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. This is an automated process for This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . RENEWABLE FUEL STANDARD . In evaluating an application, the Administrator may consider any other source of information. (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. This contact form is only for website help or website suggestions. 206.20 Transportation of motor fuel over public highways.. DOT Regulations for Mobile Fuel Containers. According to CFR 49, 130, a vehicle transporting more than 42,000 gallons of oil per container or in a container with a capacity over 3,500 gallons must have shipping papers in the vehicle stating the transport oil or the specific type of fuel. 5112, 5125. 397.73 Public information and reporting requirements. Office of the General Counsel. Comments or questions about document content can not be answered by OFR staff. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. FAR). The impact zone is the potential range of effects in the event of a release. The petition filed with the Administrator must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. contact the publishing agency. Title 30 was last amended 2/15/2023. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. Federal Motor Carrier Safety Administration, Transporting Hazardous Materials by Highway, United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics, HazMat General Information_FINAL_508c.pdf. 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. 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. user convenience only and is not intended to alter agency intent (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. (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 Administrator may publish the decision or notice of the decision in the Federal Register. 397.213 Waiver of preemption application. (3) The driver has in his or her immediate possession the route plan required by paragraph (d) of this section and operates the motor vehicle in accordance with the route plan. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. The present paper seeks to clarify and assess the obligations of governments to . (9) Factors to consider. Q. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Senate Bill ( SB) 486, Section 6, Statutes of 2014, (changed California Government Code 14526) requires that Caltrans in consultation with the California Transportation Commission (CTC) prepare a robust asset management plan to guide the selection of projects in the State Highway Operation and Protection Program (SHOPP). (viii) Continuity of routes. Basic Gas Can Safety . formatting. When it comes to safe storage and transport, not all gasoline cans are equal. [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. (d) Court actions. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. It is not an official legal edition of the CFR. Secure .gov websites use HTTPS (b) No more than one safety can shall be transported on a vehicle at any time. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. Learn more about the eCFR, its status, and the editorial process. 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) Upon consideration of the application and other relevant information received, the Administrator issues a determination. State means 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, Guam, or any other territory or possession of the United States designated by the Secretary. information or personal data. (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. The official, published CFR, is updated annually and available below under 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. This is an automated process for The State or Indian tribe shall utilize the procedures established in paragraphs (b)(2) and (b)(3) of this section in meeting these requirements. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Navigate by entering citations or phrases In case of emergency, certain information must be kept with the shipping papers throughout shipment. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 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. (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. (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. Traffic conditions unique to a highway routing such as: traffic congestion; accident experience with motor vehicles, traffic considerations that could affect the potential for an accident, exposure of the public to any release, ability to perform emergency response operations, or the temporary closing of a highway for cleaning up any release shall be given appropriate consideration. (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. 49 CFR 172.101 Stay current on the critical safety and compliance news that impacts your business. 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. (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. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. This document is available in the following developer friendly formats: Information and documentation can be found in our Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. If that is the case, what you have are bulk packagings of a hazardous . Those not in commerce (e.g. will bring you directly to the content. You are using an unsupported browser. 2 . Steward: . 49 CFR 173.150 states that a flammable liquid with a flash point at or above 38 C (100 F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. Pressing enter in the search box (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. (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. Share sensitive information only on official, secure websites. The documents must include the names and telephone numbers of persons (including representatives of carriers or shippers) to be contacted, the nature of the explosives being transported, and the precautions to be taken in emergencies such as fires, accidents, or leakages. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Oil Spill Prevention and Response Plan. (xi) Delays in transportation. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Secretary. (v) A statement by the person providing the training that information on the certificate is accurate. The analysis of the emergency response capabilities shall be based upon the proximity of the emergency response facilities and their capabilities to contain and suppress NRHM releases within the impact zones. More severe violations will involve fees. A1. (a) Public information. Utah Administrative Rules for Motor Carriers. [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]. This allows a farmer to be expempted . In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. from some of the hazardous material transportation requirements when transporting diesel for Depending on the severity, the DOT can fine both the driver and carrier anywhere from $1,000 up to a maximum of $11,000. Each petition for dispute resolution filed under this section must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 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. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. 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. J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. Federal Motor Carrier Safety Regulations. You must also have good knowledge of safety and transport regulations. Your diesel fuel container color matters as well. (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. 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 CFR 1.1 cans in your truck but not a 9 gal gas can. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November 14, 1994, and maintains or enforces such designation, shall comply with the highway routing standards set forth in 397.71 of this subpart. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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. (8) Responsibility for local compliance. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. (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 Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. SE, Washington, DC 20590-0001, or by email to HMRouting@dot.gov. DOT Requirements The Department of Transportation's (DOT) requirements for diesel fuel tanks fall under three parts: Part 393.67, Part 571.301 and Part 393.65. Indian tribe. PHMSA Regulations. 397.2 Compliance with Federal motor carrier safety regulations. 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. . Title 49 was last amended 2/03/2023. (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. The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. (Or, to transport hazardous materials over state lines.) A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. All other safety cans must be stored in permanent underground diesel fuel storage facilities. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. Only transfer fuel in well ventilated areas. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. (2) No person may fill and offer for transportation a portable . 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. Each container must be marked and labeled. A separate drafting site (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. 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. 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. The Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency within the United States Department of Transportation, or his/her designate. Did you know DOT oversees the Nation's time zones? (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist -, (1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and, (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and.