(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. What skills will I need to do this job? Current Publication Date: Oct 2019. The eCFR is displayed with paragraphs split and indented to follow Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. site when drafting amendatory language for Federal regulations: 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. Q. 397.67 Motor carrier responsibility for routing. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations. householders) are not subject to DOT regulations. 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. (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. A copy of each decision will be placed on file in the public docket. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. 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 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. PHMSA Regulations. The container carrying the fuel must be constructed so that the fuel will not leak or spill. 397.219 Waiver determination and order. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. The official, published CFR, is updated annually and available below under (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. Official websites use .govA .gov website belongs to an official government organization in the United States. Hazardous material. (g) Record. (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. (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. full text search results If that is the case, what you have are bulk packagings of a hazardous . or existing codification. Learn more about the eCFR, its status, and the editorial process. A copy of each determination is placed on file in the public docket. HazMat General Information_FINAL_508c.pdf (1.08 MB) 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). 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. 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. If you have questions for the Agency that issued the current document please contact the agency directly. (3) Any affected State, political subdivision, or Indian tribe submitting written comments to the Administrator with respect to a petition filed under this section shall send a copy of the comments to the petitioner and certify to the Administrator as to having complied with this requirement. The Agency also regulates operations at ethanol production facilities under air, water, and storage permitting programs, as well as spill prevention, risk management, and facility response programs. A proud American manufacturer for over 25 years! (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. The petition must be filed within 20 days of service of the determination or order issued under the above sections. UN 31A GROUP Y INTERMEDIATE BULK CONTAINER (IBC). Receive email updates about the latest in Safety, Innovation, and Infrastructure. (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 E-Cube Mobile is authorized for the transport of PG II and III liquids such as diesel and Jet-A as a UN 31A Group Y IBC. The transporter must notify the DOT immediately if there is a spill, fire, injury, death or other incident the driver finds worthy of reporting. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (2) Public participation. 397.77 Judicial review of dispute decision. Deviation from the shortest-distance pickup or delivery route is authorized if such deviation: (i) Is based upon the criteria in paragraph (a) of this section to minimize the radiological risk; and. 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. or existing codification. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. Employees must complete refresher hazmat training every three years or whenever there is a change in job function. The Administrator may publish the order or notice of the order in the Federal Register. The can must be protected from damage during transport. user convenience only and is not intended to alter agency intent (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. Use DOT-approved gas cans for safe fuel transport and storage. (2) Receipt thereof is acknowledged in writing by the FMCSA. Utah Administrative Rules for Motor Carriers. Search & Navigation Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. This content is from the eCFR and is authoritative but unofficial. An Interstate System bypass or Interstate System beltway around a city, when available, shall be used in place of a preferred route through a city, unless a State routing agency has designated an alternative route. Federal Motor Carrier Safety Regulations. (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. 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. Consideration shall be given to the amount of time during which an area will experience a heavy population density. Gasoline shall only be transported in approved 5 gallon portable gas cans, with a limit of four (4) cans per vehicle. (vii) Terrain considerations. Commerce. (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. DOT Links: U.S. A1. 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 . 397.1 Application of the rules in this part. Chapter 287 Procurement of Personal Property and ServicesPart I. Act means 49 U.S.C. (b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. Previous Edition: Apr 2011. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. site when drafting amendatory language for Federal regulations: United States, Email: Transportation.RegulatoryInfo@dot.gov First, its important to understand the differences between bulk and non-bulk packaging. Nothing in this section shall be construed as prohibiting the parties from settling the dispute or seeking other methods of alternative dispute resolution prior to the final decision by the Administrator. 2 Diesel Fuel and Jet-A/Jet Fuel BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the . To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . (b) Each application filed under this section for a waiver of preemption determination must: (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is being sought; (3) Include a copy of any relevant court order or determination issued pursuant to 397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and. You are using an unsupported browser. 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. 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. (v) A statement by the person providing the training that information on the certificate is accurate. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (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. Is the 350-gallon diesel fuel tank subject to the HMR? Requirements for motor carriers and drivers. Transporting Hazardous Materials by Highway. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. UL-142 as an Above Ground Storage Tank, Which has no applicability to DOT ratings. 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. Regulation Y 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. guide. 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. Any vehicle or equipment of which fuel is being transferred to must be turned off. (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. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. This content is from the eCFR and may include recent changes applied to the CFR. Looking at international documents, in particular the Joint Conventional Fuel Safety Management Convention, which is designed to protect individuals and the environment from damage caused by it. (d) Court actions. Subparts C, D, and E also issued under 49 U.S.C. (2) Telephone numbers which will access emergency assistance in each State to be entered. Has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. U.S. Displaying title 49, up to date as of 3/02/2023. 1 CFR 1.1 Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. It is applicable in Great Britain and Northern Ireland . citations and headings 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.