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. An official website of the United States government Here's how you know. Washington, DC 20590855-368-4200. View Navigation. 16, 1998]. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. A separate drafting site Transfer Flow's DOT Special Permit SP-11911 is supplied with every refueling tank . (iv) The State or Indian tribe shall keep a record of the names and addresses of the officials notified pursuant to this section and of any consultation or meeting conducted with these officials or their representatives. A separate drafting site (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. 5103, 31136, 31502, and 49 CFR 1.97. (2) Public participation. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Political subdivision. information or personal data. Act 432 of 1982. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. (d) Once the Administrator has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. Let's go over the standard DOT requirements for all CDL truck drivers. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. Notice for both the comment period and any public hearing may also be published in the official register of the State. This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. Secure .gov websites use HTTPS The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. This contact form is only for website help or website suggestions. As a (e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway. 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. (f) Decision. A DOT 406 tank IS NOT REQUIRED but IS AUTHORIZED for the transport of Diesel Fuel (UN1202/NA1993) or Jet-A/Jet Fuel (UN1863) on public roadways per FEDERAL transportation requirements. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. But, confusion arises for diesel in first determining if it is . You can learn more about the process 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 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. (b) Notwithstanding that an application for a determination has not been filed under 397.205, the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act. If the risk analysis shows -. A State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa or Guam. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. Attention: National Hazardous Materials Route Registry. Motor carrier responsibility for routing. 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. (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. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. The TransCube is authorized for . Identify the DOT agency you wish to contact. For-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. The official, published CFR, is updated annually and available below under You are using an unsupported browser. 49 CFR 172.101 A1. Propane transportation limits change depending on the type of vehicle you . Electronic Code of Federal Regulations (e-CFR), CHAPTER I - MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR, SUBCHAPTER O - COAL MINE SAFETY AND HEALTH, PART 75 - MANDATORY SAFETY STANDARDS - UNDERGROUND COAL MINES. 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. Basic Gas Can Safety . 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. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. UL 142 AND 2085: Underwriters Laboratories (UL) standards 142 and 2085 DO NOT APPLY to mobile fuel storage containers, only to stationary above-ground storage tanks as specified in the scope of the UL 142 standard, part 1.7. If you want to become a motor carrier transporting hazardous materials by highway, you must meet a number of important safety and registration requirements. Choosing an item from Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier. (6) Timeliness. will bring you directly to the content. (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. These requirements fall under the authority of the Federal Motor Carrier Safety Administration, a division of the DOT and cover the requirements for diesel fuel tank construction, mounting, testing and marking. (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. A proud American manufacturer for over 25 years! DOT 406 tank is also suitable for the transport of No. Q. The public shall be given 30 days prior notice of the public hearing which shall be conducted as described in paragraph (b)(2)(ii) of this section. We recommend you directly contact the agency responsible for the content in question. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. switch to drafting.ecfr.gov. 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. 13, 1971, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. (ii) It is agreed to by the affected State or Indian tribe within 60 days of receipt of the notice sent pursuant to paragraph (b)(3)(i) of this section, or it is approved by the Administrator pursuant to 397.75. (d) When the Administrator has received all substantive information necessary to process an application for a waiver of preemption determination, notice of that fact will be served upon the applicant. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 13, 1971, unless otherwise noted. 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. At any time during this period or following review of the comments received, the State or Indian tribe shall decide whether to hold a public hearing on the proposed NRHM route designation. Motor Carrier Registration & Credentials. DOT406 tanks are also suitable for the transport of Diesel Fuel and Jet-A, BUT NOT REQUIRED. [36 FR 4876, Mar. (c) Each 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 and certify to the Administrator that he or she has complied with this requirement. 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) have a flash-point greater than 58C (125F). Sign up to receive Transportation SafetyClicks. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. 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. 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. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. 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. 49 CFR 172.101 If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. 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. (vi) Exposure and other risk factors. 397.67 Motor carrier responsibility for routing. (3) The written route plan specified in 397.67. (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. Compliance with Federal motor carrier safety regulations. The establishment of an NRHM routing designation by any State or Indian tribe shall be completed within 18 months of the notice given in either paragraph (b)(2) or (b)(3) of this section, whichever occurs first. Please do not provide confidential This table specifies that the transport of Gas (UN1203), including AV Gas/100LL, and other fuels with flashpoints less than 38C (100F) in bulk containers are subject to 49 CFR 173.242 (Bulk packaging for certain medium hazard liquids and solids, including solids with dual hazards). (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. Official websites use .govA .gov website belongs to an official government organization in the United States. Vehicular Transportation of Liquefied Petroleum Gas. 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. 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. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. NWCG Standards for Transporting Fuel. (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. (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement. But, confusion arises for diesel in first determining if it is regulated or not. the hierarchy of the document. (2) Does not unreasonably burden commerce. (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. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. (2) Receipt thereof is acknowledged in writing by the FMCSA. (ix) Alternative routes. Subpart C - Routing of Non-Radioactive Hazardous Materials. Displaying title 49, up to date as of 3/02/2023. The can must be protected from damage during transport. The analysis of the emergency response capabilities shall be based upon the proximity of the emergency response facilities and their capabilities to contain and suppress NRHM releases within the impact zones. Business Hours:9:00am-5:00pm ET, M-F. (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. Learn more about the eCFR, its status, and the editorial process. (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. (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. During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. 5125(c). (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. Choosing an item from will bring you to those results. 2 . (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. (2) A qualified representative of a motor carrier is a person who -. (c) A State-designated route is effective when -. United States, Email: Transportation.RegulatoryInfo@dot.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. In evaluating an application, the Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application.