(a) A motor carrier that transports Division 1.1, 1.2, or 1.3 (explosive) materials must furnish the driver of each motor vehicle in which the explosives are transported with the following documents: (3) A document containing instructions on procedures to be followed in the event of accident or delay. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. 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 ). (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. (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. DOT Links: U.S. Diesel is assigned to Transport Category 3 in ADR, which permits carriage of up to 1,000 litres in UN-approved packages per transport unit (a motor vehicle with or without an attached trailer . (2) Receipt thereof is acknowledged in writing by the FMCSA. https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. (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. (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. When it comes to safe storage and transport, not all gasoline cans are equal. Choosing an item from The can must be protected from damage during transport. Utah Administrative Rules for Motor Carriers. (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. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. (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. 1200 New Jersey Avenue, S.E. Displaying title 49, up to date as of 3/02/2023. The driver shall not operate the vehicle until the cause of the overheating is corrected. (f) Decision. The State shall make available to the public, upon payment of prescribed costs, copies of the transcript of the hearing, which shall include all exhibits and documents presented during the hearing or submitted for the record. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. formatting. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. (f) A person may transport irradiated reactor fuel only in compliance with a plan if required under 49 CFR 173.22(c) that will ensure the physical security of the material. 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. United States, Email: Transportation.RegulatoryInfo@dot.gov Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. (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. 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. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. Any trade, traffic, or transportation in the United States which: (1) Is between a place under the jurisdiction of a State or Indian tribe and any place outside of such jurisdiction; or. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. (8) Responsibility for local compliance. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. FAR). 2 . The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). (e) No person may transport a package of highway route controlled quantity of Class 7 (radioactive) materials on a public highway unless: (1) The driver has received within the two preceding years, written training on: (i) Requirements in 49 CFR parts 172, 173, and 177 pertaining to the Class 7 (radioactive) materials transported; (ii) The properties and hazards of the Class 7 (radioactive) materials being transported; and. The distance to sensitive areas shall be considered. You are using an unsupported browser. 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. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. Requirements for motor carriers and drivers. 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. (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. AGRICULTURE USE. 1/1.1 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 450b. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. (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. The present paper seeks to clarify and assess the obligations of governments to . Is the 350-gallon diesel fuel tank subject to the HMR? Search & Navigation 5101 et seq., formerly known as the Hazardous Materials Transportation Act. In addition, the State or Indian tribe shall make a finding, supported by a risk analysis conducted in accordance with paragraph (b)(1) of this section, that the routing designation enhances public safety. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. 5103, 31136, 31502, and 49 CFR 1.97. Q1. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Share sensitive information only on official, secure websites. (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. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . [79 FR 59457, Oct. 2, 2014, as amended at 81 FR 68358, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. 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. A sole owner, partnership, corporation or other organization transporting gasoline or diesel fuel in Texas as a motor fuel transporter using truck, railroad tank car or marine vessel outside the bulk transfer/terminal system is required to be licensed by the Comptroller's office. We help ensure safe, respectful workplaces, job sites and highways. (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. 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 . 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 . 5101 et seq. This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . View the most recent official publication: These links go to the official, published CFR, which is updated annually. The State or Indian tribe shall utilize the procedures established in paragraphs (b)(2) and (b)(3) of this section in meeting these requirements. (2) he or she requests additional information from the applicant and it is not submitted. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. 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. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. FAR). When transporting diesel fuel, many often wonder if placarding is required. DOT Regulations for Mobile Fuel Containers. The Clean Air Act requires EPA to regulate fuels and fuel additives for use in motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if such fuel, fuel additive or any emission products causes or contributes to air or water pollution that may endanger the public health or welfare. Special Provision B1 specifies that materials with flash-points above 38C (100F) and lower than 93C (200F) are subject to 49 CFR 173.241 (Bulk packaging for certain low hazard liquid and solid materials). (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. (b) Unless otherwise ordered by the Administrator, an application for a preemption determination which includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. (vi) Exposure and other risk factors. 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. 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. Previous Edition: Apr 2011. 13, 1971, unless otherwise noted. CDOT focuses on certain rules for mandatory rule review pursuant to SB14-063. or existing codification. NWCG Standards for Transporting Fuel. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. We recommend you directly contact the agency responsible for the content in question. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. will also bring you to search results. Propane transportation limits change depending on the type of vehicle you . The TransCube is authorized for . It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . Background and more details are available in the A1. (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. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. 450b. 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. (2) Public participation. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall undertake the following actions to ensure participation by the public in the routing process: (i) The State or Indian tribe shall provide the public with notice of any proposed NRHM routing designation and a 30-day period in which to comment. Storage materials you should avoid include tin, copper, lead, zinc and brass. 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. (2) A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. (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 . It is applicable in Great Britain and Northern Ireland . Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. (a) A motor vehicle containing hazardous materials must not be operated near an open fire unless its driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. 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. (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. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. Policy. (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. Commerce. NWCG Standards for Transporting Fuel, PMS 442. PHMSA is responsible for regulating and ensuring the safe and secure movement of hazardous materials to industry and consumers by all modes of transportation, including pipelines. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. It is not an official legal edition of the CFR. If you have questions for the Agency that issued the current document please contact the agency directly. Official websites use .govA .gov website belongs to an official government organization in the United States. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. Pressing enter in the search box 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. What skills will I need to do this job? Basic Gas Can Safety . (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 1 CFR 1.1 (a) General requirements. (2) The motor carrier or the person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall select routes to reduce time in transit over the preferred route segment of the trip. (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. (2) Does not unreasonably burden commerce. result, it may not include the most recent changes applied to the CFR. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. The agricultural exception is covered in 49 CFR 173.500. (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. (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. 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. 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. (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. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994; 78 FR 58486, Sept. 24, 2013], (a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -. If you work for a Federal agency, use this drafting (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. 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. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. (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. But, confusion arises for diesel in first determining if it is . (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 . Act means 49 U.S.C. The eCFR is displayed with paragraphs split and indented to follow Steward: . U.S. (7) Reasonable routes to terminals and other facilities. (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. Alternative routes shall be examined, reviewed, or evaluated to the extent necessary to demonstrate that the most probable alternative routing resulting from a routing designation is safer than the current routing. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. Regulations. the hierarchy of the document. She holds a Bachelor of Arts in English with a focus on professional and technical writing from the University of South Florida. The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. Share sensitive information only on official, secure websites. (b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. 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. A non-radioactive hazardous material transported by motor vehicle in types and quantities which require placarding, pursuant to Table 1 or 2 of 49 CFR 172.504. (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. 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. (b) Filing. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. You can 397.5 Attendance and surveillance of motor vehicles. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. SE, Washington, DC 20590-0001. Your diesel fuel container color matters as well. Learn more about our story. Routing agency. Each of these two fire extinguishers shall be a portable twenty-pound multipurpose dry-chemical type fire extinguisher maintained in accordance with MSHA regulations. 5112, 5125. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. (c) Safety cans that leak must be promptly removed from the mine. 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. An official website of the United States government Here's how you know. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. (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. Comments or questions about document content can not be answered by OFR staff. (2) The highway routing designation of the State, political subdivision thereof, or Indian tribe has been determined by a court of competent jurisdiction or in a determination issued pursuant to 397.211 to be preempted by the Act or the regulations issued thereunder. The E-Cube Mobile is authorized for the . (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. (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. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. guide. 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. Copyright year J. J. Keller & Associates, Inc. All rights reserved. (3) Consultation with others. Section 112.061 Per diem and Travel Expenses of Public Officers, Employees, and Authorized Persons; Statewide travel management system. Enhanced content is provided to the user to provide additional context. DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. full text search results (v) A statement by the person providing the training that information on the certificate is accurate. (1) The State gives written notice to the Federal Motor Carrier Safety Administration: (ii) By certified mail, return receipt requested, to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. If no agreement is reached, the Administrator may take the matter under consideration and announce his or her decision in accordance with paragraph (f) of this section.