5125, or 397.69 or 397.203 of this part; and. If no petition for reconsideration is filed under this section, then the determination issued under 397.211 or 397.219 becomes the final agency decision at the end of the 20 day period. The agricultural exception is covered in 49 CFR 173.500. Routing designation includes 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 hazardous materials over a specific highway route or portion of a route. In case of emergency, certain information must be kept with the shipping papers throughout shipment. (xiii) Congestion and accident history. (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. "Published Edition". The in-page Table of Contents is available only when multiple sections are being viewed. Fuel Container Supply Procurement Sources. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. Copyright year J. J. Keller & Associates, Inc. All rights reserved. (Or, to transport hazardous materials over state lines.) (v) A statement by the person providing the training that information on the certificate is accurate. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (ii) That the current routing presents a greater risk but less than 50 percent more risk to the public than the deviation under the proposed routing restriction, then the proposed routing restriction made by a State or Indian tribe shall only go into effect if it does not force a deviation of more than 25 miles or result in an increase of more than 25 percent of that part of a trip affected by the deviation, whichever is shorter, from the most direct route through a jurisdiction as compared to the intended deviation. Navigate by entering citations or phrases Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. user convenience only and is not intended to alter agency intent Transporting Hazardous Materials by Highway. No. (4) Through routing. (l) Diesel fuel shall be stored and handled in accordance with the requirements of 75.1902 through 75.1906 of this part as of November 25, 1997. 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. 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. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. A DOT 406 Tank is AUTHORIZED for the transport of Gas and AV Gas (UN1203) on public roadways per FEDERAL transportation requirements. State. Before each trip, motor carriers must get a Hazardous Materials Safety Permit (HMSP). This content is from the eCFR and is authoritative but unofficial. (3) The applicant fails to provide the notice required by this subpart. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. 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. Fuel tanker regulations require that anyone who applies for a new permit for the use of these tankers or seeks renewal of an already existing permit should sign a declaration confirming that the vehicle is fit for the safe transport of fuel as specified in the permit.. (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. 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. NWCG Standards for Transporting Fuel, PMS 442. Upon receipt of a petition filed pursuant to paragraph (a) of this section, the Administrator may schedule a hearing to attempt to resolve the dispute and, if a hearing is scheduled, will notify all parties to the dispute of the date, time, and place of the hearing. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. Routing of Non-Radioactive Hazardous Materials. Read this complete Code of Federal Regulations Title 49. cans in your truck but not a 9 gal gas can. The Clean Air Act requires EPA to regulate fuels and fuel additives for use in motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if such fuel, fuel additive or any emission products causes or contributes to air or water pollution that may endanger the public health or welfare. DOT 406 tanks are also suitable for transport for Diesel and Jet-A, but NOT REQUIRED. 322; 49 CFR 1.87. (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. If you work for a Federal agency, use this drafting 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 . (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. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. Pressing enter in the search box 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 container carrying the fuel must be constructed so that . (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. will also bring you to search results. For-hire carrier transporting passengers in a vehicle with a seating capacity of 16 or more - $5,000,000. Act 196 of 1986, Public Transportation Authority Act. (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. An official website of the United States government Here's how you know. Choosing an item from Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. (2) States and Indian tribes shall also submit to FMCSA the current name of the State or Indian tribal agency responsible for NHRM highway routing designations. (b) Reporting and publishing requirements. Last updated: Thursday, September 29, 2022, Subscribe to Regulatory Updates and Information, Office of the Assistant Secretary for Research and Technology. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. 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. - Other Regulations Relating to Transportation, - Federal Motor Carrier Safety Administration, Department of Transportation, - Federal Motor Carrier Safety Regulations, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-397, Transportation of Hazardous Materials; Driving and Parking Rules. (7) Describe any proposed actions that the Administrator should take to resolve the dispute and how these actions would provide the greatest level of highway safety without unreasonably burdening commerce and would ensure compliance with the Federal standards established in this subpart. (viii) Continuity of routes. Please do not provide confidential A1. Details. Prior to the establishment of any NRHM routing designation, the State or Indian tribe shall provide notice to, and consult with, officials of affected political subdivisions, States and Indian tribes, and any other affected parties. (2) D UTIES OF THE UNIT. (A) P RIMARY RESPONSIBILITY.The primary responsibility of the Unit shall be to assist the Commission in . (5) Agreement of other States; burden on commerce. [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]. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. Compliance with Federal motor carrier safety regulations. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . The E-Cube Mobile is authorized for the . Radioactive material. Official websites use .govA .gov website belongs to an official government organization in the United States. (ii) If it is determined that a public hearing is necessary, the State or Indian tribe shall hold at least one public hearing on the record during which the public will be afforded the opportunity to present its views and any information or data related to the proposed NRHM routing designation. Comments or questions about document content can not be answered by OFR staff. (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. Each truck driver has to have a non-commercial, valid driver's license. In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart. (e) No person may transport a package of highway route controlled quantity of Class 7 (radioactive) materials on a public highway unless: (1) The driver has received within the two preceding years, written training on: (i) Requirements in 49 CFR parts 172, 173, and 177 pertaining to the Class 7 (radioactive) materials transported; (ii) The properties and hazards of the Class 7 (radioactive) materials being transported; and. Identify the DOT agency you wish to contact. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. Enhanced content is provided to the user to provide additional context. Any State or Indian tribe adversely affected by the Administrator's decision under 397.75 of this subpart may seek review by the appropriate district court of the United States under such proceeding only by filing a petition with such court within 90 days after such decision becomes final. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. [36 FR 4876, Mar. 36 FR 4876, Mar. 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.