The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. Pressing enter in the search box The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (Or, to transport hazardous materials over state lines.) (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. will bring you to those results. The container carrying the fuel must be constructed so that . Choosing an item from Notice for both the comment period and the public hearing, if one is held, shall be given by publication in at least two newspapers of general circulation in the affected area or areas and shall contain a complete description of the proposed routing designation, together with the date, time, and location of any public hearings. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. No NRHM routing designations may create unnecessary delays in the transportation of NRHM. Transportation Safety Rules | Georgia Department of Public Safety (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. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . 57 FR 44132, Sept. 24, 1992, unless otherwise noted. 397.203 Standards for determining preemption. DOT Regulations for Mobile Fuel Containers. 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. Applicable to on and off-road vehicles but not . Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. Motor vehicle. 49 CFR 173.32 - Requirements for the use of portable tanks. CDOT focuses on certain rules for mandatory rule review pursuant to SB14-063. switch to drafting.ecfr.gov. 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. The Motor Carrier Safety Planner - Transportation 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. 1200 New Jersey Avenue, S.E. (a) Public information. (vii) Terrain considerations. If an agreement is reached, it may be stipulated by the parties, in writing, and, if the Administrator agrees, made part of the decision in paragraph (f) of this section. 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. full text search results The application filed with the Administrator must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each official to whom a copy of the application was sent. Please do not provide confidential Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. This document is available in the following developer friendly formats: Information and documentation can be found in our Advisory Circulars (ACs) - Search Results Regulation Y (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. Portable five (5) gallon cans transported on any . (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. When transporting diesel fuel, many often wonder if placarding is required. 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. 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. NWCG Standards for Transporting Fuel. 397.201 Purpose and scope of the procedures. Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (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. PHMSA Regulations | PHMSA - Pipeline and Hazardous Materials Safety Strong communication, problem-solving, organization, and customer service skills are essential. 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. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. Regulatory Compliance and the Safe Transportation of Oil and Fuels (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. 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. A separate drafting site Federal Gasoline Regulations. 450b. site when drafting amendatory language for Federal regulations: To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . Attendance and surveillance of motor vehicles. (xii) Climatic conditions. (b) A person must be in control of the fueling process at the point where the fuel tank is filled. 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 ). DOT Links: U.S. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. (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. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. Fuel Container Supply Procurement Sources. (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. Text - S.259 - 118th Congress (2023-2024): Transportation Fuel Market Those not in commerce (e.g. The transportation company must also develop a written response plan that details actions to be taken, personnel and agencies to contact, and procedures for the removal of fuel should a spill occur during transport. (d) A carrier (or a designated agent) who operates a motor vehicle which contains a package of highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall prepare a written route plan and supply a copy before departure to the motor vehicle driver and a copy to the shipper (before departure for exclusive use shipments, as defined in 49 CFR 173.403, or within fifteen working days following departure for all other shipments). The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This document is available in the following developer friendly formats: Information and documentation can be found in our Enhanced content is provided to the user to provide additional context. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 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. Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (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. (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. Home / Publications / NWCG Standards for Transporting Fuel. A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he/she is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with 177.823 of this title. This is an automated process for Transporting Lithium Batteries | PHMSA If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. Subpart A also issued under 49 U.S.C. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. 397.213 Waiver of preemption application. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. 13, 1971, unless otherwise noted. Vehicle with refueling tank installed must be turned off when transferring fuel. (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. Background and more details are available in the It is not an official legal edition of the CFR. 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]. Act means 49 U.S.C. 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. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. Your diesel fuel container color matters as well. Chapter 287 Procurement of Personal Property and ServicesPart I. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. full text search results CDOT Rules Colorado Department of Transportation (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. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. (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. 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. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE); (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 sought; (3) If applicable, specify the provisions of the Act or the regulations issued under the Act under which the applicant seeks preemption of the highway routing designation of the State, political subdivision thereof, or Indian tribe; (4) Explain why the applicant believes the highway routing designation of the State, political subdivision thereof, or Indian tribe should or should not be preempted under the standards of 397.203; and. (2) By serving notice on any other State, political subdivision, or Indian tribe determined by the Administrator to be possibly affected by the issues in dispute or the resolution sought, or by publication in the Federal Register, the Administrator may afford those persons an opportunity to file written comments on the petition. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes.
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