Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. [36 FR 4876, Mar. (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. Choosing an item from The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. (v) A statement by the person providing the training that information on the certificate is accurate. will also bring you to search results. If the Administrator fails to take action on the application within 90 days of serving the notice required by 397.217(d), the applicant may treat the application as having been denied in all respects. 16, 1998]. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. The Administrator may publish the order or notice of the order in the Federal Register. 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. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. [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. 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. For purposes of this subpart, the following definitions apply: Administrator. State Requirements. Secretary. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. Background and more details are available in the It is not an official legal edition of the CFR. Email: Transportation.RegulatoryInfo@dot.gov Phone: 202-366-4702 Business Hours: 9:00am-5:00pm ET, M-F. 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. (2) Public participation. Act means 49 U.S.C. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. The route plan shall contain: (1) A statement of the origin and destination points, a route selected in compliance with this section, all planned stops, and estimated departure and arrival times; and. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. DOT Links: U.S. To expedite processing your account, you may also fax the form to (603) 271-6085 or e-mail it . citations and headings The in-page Table of Contents is available only when multiple sections are being viewed. DOT Requirements The Department of Transportation's (DOT) requirements for diesel fuel tanks fall under three parts: Part 393.67, Part 571.301 and Part 393.65. [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 -. Compliance with Federal motor carrier safety regulations. 397.77 Judicial review of dispute decision. FAR). Consideration shall be given to the amount of time during which an area will experience a heavy population density. (ii) If it is determined that a public hearing is necessary, the State or Indian tribe shall hold at least one public hearing on the record during which the public will be afforded the opportunity to present its views and any information or data related to the proposed NRHM routing designation. DOT 406 tank is also suitable for the transport of No. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. 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. Fuel systems for commercial vehicles and auxiliary equipment are subject to location, installation, and other requirements that ensure drivers and other road users stay safe. . (6) Timeliness. 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. (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. So employees thrive. (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. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 206.20 Transportation of motor fuel over public highways.. (2) A qualified representative of a motor carrier is a person who -. (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. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. Previous Edition: Apr 2011. (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. full text search results Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. Transporting Hazardous Materials by Highway. "Published Edition". (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. - Other Regulations Relating to Transportation, - Federal Motor Carrier Safety Administration, Department of Transportation, - Federal Motor Carrier Safety Regulations, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-397, Transportation of Hazardous Materials; Driving and Parking Rules. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58485, Sept. 24, 2013; 87 FR 59037, Sept. 29, 2022]. Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. 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. Motor Bus Transportation Act Administrative Rules. (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. (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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Enter your email address below and click Sign up. learn more about the process here. (b) No more than one safety can shall be transported on a vehicle at any time. PHMSA Regulations. Regulation Y DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Let's go over the standard DOT requirements for all CDL truck drivers. 5125, or 397.69 or 397.203 of this part; and. Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. 397.1 Application of the rules in this part. (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. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. 397.201 Purpose and scope of the procedures. (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. 3 comments UTC - AAM - ASTM The first interpretation is that farmers are not subject to any of the hazmat regulations as long as the agriculture product, in this case diesel fuel, is transported over local roads between fields of the same farm. (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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. The official, published CFR, is updated annually and available below under 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. 397.101 Requirements for motor carriers and drivers. (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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. As a 397.219 Waiver determination and order. (d) The Administrator may serve notice on any other persons readily identifiable by the Administrator as persons who will be affected by the determination sought and may afford those persons an opportunity to file written comments on the application. 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. Attention: Office of the Chief Counsel (MC-CC). View Navigation. 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. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. Details. But, confusion arises for diesel in first determining if it is . (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. Each truck driver has to have a non-commercial, valid driver's license. (2) No person may fill and offer for transportation a portable . 49 CFR 172.101 (c) Safety cans that leak must be promptly removed from the mine. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Designations must be preceded by substantive consultation with affected local jurisdictions and with any other affected States to ensure consideration of all impacts and continuity of designated routes. United States, Email: Transportation.RegulatoryInfo@dot.gov During the hearing the parties may offer any information pertinent to the resolution of the dispute. 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 petition filed with the Administrator must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. the hierarchy of the document. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . Topography along and adjacent to the proposed NRHM routing designation that may affect the potential severity of an accident, the dispersion of the NRHM upon release and the control and clean up of NRHM if released shall be considered. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. (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. Such actions shall include the following: (i) At least 60 days prior to establishing a routing designation, the State or Indian tribe shall provide notice, in writing, of the proposed routing designation to officials responsible for highway routing in all other affected States or Indian tribes. result, it may not include the most recent changes applied to the CFR. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. The State highway agency or other State agency designated by the Governor of that State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the NRHM routing designations for that State or Indian tribe. contact the publishing agency. Please do not provide confidential In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. A separate drafting site The distance to sensitive areas shall be considered. Vehicles transporting fuel shall be equipped with at least one 10 pound fire extinguisher, either BC or ABC dry chemical, and mounted to be easily accessible. (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. The petition must be filed within 20 days of service of the determination or order issued under the above sections. 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.) The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). (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. Bulk packaging has no intermediate form of containment and has a maximum capacity greater than 119 gallons for a liquid hazmat. By its terms, 1926.152 (a) (1) requires the use of an approved metal safety can (approved by a nationally recognized testing laboratory) for the handling and use of flammable liquids. 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. (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. 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. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. (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. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. 397.2 Compliance with Federal motor carrier safety regulations. Act 432 of 1982. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. This web site is designed for the current versions of developer resources. Do not transfer fuel near any heat source or open flame. Enhanced content is provided to the user to provide additional context. (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. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. Her articles appear on eHow and Answerbag. Utah Code for Motor Carriers. (ix) Alternative routes. (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. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. (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. site when drafting amendatory language for Federal regulations: 1 CFR 1.1 Transporting Fuel: The Federal Motor Carrier Safety Administration (FMSCA) under the Department of Transportation regulates the transportation of hazardous materials, including fuel, on the nation's highways. FAR). Subpart A also issued under 49 U.S.C. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. U.S. Share sensitive information only on official, secure websites. The motor carrier shall maintain the receipt for a period of one year from the date of signature. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. Home / Publications / NWCG Standards for Transporting Fuel. When buying fuel for diesel engines, choose biodiesel that meets the requirements listed in Bid Specification 9108-4151. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . 322; 49 CFR 1.87. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. Employees must complete refresher hazmat training every three years or whenever there is a change in job function. . DOT Federal Motor Carrier Safety Administration - Federal vehicle and operator regulations. 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 . (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. As a This content is from the eCFR and is authoritative but unofficial. here. Secure .gov websites use HTTPS (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . SE, Washington, DC 20590-0001. (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 eCFR is displayed with paragraphs split and indented to follow The Administrator may publish the determination or notice of the determination in the Federal Register. But, confusion arises for diesel in first determining if it is regulated or not. (2) States and Indian tribes shall also submit to FMCSA the current name of the State or Indian tribal agency responsible for NHRM highway routing designations. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. Please read below for more detail. The age of each truck driver has to exceed 18. Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. (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. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. Political subdivision. 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. (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. (7) Reasonable routes to terminals and other facilities. 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. (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. In fact, a driver's age must exceed 21 to operate across state lines. 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.