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(8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. The present paper seeks to clarify and assess the obligations of governments to . Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). (a) Public information. (b) Reporting and publishing requirements. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. However, the driver may prepare the written plan as agent for the motor carrier when the trip begins at a location other than the carrier's terminal. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. 397.213 Waiver of preemption application. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. citations and headings Routing designations. Consideration shall be given to the amount of time during which an area will experience a heavy population density. This web site is designed for the current versions of UN 31A GROUP Y INTERMEDIATE BULK CONTAINER (IBC). The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. Navigate by entering citations or phrases (e) Hearings; alternative dispute resolution. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. The agricultural exception is covered in 49 CFR 173.500. 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. NWCG Standards for Transporting Fuel, PMS 442. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. user convenience only and is not intended to alter agency intent Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. (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. (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. Read this complete Code of Federal Regulations Title 49. of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. Transporters of fuel must comply with certain communication requirements set by the DOT. information or personal data. will bring you to those results. (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 State or Indian tribe shall make a finding, supported by the record to be developed in accordance with paragraphs (b)(2)(ii) and (b)(3)(iv) of this section, that any NRHM routing designation enhances public safety in the areas subject to its jurisdiction and in other areas which are directly affected by such highway routing designation. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. (f) Decision. Only transfer fuel in well ventilated areas. (a) The Administrator may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. (4) Clearly set forth the dispute for which resolution is sought, including a complete description of any disputed NRHM routing designation and an explanation of how the disputed routing designation affects the petitioner or how it impedes through highway routing. [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 -. (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 suppression device that meets the requirements of 75.1107-3 through 75.1107-6, and 75.1107-8 through 75.1107-16. The official, published CFR, is updated annually and available below under [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. (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. 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. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. (c) The Administrator may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required by paragraph (a) of this section is not impracticable, or that notice should be published in the Federal Register. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. or less - $300,000. 1200 New Jersey Avenue, SE Routing of Non-Radioactive Hazardous Materials. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. U.S. learn more about the process here. Hazardous Materials Regulations. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. 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. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. Use DOT-approved gas cans for safe fuel transport and storage. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. OSHA & EPA Safe Storage Testing Requirements for a Helium Tank, Federal Motor Carrier Safety Administration: How to Comply with Federal Hazardous Materials Regulations. California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. At any time during this period or following review of the comments received, the State or Indian tribe shall decide whether to hold a public hearing on the proposed NRHM route designation. (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with 397.223. (9) Factors to consider. 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 ). (4) Through routing. . Motor vehicle. (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. The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. [36 FR 4876, Mar. 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. Q. (v) Results of consultation with affected persons. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. Pressing enter in the search box All other safety cans must be stored in permanent underground diesel fuel storage facilities. (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. (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. Previous Edition: Apr 2011. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. AGRICULTURE USE. No changes found for this content after 1/03/2017. In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. (1) Except as otherwise provided in this subpart, no person may use a portable tank for the transportation of a hazardous material unless it meets the requirements of this subchapter. Chapter 119 Public Records. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. (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. (ii) It is agreed to by the affected State or Indian tribe within 60 days of receipt of the notice sent pursuant to paragraph (b)(3)(i) of this section, or it is approved by the Administrator pursuant to 397.75. 2 . 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). 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada . (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. Commercial Driver License. developer resources. (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. Portable five (5) gallon cans transported on any . FMCSA. 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. 450b. [36 FR 4876, Mar. (7) Reasonable routes to terminals and other facilities. The motor carrier shall maintain the receipt for a period of one year from the date of signature. (2) Identify the State or Indian tribe filing the petition and any other State, political subdivision, or Indian tribe whose NRHM routing designation is the subject of the dispute. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. A municipality, public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. (6) Timeliness. [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. 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. (2) No person may fill and offer for transportation a portable . If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Choosing an item from 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. 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. The Administrator may publish the decision or notice of the decision in the Federal Register. Share sensitive information only on official, secure websites. Act means 49 U.S.C. Florida Statutes. It is not an official legal edition of the CFR. Variation for security purposes from the requirements of this section is permitted so far as necessary to meet the requirements imposed under such a plan, or otherwise imposed by the U.S. Nuclear Regulatory Commission in 10 CFR part 73. Washington, DC 20590855-368-4200. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. Commerce. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Share sensitive information only on official, secure websites. (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. Therefore, when diesel is transported in non-bulk packaging, a placard is not required.However, when diesel is transported in bulk packaging, it is regulated and does require placarding. Act 387 of 2012, Regional Transit Authority Act. 1 CFR 1.1 All of the Government of Canada's acts and regulations can be found on the Justice Canada website. Applicable to on and off-road vehicles but not . [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. (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. The distance to sensitive areas shall be considered. A copy of each order is placed on file in the public docket. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. February 27, 2023 at 3:00 a.m. EST. It is not an official legal edition of the CFR. You are using an unsupported browser. (ii) The DOT Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials, DOT/RSPA/OHMT-89-02, July 1989[1] or its most current version; or an equivalent routing analysis which adequately considers overall risk to the public.