dot regulations on transporting fuel

It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. Official websites use .govA .gov website belongs to an official government organization in the United States. 49 CFR 172.101 Washington, DC 20590 United States. (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist -, (1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and, (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and. 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Secretary. (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. An official website of the United States government Here's how you know. 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. 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. US DOT - RITA. Transfer Flow refueling tanks must be attended to at all times during loading and unloading by a qualified person as described respectively in 49 CFR 177.834 (i), (3), and (4) Refueling tanks must be retested every 2 1/2 years in accordance with 49 CFR 180.352. 5112, 5125. Notice for both the comment period and any public hearing may also be published in the official register of the State. Requirements for State routing designations. 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. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. (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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. Diesel fuel is classified as a flammable liquid in the hazardous materials table (172.101), but in most instances may be reclassified as a combustible liquid if it has a flash point at or above 100 F (38 C). 5125, or 397.69 or 397.203 of this part; and. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. For purposes of this subpart, the following definitions apply: Administrator. (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. 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). California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. Subpart D - Routing of Class 7 (Radioactive) Materials. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. the hierarchy of the document. Search & Navigation She holds a Bachelor of Arts in English with a focus on professional and technical writing from the University of South Florida. (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. (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 Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. (eg: Routing designations. View Navigation. In determining whether the requirement of the State, political subdivision thereof, or Indian tribe unreasonably burdens commerce, the Administrator may consider the following factors: (1) The extent to which increased costs and impairment of efficiency result from the highway routing designation of the State, political subdivision thereof, or Indian tribe; (2) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe has a rational basis; (3) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe achieves its stated purpose; and. 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. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). 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 ). (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. Your diesel fuel container color matters as well. 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. Choosing an item from Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. 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. citations and headings Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. guide. [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]. We protect people and the businesses they run.. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. 397.2 Compliance with Federal motor carrier safety regulations. (b) Reporting and publishing requirements. Indian tribe. Background and more details are available in the DOT 406 tank is also suitable for the transport of No. 36 FR 4876, Mar. or existing codification. (v) A statement by the person providing the training that information on the certificate is accurate. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. 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]. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. (a) A State or Indian tribe shall comply with the Federal standards under paragraph (b) of this section when establishing, maintaining or enforcing specific NRHM routing designations over which NRHM may or may not be transported. (vi) Exposure and other risk factors. (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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. As a No changes found for this content after 1/03/2017. Official websites use .govA .gov website belongs to an official government organization in the United States. (ii) Does not exceed the shortest-distance pickup or delivery route by more than 25 miles and does not exceed 5 times the length of the shortest-distance pickup or delivery route. (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. 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. 397.101 Requirements for motor carriers and drivers. 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. State and local laws, ordinances, and regulations. 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. Fuel tanker regulations require that anyone who applies for a new permit for the use of these tankers or seeks renewal of an already existing permit should sign a declaration confirming that the vehicle is fit for the safe transport of fuel as specified in the permit.. (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. Policy. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. The Pipeline and Hazardous Materials Safety Administration (PHMSA . (g) Record. (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. (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. Weather conditions unique to a highway route such as snow, wind, ice, fog, or other climatic conditions that could affect the safety of a route, the dispersion of the NRHM upon release, or increase the difficulty of controlling it and cleaning it up shall be given appropriate consideration. This will link you to the six chapters of the Georgia Department of Public Safety Transportation Rulebook that pertain to Motor Carrier Compliance. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. A copy of this notice may also be sent to all affected political subdivisions. Consideration shall be given to the amount of time during which an area will experience a heavy population density. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 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. If that is the case, what you have are bulk packagings of a hazardous . Act 387 of 2012, Regional Transit Authority Act. (2) Is solely within a place under the jurisdiction of a State or Indian tribe but which affects trade, traffic, or transportation described in subparagraph (a). (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. 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. 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. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. 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. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. Office of the General Counsel. will also bring you to search results. Enhanced content is provided to the user to provide additional context. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (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. (b) A motor carrier carrying hazardous materials required to be placarded or marked in accordance with 49 CFR 177.823 and not subject to NRHM routing designations pursuant to this subpart, shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that: (2) A reasonable deviation is necessary to reach terminals, points of loading and unloading, facilities for food, fuel, repairs, rest, or a safe haven; or. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall provide notice to, and consult with, officials of affected political subdivisions, States and Indian tribes, and any other affected parties. (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. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. 397.213 Waiver of preemption application. Routing of Non-Radioactive Hazardous Materials. Hazardous material means 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. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. You can learn more about the process Transporting Hazardous Materials by Highway. (c) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3, materials, and which is located on a public street or highway, or the shoulder of a public highway, must be attended by its driver. Learn more about the eCFR, its status, and the editorial process. More severe violations will involve fees. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (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. The present paper seeks to clarify and assess the obligations of governments to . 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. result, it may not include the most recent changes applied to the CFR. Enter your email address below and click Sign up. Sign up to receive Transportation SafetyClicks. (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. 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. (2) Receipt thereof is acknowledged in writing by the FMCSA. (3) Consultation with others. Act means 49 U.S.C. Background and more details are available in the 206.20 Transportation of motor fuel over public highways.. 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. (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. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. (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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Search & Navigation 49 U.S.C. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. This is an automated process for (a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. Use DOT-approved gas cans for safe fuel transport and storage. Previous Edition: Apr 2011. will bring you directly to the content. https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. PART 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. (viii) Continuity of routes. 49 CFR 173.150 states that a flammable liquid with a flash point at or above 38 C (100 F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. 16, 1998]. 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. 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. (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. Basic Gas Can Safety . 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. (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. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. Sensitive areas include, but are not limited to, homes and commercial buildings; special populations in hospitals, schools, handicapped facilities, prisons and stadiums; water sources such as streams and lakes; and natural areas such as parks, wetlands, and wildlife reserves. (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. (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. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. You can have 100 5 gal. 1/1.1 guide. 5.1.7 Fuel Systems (393 Subpart E) Fuel systems include the fuel tanks and lines that supply fuel to a motor vehicle's engine. Regulations. A proud American manufacturer for over 25 years! 1200 New Jersey Avenue, S.E. According to CFR 49, 130, a vehicle transporting more than 42,000 gallons of oil per container or in a container with a capacity over 3,500 gallons must have shipping papers in the vehicle stating the transport oil or the specific type of fuel. (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. State Requirements. PHMSA Regulations. Comments or questions about document content can not be answered by OFR staff. 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. formatting. (3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, 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. (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. OSHA & EPA Safe Storage Testing Requirements for a Helium Tank, Federal Motor Carrier Safety Administration: How to Comply with Federal Hazardous Materials Regulations. 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. Share sensitive information only on official, secure websites. Applicable to on and off-road vehicles but not . contact the publishing agency. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Traffic conditions unique to a highway routing such as: traffic congestion; accident experience with motor vehicles, traffic considerations that could affect the potential for an accident, exposure of the public to any release, ability to perform emergency response operations, or the temporary closing of a highway for cleaning up any release shall be given appropriate consideration. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. 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. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. [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]. (xiii) Congestion and accident history. This content is from the eCFR and may include recent changes applied to the CFR. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. This contact form is only for website help or website suggestions. 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. Do not transfer fuel near any heat source or open flame. Phone: 202-366-4702 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. (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. 397.219 Waiver determination and order. SE, Washington, DC 20590-0001. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website.

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