(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. Contact Us. 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. Nuclear Materials Transportation This webpage provides information about the NRC's safety regulations for radioactive material transportation in the United States. (e) If no petition for reconsideration is filed within 20 days in accordance with 397.223, an order issued under this section constitutes the final agency decision regarding whether a particular requirement of a State, political subdivision thereof, or Indian tribe is preempted under the Act or any regulations issued thereunder, or whether preemption is waived. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. Attention: National Hazardous Materials Route Registry. Choosing an item from The driver shall not operate the vehicle until the cause of the overheating is corrected. (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. or less - $300,000. formatting. - Mine Safety and Health Administration, Department of Labor, - Mandatory Safety Standards - Underground Coal Mines, https://www.ecfr.gov/current/title-30/chapter-I/subchapter-O/part-75/subpart-T/section-75.1906. The can must be protected from damage during transport. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. 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. 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. (2) Receipt thereof is acknowledged in writing by the FMCSA. (c) A highway routing designation established by a State, political subdivision, or Indian tribe before November 14, 1994 is subject to preemption in accordance with the preemption standards in paragraphs (a)(1) and (a)(2) of 397.203. These include aluminum, Teflon, steel, fluorinated polypropylene and fluorinated polyethylene. 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. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. (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. The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). will bring you directly to the content. It is not an official legal edition of the CFR. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. 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. full text search results (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. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. (c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. Navigate by entering citations or phrases (2) Telephone numbers which will access emergency assistance in each State to be entered. The agricultural exception is covered in 49 CFR 173.500. (a) The State routing agency, as defined in 397.201(c), shall select routes to minimize radiological risk using Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials, or an equivalent routing analysis which adequately considers overall risk to the public. . We help ensure safe, respectful workplaces, job sites and highways. Companies of all shapes and sizes frequently store and use petroleum-based gasoline. Regulations. will bring you directly to the content. is available with paragraph structure matching the official CFR 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. (v) Results of consultation with affected persons. (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. (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. (xi) Delays in transportation. (2) A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. U.S. 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]. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. If you have questions or comments regarding a published document please Political subdivision. 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. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof. Q. Q. Each petition for dispute resolution filed under this section must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. We protect people and the businesses they run.. A copy of each order is placed on file in the public docket. 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. (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. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. If a State or any political subdivision thereof, or an Indian tribe chooses to establish, maintain, or enforce any NRHM routing designation, the Governor, or Indian tribe, shall designate a routing agency for the State or Indian tribe, respectively. [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 -. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . 5125, or 397.69 or 397.203 of this part; and. Secretary. Share sensitive information only on official, secure websites. Compliance with Federal motor carrier safety regulations. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Only transfer fuel in well ventilated areas. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. 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. In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. ( d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 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. Motor carrier responsibility for routing. will bring you to those results. (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 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. 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. 1200 New Jersey Avenue, SE (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 container carrying the fuel must be constructed so that the fuel will not leak or spill. We recommend you directly contact the agency responsible for the content in question. information or personal data. The petition must be filed within 20 days of service of the determination or order issued under the above sections. 36 FR 4876, Mar. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. 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. 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. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. Search & Navigation When transporting diesel fuel, many often wonder if placarding is required. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (b) Filing. Any questions please call us at 1-800-773-3047. In evaluating an application, the Administrator may consider any other source of information. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. (b) Reporting and publishing requirements. Trump's administration rolled back several regulations on the . A sole owner, partnership, corporation or other organization transporting gasoline or diesel fuel in Texas as a motor fuel transporter using truck, railroad tank car or marine vessel outside the bulk transfer/terminal system is required to be licensed by the Comptroller's office. (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). Any increases in transportation costs may affect the ultimate price of diesel fuel because diesel fuel is delivered by truck or pipeline from refineries to distribution centers and diesel stations. Is the 350-gallon diesel fuel tank subject to the HMR? 2 . Hazardous material. The eCFR is displayed with paragraphs split and indented to follow 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. 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. For purposes of this subpart, the following definitions apply: Administrator. full text search results 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. 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 . A copy of this notice may also be sent to all affected political subdivisions. 397.213 Waiver of preemption application. Identify the DOT agency you wish to contact. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. US DOT - RITA. (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. Routing of Class 7 (Radioactive) Materials. 59 FR 51830, Oct. 12, 1994, unless otherwise noted. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. (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. DOT 406 tank is also suitable for the transport of No. As is the case with many hazardous materials, the placarding requirement is determined largely by the hazard of the material, the quantity of the material being transported, and the type of packaging used. The States shall be responsible for ensuring that all of their political subdivisions comply with the provisions of this subpart. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. A proud American manufacturer for over 25 years! (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. J. J. Keller's FREE Transportation SafetyClicks email newsletter brings quick-read safety and compliance news right to your email box. Act 279 of 1909, The Home Rule City Act. Scope This bulletin is intended for authorized representatives, owners and operators, masters and crew of oil tankers and vessels carrying oil and fuels in tanks on deck (including cargo barges . (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. 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. 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. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. Displaying title 30, up to date as of 3/02/2023. The application filed with the Administrator must include a certification that the application complies with this paragraph and must include the names and addresses of each person to whom the application was sent. Not sure on the diesel but I think that if it is not considered a portable container it may have different rules. Navigate by entering citations or phrases (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. All other safety cans must be stored in permanent underground diesel fuel storage facilities. Deviations from the most direct route shall be minimized. (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. J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services.
