(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. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. 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. [57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 77 FR 59828, Oct. 1, 2012; 78 FR 58485, Sept. 24, 2013; 81 FR 68359, Oct. 4, 2016]. (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. citations and headings 1200 New Jersey Avenue, SE (3) The applicant fails to provide the notice required by this subpart. 1/1.1 (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. 5112, 5125. The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. (a) If the applicant is other than a State, political subdivision thereof, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision thereof, or Indian tribe concerned, accompanied by a statement that comments may be submitted regarding the application to the Administrator within 45 days. A carrier's safety rating can also be affected. Notice for both the comment period and any public hearing may also be published in the official register of the State. See 49 CFR 393.65 for requirements that . 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. 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. Special populations such as schools, hospitals, prisons, and senior citizen homes shall, among other things, be considered when determining the potential risk to the populations along a highway routing. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. citations and headings user convenience only and is not intended to alter agency intent 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. 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 . (d) A list of State-designated preferred routes and a copy of the Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. The TransCube is authorized for . No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of -, (a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or. here. For purposes of this subpart, the following definitions apply: Administrator. . This bulletin includes guidance on how to comply with Canada's regulations for transporting oil, fuels, and oil or fuel by-products such as waste oil. (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. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). 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. FMCSA. 397.3 State and local laws, ordinances, and regulations. An official website of the United States government Here's how you know. information or personal data. (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). When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. Read this complete Code of Federal Regulations Title 49. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. Share sensitive information only on official, secure websites. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Radioactive material. (e) Any 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. 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. Choosing an item from (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. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. (eg: (Or, to transport hazardous materials over state lines.) [36 FR 4876, Mar. 1 CFR 1.1 Copyright year J. J. Keller & Associates, Inc. All rights reserved. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title. 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. Group Y: Meets tests for Packing Groups (PG) II and III. Previous Edition: Apr 2011. contact the publishing agency. 1200 New Jersey Avenue, S.E. [36 FR 4876, Mar. FAR). (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. You are using an unsupported browser. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . 397.101 Requirements for motor carriers and drivers. DOT Links: U.S. (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. 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. Routing designations. DOT 406 tank is also suitable for the transport of No. 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. 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. 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. Comments or questions about document content can not be answered by OFR staff. (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"). 397.69 Highway routing designations; preemption. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. Vehicle with refueling tank installed must be turned off when transferring fuel. Transporters of fuel must comply with certain communication requirements set by the DOT. Propane transportation limits change depending on the type of vehicle you . Load Securement. 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. Office of the General Counsel. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. (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. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. 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. Scope This bulletin is intended for authorized representatives, owners and operators, masters and crew of oil tankers and vessels carrying oil and fuels in tanks on deck (including cargo barges . Please read below for more detail. (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. will bring you to those results. 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. Portable five (5) gallon cans transported on any . The distance to sensitive areas shall be considered. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (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. (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. 397.67 Motor carrier responsibility for routing. UL 142 AND 2085: Underwriters Laboratories (UL) standards 142 and 2085 DO NOT APPLY to mobile fuel storage containers, only to stationary above-ground storage tanks as specified in the scope of the UL 142 standard, part 1.7. Washington, DC 20590 The establishment of an NRHM routing designation by any State or Indian tribe shall be completed within 18 months of the notice given in either paragraph (b)(2) or (b)(3) of this section, whichever occurs first. Let's go over the standard DOT requirements for all CDL truck drivers. 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 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. 35 FR 17890, Nov. 20, 1970, unless otherwise noted. Routing of Non-Radioactive Hazardous Materials. 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. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. The can must be protected from damage during transport. 397.213 Waiver of preemption application. When transporting diesel fuel in a container other than a safety can, a fire extinguisher shall be provided on each end of the transportation unit (two extinguishers required.) View the most recent official publication: These links go to the official, published CFR, which is updated annually. Choosing an item from 397.103 Requirements for State routing designations. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. Background and more details are available in the (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.
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