16, 1998]. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. This table specifies that the transport of Gas (UN1203), including AV Gas/100LL, and other fuels with flashpoints less than 38C (100F) in bulk containers are subject to 49 CFR 173.242 (Bulk packaging for certain medium hazard liquids and solids, including solids with dual hazards). FMCSA. (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. The limits and applicability have evolved as follows: October 1993 Sulfur limited to a maximum of 500 ppm and aromatics to 10 percent or equivalent. or less - $300,000. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. 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. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (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. The population potentially exposed to an NRHM release shall be estimated from the density of the residents, employees, motorists, and other persons in the area, using United States census tract maps or other reasonable means for determining the population within a potential impact zone along a designated highway route. (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. (b) Reporting and publishing requirements. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. Motor carrier. 397.213 Waiver of preemption application. Contact Us. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. A fuel tank meeting the requirements of 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of the motor vehicle or its auxiliary equipment is not subject to the HMR with respect to its use on the vehicle. This is for Vermont only. Only transfer fuel in well ventilated areas. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. (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. Did you know DOT oversees the Nation's time zones? (a) Establishment of the transportation fuel monitoring and enforcement unit. (1) I N GENERAL.The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the "Unit"). Choosing an item from 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. Sign up for news, regulatory updates, compliance tips, deals and more. Washington, DC 20590 United States. (g) Record. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. 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. 397.69 Highway routing designations; preemption. If the risk analysis shows -. will bring you directly to the content. (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. When it comes to safe storage and transport, not all gasoline cans are equal. 397.3 State and local laws, ordinances, and regulations. (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. 1200 New Jersey Avenue, S.E. (d) A carrier (or a designated agent) who operates a motor vehicle which contains a package of highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall prepare a written route plan and supply a copy before departure to the motor vehicle driver and a copy to the shipper (before departure for exclusive use shipments, as defined in 49 CFR 173.403, or within fifteen working days following departure for all other shipments). (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. If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. 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. The fact that a determination has not been issued under this section with respect to a particular highway routing designation of a State, political subdivision thereof, or Indian tribe carries no implication as to whether the requirement is preempted under the Act or regulations issued thereunder. (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. (d) Before a motor carrier requires or permits a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3, as defined in 49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or its agent shall prepare a written route plan that complies with this section and shall furnish a copy to the driver. 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. 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. the hierarchy of the document. Vehicular Transportation of Liquefied Petroleum Gas. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. 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. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. The driver shall not operate the vehicle until the cause of the overheating is corrected. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (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. These requirements fall under the authority of the Federal Motor Carrier Safety Administration, a division of the DOT and cover the requirements for diesel fuel tank construction, mounting, testing and marking. will bring you to those results. This document is available in the following developer friendly formats: Information and documentation can be found in our (b) Filing. Any vehicle or equipment of which fuel is being transferred to must be turned off. (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. Organization and Purpose [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. 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 . (b) The Federal standards are as follows: (1) Enhancement of public safety. This is an automated process for Secure .gov websites use HTTPS You must also have good knowledge of safety and transport regulations. When transporting diesel fuel, many often wonder if placarding is required. Current Publication Date: Oct 2019. The Secretary of Transportation. More severe violations will involve fees. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. ( Texas Tax Code (TTC) 162.001) Exception: [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 -. 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. 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. You can learn more about the process 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 training will consist of general awareness training, job-specific training, security awareness and hazmat safety. (1) Every person hauling, transporting, or conveying motor fuel over any of the public highways of this state must, during the entire time he or she is so engaged, have in his or her possession an invoice or delivery ticket, bill of sale, or other record evidence showing the true . U.S. Phone: 202-366-4702 5101 et seq., formerly known as the Hazardous Materials Transportation Act. As a A separate drafting site (xi) Delays in transportation. In fact, a driver's age must exceed 21 to operate across state lines. (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. State Requirements. Act 196 of 1986, Public Transportation Authority Act. Florida Statutes. An Interstate System bypass or Interstate System beltway around a city, when available, shall be used in place of a preferred route through a city, unless a State routing agency has designated an alternative route.