 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. (c) A State-designated route is effective when -. The eCFR is displayed with paragraphs split and indented to follow (a) Except as provided in paragraph (b) of this section, a motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. Subpart D - Routing of Class 7 (Radioactive) Materials. Employees must complete refresher hazmat training every three years or whenever there is a change in job function. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . (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. The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. Utah Code for Motor Carriers. SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. Washington, DC 20590855-368-4200. (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 . "Published Edition". Receive email updates about the latest in Safety, Innovation, and Infrastructure. Office of the General Counsel. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. 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. A proud American manufacturer for over 25 years! 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. (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. (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). 2 Diesel Fuel and Jet-A/Jet Fuel BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the . (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. (2) The driver has in his or her immediate possession a certificate of training as evidence of training required by this section, and a copy is placed in his or her qualification file (see 391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (iii) The name and address of the person providing the training; (iv) That the driver has been trained in the hazards and characteristics of highway route controlled quantity of Class 7 (radioactive) materials; and. Navigate by entering citations or phrases (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. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. [1] This document may be obtained from Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. As a Vehicular Transportation of Liquefied Petroleum Gas. 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. You can 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. will also bring you to search results. The motor carrier shall maintain the receipt for a period of one year from the date of signature. (ii) Does not exceed the shortest-distance pickup or delivery route by more than 25 miles and does not exceed 5 times the length of the shortest-distance pickup or delivery route. Regulation Y 397.73 Public information and reporting requirements. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Diesel fuel is classified as a flammable liquid in the hazardous materials table (172.101), but in most instances may be reclassified as a combustible liquid if it has a flash point at or above 100 F (38 C). Q. (j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of 75.1003-2 must be followed. 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. Motor carrier. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. 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. PHMSA Regulations. United States, Email: Transportation.RegulatoryInfo@dot.gov Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. (Or, to transport hazardous materials over state lines.) (a) Public information. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. It is not an official legal edition of the CFR. contact the publishing agency. We help ensure safe, respectful workplaces, job sites and highways. (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. (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. Routing designations. 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. 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. You are using an unsupported browser. Please do not provide confidential 450b. site when drafting amendatory language for Federal regulations: The training will consist of general awareness training, job-specific training, security awareness and hazmat safety. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. (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. This is for Vermont only. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. Act 432 of 1982. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. This note gives guidance on the regulations and main exemptions for transporting diesel, petrol and kerosene privately or for work. What skills will I need to do this job? 5112, 5125. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. Comments or questions about document content can not be answered by OFR staff. 5.1.7 Fuel Systems (393 Subpart E) Fuel systems include the fuel tanks and lines that supply fuel to a motor vehicle's engine. Notice for both the comment period and the public hearing, if one is held, shall be given by publication in at least two newspapers of general circulation in the affected area or areas and shall contain a complete description of the proposed routing designation, together with the date, time, and location of any public hearings. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. 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. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 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. will bring you directly to the content. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination.