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Regulations. Steward: . In establishing any NRHM routing designation, the State or Indian tribe shall consider the following factors: (i) Population density. The State or Indian tribe shall make a finding, supported by the record to be developed in accordance with paragraphs (b)(2)(ii) and (b)(3)(iv) of this section, that any NRHM routing designation enhances public safety in the areas subject to its jurisdiction and in other areas which are directly affected by such highway routing designation. Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . 1200 New Jersey Avenue, S.E. Official websites use .govA .gov website belongs to an official government organization in the United States. A copy of each order is placed on file in the public docket. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. ( c) Safety cans that leak must be promptly removed from the mine. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. 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. here. Vehicle weight and size limits, underpass and bridge clearances, roadway geometrics, number of lanes, degree of access control, and median and shoulder structures are examples of characteristics which a State or Indian tribe shall consider. This document is available in the following developer friendly formats: Information and documentation can be found in our The petition must be filed within 20 days of service of the determination or order issued under the above sections. 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. Learn more about the eCFR, its status, and the editorial process. Hazardous material. 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). The Administrator may publish the determination or notice of the determination in the Federal Register. United States, Email: Transportation.RegulatoryInfo@dot.gov In case of emergency, certain information must be kept with the shipping papers throughout shipment. 397.213 Waiver of preemption application. (c) Except as provided in this subpart, the Administrator will only consider an application for a waiver of preemption determination if: (1) The applicant expressly acknowledges in its application that the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought is preempted by the Act or the regulations thereunder; or. 36 FR 4876, Mar. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November 14, 1994, and maintains or enforces such designation, shall comply with the highway routing standards set forth in 397.71 of this subpart. No changes found for this content after 1/03/2017. the hierarchy of the document. The Federal Motor Carrier Safety Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency within the United States Department of Transportation, or his/her designate. ( b) Except as provided in 397.75 and 397.219, an NRHM route designation made in violation of paragraph . Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). Routing designations. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. (b) Filing. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it . State Requirements. Utah Code for Motor Carriers. (h) Diesel fuel transportation units and vehicles transporting safety cans containing diesel fuel must have at least two multipurpose, dry chemical type (ABC) fire extinguishers, listed or approved by a nationally recognized independent testing laboratory and having a 10A:60B:C or higher rating, with one fire extinguisher provided on each side of the vehicle. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. 450b. Florida Statutes. The characteristics of each alternative NRHM highway routing designation shall be compared. Vehicular Transportation of Liquefied Petroleum Gas. Pressing enter in the search box A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel or Jet-A/Jet Fuel on public roadways per FEDERAL transportation requirements. Transporting Lithium Batteries | PHMSA View the most recent official publication: These links go to the official, published CFR, which is updated annually. Transfer Tanks- Pickups and DOT Regulations - Snow Plowing Forum Transporting diesel, petrol or kerosene by road - GOV.UK - 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 Administrator may publish the decision or notice of the decision in the Federal Register. (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. This web site is designed for the current versions of 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. Regulation Y (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. Regulations - Renewable Fuels Association 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. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. (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. 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. from some of the hazardous material transportation requirements when transporting diesel for Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. 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. 397.73 Public information and reporting requirements. (e) Any 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. (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. 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. You can learn more about the process (a) The rules in this part apply to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with 177.823 of this title and to -, (1) Each officer or employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials; and. All containers shall be properly labeled. Choosing an item from [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]. 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. 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. Act 432 of 1982. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. 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. U.S. A non-radioactive hazardous material transported by motor vehicle in types and quantities which require placarding, pursuant to Table 1 or 2 of 49 CFR 172.504. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Did you know DOT oversees the Nation's time zones? contact the publishing agency. CDOT focuses on certain rules for mandatory rule review pursuant to SB14-063. Act 204 of 1967, Metropolitan Transportation Authorities Act of 1967. 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. (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. Act 432 of 1982. 2 . (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. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. 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). (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. Chapter 287 Procurement of Personal Property and ServicesPart I. Any questions please call us at 1-800-773-3047. will also bring you to search results. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Administrator within 45 days. Q&A: Are my "empty" tanks subject to USDOT regulations? (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. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. 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. Details. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. 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 . (3) Contain a certification that the petitioner has complied with the notification requirements of paragraph (c) of this section, and include a list of the names and addresses of each State, political subdivision, or Indian tribe official who was notified of the filing of the petition. (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. Enter your email address below and click Sign up. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of -, (a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or. A party to a proceeding under 397.205(a), 397.213(a), or 397.223(a) may seek review by the appropriate district court of the United States of the decision of the Administrator under such proceeding only by filing a petition with such court within 60 days after the final agency decision. DOT Regulations | Quality Fuel Trailer and Tank, Inc.

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