The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. Commercial Driver License. It is not an official legal edition of the CFR. Oil Spill Prevention and Response Plan. 1/1.1 No. 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. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. (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. (b) Except as otherwise permitted in this paragraph and in paragraph (f) of this section, a carrier or any person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403, shall operate the motor vehicle only over preferred routes. Choosing an item from The eCFR is displayed with paragraphs split and indented to follow (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. will bring you directly to the content. [79 FR 59457, Oct. 2, 2014, as amended at 81 FR 68358, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. 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. result, it may not include the most recent changes applied to the CFR. [61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. guide. 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. (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. Any variation between the route plan and routes actually used, and the reason for it, shall be reported in an amendment to the route plan delivered to the shipper as soon as practicable but within 30 days following the deviation. The Secretary of Transportation. Whether diesel is regulated largely depends on the type of packaging. For purposes of this subpart, the following definitions apply: Administrator. (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) No person may fill and offer for transportation a portable . You can learn more about the process (f) Decision. If you have questions for the Agency that issued the current document please contact the agency directly. Diesel is assigned to Transport Category 3 in ADR, which permits carriage of up to 1,000 litres in UN-approved packages per transport unit (a motor vehicle with or without an attached trailer . Chapter 119 Public Records. Learn more about the eCFR, its status, and the editorial process. Previous Edition: Apr 2011. February 27, 2023 at 3:00 a.m. EST. [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 -. (vi) Exposure and other risk factors. (j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of 75.1003-2 must be followed. Vehicles transporting fuel shall be equipped with at least one 10 pound fire extinguisher, either BC or ABC dry chemical, and mounted to be easily accessible. A separate drafting site . An official website of the United States government Here's how you know. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Any vehicle or equipment of which fuel is being transferred to must be turned off. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. 13, 1971, unless otherwise noted. You can learn more about the process 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. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. Copyright year J. J. Keller & Associates, Inc. All rights reserved. All containers shall be properly labeled. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. Transporting Hazardous Materials by Highway. During shipment, the fuel must be in a suitable container and secured to avoid leaks, spills and combustion. 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. DOT Hazardous Materials Transportation Regulations, 49 CFR Parts 100-185. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. Share sensitive information only on official, secure websites. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. The distance to sensitive areas shall be considered. The official, published CFR, is updated annually and available below under No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). Act 279 of 1909, The Home Rule City Act. If however, the tanks contain the residue of a hazardous material (diesel) - even vapors - then the transportation in commerce is subject to regulation. 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. Sensitive areas include, but are not limited to, homes and commercial buildings; special populations in hospitals, schools, handicapped facilities, prisons and stadiums; water sources such as streams and lakes; and natural areas such as parks, wetlands, and wildlife reserves. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. 397.213 Waiver of preemption application. Motor Fuel Transporters. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. 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. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. If you have comments or suggestions on how to improve the website or have questions about using, please choose the 'Website Feedback' button below. 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.) (i) That the current routing presents at least 50 percent more risk to the public than the deviation under the proposed routing designation, then the proposed routing designation may go into effect. (a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation for hazardous materials may apply to the Administrator for a determination as to whether that highway routing designation is preempted under 49 U.S.C. State. U.S. Commerce. (iv) Is authorized to move the vehicle and has the means and ability to do so. (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. 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. (5) Agreement of other States; burden on commerce. 49 U.S.C. 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. (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.