Motor Bus Transportation Act Administrative Rules. You are using an unsupported browser. 57 FR 44132, Sept. 24, 1992, unless otherwise noted. PDF TRANSPORTING GASOLINE AND DIESEL FUEL - New York State Department of (ix) Alternative routes. Routing of Class 7 (Radioactive) Materials. Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. After a petition for dispute resolution is filed in accordance with this section, no court action may be brought with respect to the subject matter of such dispute until a final decision has been issued by the Administrator or until the last day of the one-year period beginning on the day the Administrator receives the petition, whichever occurs first. (a) Any 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 the Act, 397.203 of this subpart, or a court of competent jurisdiction. Secretary. (b) Reporting and publishing requirements. DOUBLE-WALL CONSTRUCTION: A double-wall tank is not required per FEDERAL transportation requirements for the transport of diesel or gasoline in bulk containers, but MAY be required by local or other jurisdictional regulations. This fuel, commonly referred to as CARB diesel, is mandatory for use in a variety of applications including both highway and off-road vehicles. 13, 1971, unless otherwise noted. Do not transfer fuel near any heat source or open flame. DOT 406 tank is also suitable for the transport of No. Interpretation Response | PHMSA (a) Establishment of the transportation fuel monitoring and enforcement unit. (1) I N GENERAL.The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the "Unit"). (c) Safety cans that leak must be promptly removed from the mine. 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. 397.67 Motor carrier responsibility for routing. The limits and applicability have evolved as follows: October 1993 Sulfur limited to a maximum of 500 ppm and aromatics to 10 percent or equivalent. (1) The documents specified in paragraph (a) of this section; (2) The documents specified in 177.817 of this title; and. 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 . Subparts C, D, and E also issued under 49 U.S.C. 397.219 Waiver determination and order. (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. A copy of this notice may also be sent to all affected political subdivisions. As a If you have questions or comments regarding a published document please We recommend you directly contact the agency responsible for the content in question. Enter your email address below and click Sign up. (iii) That the current route has the same or less risk to the public than the deviation resulting from the proposed routing designation, then the routing designation shall not be allowed. Consideration shall be given to the amount of time during which an area will experience a heavy population density. The DOT and the NRC shipping rules are outlined in Title 49 of the Code of Federal Regulations, parts 100 to 177 (PDF) (54,58 K). More severe violations will involve fees. Fuel tank trailer regulations - learn the key specs & operation (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. A proud American manufacturer for over 25 years! 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 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. 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. Variation for security purposes from the requirements of this section is permitted so far as necessary to meet the requirements imposed under such a plan, or otherwise imposed by the U.S. Nuclear Regulatory Commission in 10 CFR part 73. 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. . [36 FR 4876, Mar. A separate drafting site This document is available in the following developer friendly formats: Information and documentation can be found in our 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. 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. The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). By its terms, 1926.152 (a) (1) requires the use of an approved metal safety can (approved by a nationally recognized testing laboratory) for the handling and use of flammable liquids. 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. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). 61 FR 55527, Oct. 25, 1996, unless otherwise noted. contact the publishing agency. Choosing an item from Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall undertake the following actions to ensure participation by the public in the routing process: (i) The State or Indian tribe shall provide the public with notice of any proposed NRHM routing designation and a 30-day period in which to comment. 397.73 Public information and reporting requirements. (viii) Continuity of routes. The Administrator will serve a copy of the decision upon the petitioner and any other party who participated in the proceedings. CFR Title 49. Transportation 49 CFR 392.50 | FindLaw Attention: Office of the Chief Counsel (MC-CC). The container carrying the fuel must be constructed so that the fuel will not leak or spill. (1) On or within 5 feet of the traveled portion of a public street or highway; (2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or. All other safety cans must be stored in permanent underground diesel fuel storage facilities. 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. Employers are responsible to see that hazmat employees are trained adequately. (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. We recommend you directly contact the agency responsible for the content in question. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. As one of North Carolina's largest state agencies, the N.C. Department of Transportation must ensure that its divisions, business units, programs and employees are fulfilling their responsibilities while achieving the department's mission of "connecting people, products and places safely and efficiently with customer focus, accountability and environmental sensitivity to enhance the economy . information or personal data. NWCG Standards for Transporting Fuel | NWCG Consideration shall be given to the comments and concerns of all affected persons and entities provided during public hearings and consultations conducted in accordance with this section. (iii) Types and quantities of NRHM. (2) Does not unreasonably burden commerce. (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. (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. (ii) The DOT Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials, DOT/RSPA/OHMT-89-02, July 1989[1] or its most current version; or an equivalent routing analysis which adequately considers overall risk to the public. 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 . DOT Requirements The Department of Transportation's (DOT) requirements for diesel fuel tanks fall under three parts: Part 393.67, Part 571.301 and Part 393.65. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . The transporter must notify the DOT immediately if there is a spill, fire, injury, death or other incident the driver finds worthy of reporting. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. (1) Any State or Indian tribe that files a petition for dispute resolution under this subpart shall mail a copy of the petition to any affected State, political subdivision, or Indian tribe, accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the petition to the Administrator within 45 days. New Customers must complete a User Agreement and mail the original signed document to: NHDOT Fuel Distribution, PO Box 483, Concord NH 03302-0483. It is also the responsibility of the shipper that each employee involved with packaging is properly trained (see . full text search results Steward: . A for-hire motor carrier or a private motor carrier of property. Stay current on the critical safety and compliance news that impacts your business. (a) Public information. 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. Each truck driver has to have a non-commercial, valid driver's license. Details. But, confusion arises for diesel in first determining if it is . [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or routing, in the waiver of preemption proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Administrator within 20 days. Secure .gov websites use HTTPS (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. (c) Safety cans that leak must be promptly removed from the mine. 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. How to Comply with Federal Hazardous Materials Regulations (2) A qualified representative of a motor carrier is a person who -. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. (b) Filing. (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. 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. 49 U.S.C. When transporting diesel fuel in a container other than a safety can, a fire extinguisher shall be provided on each end of the transportation unit (two extinguishers required.) At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. Pressing enter in the search box [/box] [box . (iv) Is authorized to move the vehicle and has the means and ability to do so. The Administrator may publish the determination or notice of the determination in the Federal Register.