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(ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. Act 279 of 1909, The Home Rule City Act. developer resources. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. will bring you to those results. The flash-point, temperature at which fuel can vaporize and form an ignitable mixture, for gas is less than -40C (-40F). One or more States or Indian tribes may petition the Administrator to resolve a dispute relating to an agreement on a proposed NRHM routing designation. 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. (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. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. Previous Edition: Apr 2011. This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. 5125(c). 59 FR 51830, Oct. 12, 1994, unless otherwise noted. You are using an unsupported browser. 1200 New Jersey Avenue, SE As a In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. (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. All other safety cans must be stored in permanent underground diesel fuel storage facilities. Portable five (5) gallon cans transported on any . (xiii) Congestion and accident history. 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. This content is from the eCFR and may include recent changes applied to the CFR. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. 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. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. Displaying title 30, up to date as of 3/02/2023. 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. For purposes of this subpart, any highway routing designation affecting the highway transportation of NRHM, made by a political subdivision of a State is considered as one made by that State, and all requirements of this subpart apply. To be notified of upcoming rulemaking hearings or for questions or comments about the rule review schedule or a particular rule, please email [email protected]. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. This contact form is only for website help or website suggestions. (5) Describe any actions taken by the State or Indian tribe to resolve the dispute. You are using an unsupported browser. [36 FR 4876, Mar. 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.. In establishing or providing for reasonable access to and from designated routes, the State or Indian tribe shall use the shortest practicable route considering the factors listed in paragraph (b)(9) of this section. (f) Decision. Routing agency means the State highway agency or other State agency designated by the Governor of a State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the highway routing designations for that State or Indian tribe. Compliance with Federal motor carrier safety regulations. 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. Highway routing designations; preemption. (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. (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. 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). This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. Act 196 of 1986, Public Transportation Authority Act. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. (2) No person may fill and offer for transportation a portable . 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. 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. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. 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. 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. 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. J. J. Keller offers an unbeatable selection of hazmat placards in a variety of styles and legends to help you meet DOT placarding requirements. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . A carrier's safety rating can also be affected. Enhanced content is provided to the user to provide additional context. SDTruckInfo.com is a collaborative effort between the SD Department of Revenue, SD Department of Transportation and SD Department of Public Safety to provide a central location for South Dakota trucking information, including Commercial Driver Licensing (CDL), special load permits, emergency notices for the trucking industry, legal weights and sizes for loads, and rules and regulations for . (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. (xii) Climatic conditions. The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969. Stay current on the critical safety and compliance news that impacts your business. DOT & Safety Regulations. A1. The petition must be filed within 20 days of service of the determination or order issued under the above sections. Motor Fuel Transporters. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Act 432 of 1982. (i) Diesel fuel transportation units shall be parked only in permanent underground diesel fuel storage facilities or temporary underground diesel fuel storage areas when not in use. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. No changes found for this content after 1/03/2017. (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. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. formatting. 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. 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. FAR). 49 CFR 172.101 Do not transfer fuel near any heat source or open flame. Official websites use .govA .gov website belongs to an official government organization in the United States. Trump's administration rolled back several regulations on the . The Administrator shall publish notice of the application in the Federal Register. A municipality, public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. (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.
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