First, its important to understand the differences between bulk and non-bulk packaging. A copy of each order is placed on file in the public docket. (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. [/box] [box . Motor Bus Transportation Act Administrative Rules. [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. . Load Securement. 450b. (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. ( Texas Tax Code (TTC) 162.001) Exception: 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. 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. 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. (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. Subpart C - Routing of Non-Radioactive Hazardous Materials. ( c) Safety cans that leak must be promptly removed from the mine. [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]. (xii) Climatic conditions. (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. (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. Act 432 of 1982. Washington, DC 20590 [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. Any questions please call us at 1-800-773-3047. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. 397.3 State and local laws, ordinances, and regulations. [36 FR 4876, Mar. developer resources. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. This contact form is only for website help or website suggestions. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . (c) A driver of a motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must be in possession of, be familiar with, and be in compliance with. Vehicular Transportation of Liquefied Petroleum Gas. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 397.213 Waiver of preemption application. 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. February 27, 2023 at 3:00 a.m. EST. (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. Act 432 of 1982. NRHM. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. (e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway. After a petition for dispute resolution is filed in accordance with this section, no court action may be brought with respect to the subject matter of such dispute until a final decision has been issued by the Administrator or until the last day of the one-year period beginning on the day the Administrator receives the petition, whichever occurs first. Commerce. (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. 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. Learn more about the eCFR, its status, and the editorial process. 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. 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. Section 216.347 Disbursement of Grants and Aids Appropriations for Lobbying Prohibited. (3) The route 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. cans in your truck but not a 9 gal gas can. (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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. (ii) That the current routing presents a greater risk but less than 50 percent more risk to the public than the deviation under the proposed routing restriction, then the proposed routing restriction made by a State or Indian tribe shall only go into effect if it does not force a deviation of more than 25 miles or result in an increase of more than 25 percent of that part of a trip affected by the deviation, whichever is shorter, from the most direct route through a jurisdiction as compared to the intended deviation. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. 1200 New Jersey Avenue, S.E. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. Let's go over the standard DOT requirements for all CDL truck drivers. Background and more details are available in the (b) Each application filed under this section for a determination must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. william.chernicoff@dot.gov. The can must be protected from damage during transport. This contact form is only for website help or website suggestions. Requirements for motor carriers and drivers. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. will bring you to those results. 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. The Administrator may publish the determination or notice of the determination in the Federal Register. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. (d) Court actions. We recommend you directly contact the agency responsible for the content in question. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. An official website of the United States government Here's how you know. DOT Links: U.S. 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted. 5112, 5125. Motor Carrier Registration & Credentials. (c) A State-designated route is effective when -. In fact, a driver's age must exceed 21 to operate across state lines. from some of the hazardous material transportation requirements when transporting diesel for Use the navigation links in the gray bar above to view the table of contents that this content belongs to. 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) Facilities for food, fuel, repairs, rest, and safe havens. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. DOT & Safety Regulations. (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. Washington, DC 20590855-368-4200. Routing designation includes any regulation, limitation, restriction, curfew, time of travel restriction, lane restriction, routing ban, port-of-entry designation, or route weight restriction applicable to the highway transportation of hazardous materials over a specific highway route or portion of a route. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. (ii) Type of highway. site when drafting amendatory language for Federal regulations: (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. The 8 gallon thing is close but it is actually a maximum of 8 gal containers. The application filed with the Administrator must include a certification that the application complies with this paragraph and must include the names and addresses of each person to whom the application was sent. (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. Motor carrier. For instance, never fill a gas can when it's in the trunk of a vehicle or in the back of a pickup because fuel vapors tend to gather at the lowest point of . All containers shall be properly labeled. As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations. 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. Did you know DOT oversees the Nation's time zones? (2) Telephone numbers which will access emergency assistance in each State to be entered. If the risk analysis shows -. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 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. Chapter 287 Procurement of Personal Property and ServicesPart I. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. 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. If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. Contact Us. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. 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. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. As defined in 49 CFR 173.403, radioactive material means any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values of the table in 49 CFR 173.436 or values derived according to the instructions in 49 CFR 173.433. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. 13, 1971, unless otherwise noted. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel or Jet-A/Jet Fuel on public roadways per FEDERAL transportation requirements. This is an automated process for A separate drafting site Compliance with Federal motor carrier safety regulations. A separate drafting site A proud American manufacturer for over 25 years! Subparts C, D, and E also issued under 49 U.S.C. (3) Any affected State, political subdivision, or Indian tribe submitting written comments to the Administrator with respect to a petition filed under this section shall send a copy of the comments to the petitioner and certify to the Administrator as to having complied with this requirement. 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. 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. Radioactive material. (v) A statement by the person providing the training that information on the certificate is accurate. (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. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Department of Transportation (DOT) regulations assign the responsibility to the shipper (e.g., hospital) for properly packaging hazardous materials that are being transported offsite (see shipper's responsibility in 49 CFR 173.22 ). (b) The Federal standards are as follows: (1) Enhancement of public safety. result, it may not include the most recent changes applied to the CFR. If you work for a Federal agency, use this drafting The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. 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. Fuel Container Supply Procurement Sources. A copy of each decision will be placed on file in the public docket. 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. 206.20 Transportation of motor fuel over public highways.. The motor carrier shall maintain the receipt for a period of one year from the date of signature. full text search results We recommend you directly contact the agency responsible for the content in question. RENEWABLE FUEL STANDARD . (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. This document provides a brief overview of basic requirements and is not a substitute for Federal Motor Carrier Safety Regulations (FMCSR) or Hazardous Materials Regulations (HMR) in Title 49 of the U.S. Code of Federal Regulations (49 CFR). Secretary. Navigate by entering citations or phrases To be notified of upcoming rulemaking hearings or for questions or comments about the rule review schedule or a particular rule, please email DOT_Rules@state.co.us. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Please read below for more detail. Organization and Purpose (iii) Types and quantities of NRHM. (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. The present paper seeks to clarify and assess the obligations of governments to . (g) Record. Administrator means the Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency of the United States Department of Transportation, or his/her designate. 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.