(a) Public information. (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. (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. In making such a finding, the State or Indian tribe shall consider: (i) The factors listed in paragraph (b)(9) of this section; and. (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. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. (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 . 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. For purposes of this subpart, any highway routing designation affecting the highway transportation of NRHM, made by a political subdivision of a State is considered as one made by that State, and all requirements of this subpart apply. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 16, 1998]. (iii) The State or Indian tribe shall attempt to resolve any concern or disagreement expressed by any consulted official related to the proposed routing designation. or less - $300,000. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle. Load Securement. (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. The public shall be given 30 days prior notice of the public hearing which shall be conducted as described in paragraph (b)(2)(ii) of this section. (6) Timeliness. February 27, 2023 at 3:00 a.m. EST. Deviations from the most direct route shall be minimized. (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. The impact zone is the potential range of effects in the event of a release. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. Any NRHM routing designation which affects another State or Indian tribe shall be established, maintained, or enforced only if: (i) It does not unreasonably burden commerce, and. The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. 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. 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. (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. If road signs are used, those signs and their placements must comply with the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration (FHWA), particularly the Hazardous Cargo signs identified as R14-2 and R14-3 shown in Section 2B-62 of that Manual. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. 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. Share sensitive information only on official, secure websites. user convenience only and is not intended to alter agency intent (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. (iv) The State or Indian tribe shall keep a record of the names and addresses of the officials notified pursuant to this section and of any consultation or meeting conducted with these officials or their representatives. (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 Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. (c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Act or any regulation issued under the Act. Utah Code for Motor Carriers. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. 1/1.1 It is not an official legal edition of the CFR. If the risk analysis shows -. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. (ii) The manner in which consultation under this paragraph is conducted is left to the discretion of the State or Indian tribe. 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. (viii) Continuity of routes. 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. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. Secure .gov websites use HTTPS (i) Has been designated by the carrier to attend the vehicle; (ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends; (iii) Has been instructed in the procedures he/she must follow in emergencies; and. State. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. The can must be protected from damage during transport. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. U.S. Political subdivision includes a municipality; a 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. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. A proud American manufacturer for over 25 years! result, it may not include the most recent changes applied to the CFR. 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. (2) The driver has in his or her immediate possession a certificate of training as evidence of training required by this section, and a copy is placed in his or her qualification file (see 391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (iii) The name and address of the person providing the training; (iv) That the driver has been trained in the hazards and characteristics of highway route controlled quantity of Class 7 (radioactive) materials; and. See 49 CFR 393.65 for requirements that . (2) Include with the application filed with the Administrator a description of the persons or class or classes of persons to whom notice was not sent. SE, Washington, DC 20590-0001. (v) A statement by the person providing the training that information on the certificate is accurate. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. 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 NRHM over a specific highway route or portion of a route. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. Companies that transport hazardous materials, including fuel, over the road are required to register with the DOT every year. Current Publication Date: Oct 2019. This is for Vermont only I dont know about other states. The training will consist of general awareness training, job-specific training, security awareness and hazmat safety. Use DOT-approved gas cans for safe fuel transport and storage. (d) Once the Administrator has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. 397.3 State and local laws, ordinances, and regulations. 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. 5112, 5125. Official websites use .govA .gov website belongs to an official government organization in the United States. The Pipeline and Hazardous Materials Safety Administration (PHMSA . Routing agency. But, confusion arises for diesel in first determining if it is . This web site is designed for the current versions of If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. State Requirements. In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. Employers are responsible to see that hazmat employees are trained adequately. You can [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 petition must be filed within 20 days of service of the determination or order issued under the above sections. 397.5 Attendance and surveillance of motor vehicles. When it comes to safe storage and transport, not all gasoline cans are equal. Motor carrier. For purposes of this subpart, the following definitions apply: Administrator. (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. "Published Edition". Follow us on Facebook (opens a new window), Follow us on Twitter @JJKeller (opens a new window), Follow us on LinkedIn (opens a new window), Subscribe to our YouTube channel (opens a new window), Skip global navigation and go to main content, J. J. Keller Encompass Fleet Management System, 200-gallon Intermediate bulk container (IBC). The term through highway routing as used in this paragraph means that the routing designation must ensure continuity of movement so as to not impede or unnecessarily delay the transportation of NRHM. 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). Regulation Y The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. (1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible; (2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or. the hierarchy of the document. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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. (2) he or she requests additional information from the applicant and it is not submitted. learn more about the process here. (3) Consultation with others. Washington, DC 20590 49 U.S.C. 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. To be notified of upcoming rulemaking hearings or for questions or comments about the rule review schedule or a particular rule, please email [email protected]. [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]. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. This is for Vermont only. Share sensitive information only on official, secure websites. (d) The Administrator serves a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Administrator as one who may be affected by the order. (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. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. (d) When the Administrator has received all substantive information necessary to process an application for a waiver of preemption determination, notice of that fact will be served upon the applicant. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. citations and headings Basic Gas Can Safety . Section 112.061 Per diem and Travel Expenses of Public Officers, Employees, and Authorized Persons; Statewide travel management system. 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. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. here. 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.