The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. (c) A State-designated route is effective when -. (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. 61 FR 55527, Oct. 25, 1996, unless otherwise noted. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. This is an automated process for Applicable to on and off-road vehicles but not . No NRHM routing designations may create unnecessary delays in the transportation of NRHM. (a) Any person, including a State, political subdivision thereof, or Indian tribe directly affected by any highway routing designation of another State, political subdivision, or Indian tribe, may apply to the Administrator for a determination of whether that highway routing designation is preempted by the Act or 397.203 of this subpart. You must also have good knowledge of safety and transport regulations. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and. 322; 49 CFR 1.87. The term through highway routing as used in this paragraph means that the routing designation must ensure continuity of movement so as to not impede or unnecessarily delay the transportation of NRHM. formatting. Motor vehicle. Whether it's to power a portable generator, or keep lawnmowers, forklifts and other heavy machines running. State and local laws, ordinances, and regulations. All of the Government of Canada's acts and regulations can be found on the Justice Canada website. (d) Before a motor carrier requires or permits a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3, as defined in 49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or its agent shall prepare a written route plan that complies with this section and shall furnish a copy to the driver. (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. Any questions please call us at 1-800-773-3047. In determining whether the requirement of the State, political subdivision thereof, or Indian tribe unreasonably burdens commerce, the Administrator may consider the following factors: (1) The extent to which increased costs and impairment of efficiency result from the highway routing designation of the State, political subdivision thereof, or Indian tribe; (2) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe has a rational basis; (3) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe achieves its stated purpose; and. Snow Tire & Chain Requirements. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]. Washington, DC 20590 Subscribe to: Changes in Title 30 :: Chapter I :: Subchapter O :: Part 75 :: Subpart T :: Section 75.1906. [59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. 397.103 Requirements for State routing designations. 1993 placards will need to be displayed on all four sides of the fuel trailer when transporting diesel fuel. (d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. (xii) Climatic conditions. (iii) Facilities for food, fuel, repairs, rest, and safe havens. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. (a) The Administrator may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. 397.203 Standards for determining preemption. 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. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. 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. A DOT specification tank meets the federal requirement for the transport of Gas and AV Gas over a public roadway per Title 49 (Transportation) for transport in bulk containers. 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. Learn more about the eCFR, its status, and the editorial process. (2) The highway routing designation of the State, political subdivision thereof, or Indian tribe has been determined by a court of competent jurisdiction or in a determination issued pursuant to 397.211 to be preempted by the Act or the regulations issued thereunder. (b) Each application filed under this section for a determination must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Bulk packaging has no intermediate form of containment and has a maximum capacity greater than 119 gallons for a liquid hazmat. The can must be protected from damage during transport. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. Transporting Hazardous Materials by Highway. This bulletin includes guidance on how to comply with Canada's regulations for transporting oil, fuels, and oil or fuel by-products such as waste oil. ( Texas Tax Code (TTC) 162.001) Exception: Consideration shall be given to the amount of time during which an area will experience a heavy population density. This web site is designed for the current versions of Safety and environmental compliance resources that education employers need for the hazards and challenges facing their establishments. The State or Indian tribe shall comply with the public information and reporting requirements contained in 397.73. - 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. A separate drafting site The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Administrator within 45 days. (b) A motor carrier carrying hazardous materials required to be placarded or marked in accordance with 49 CFR 177.823 and not subject to NRHM routing designations pursuant to this subpart, shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that: (2) A reasonable deviation is necessary to reach terminals, points of loading and unloading, facilities for food, fuel, repairs, rest, or a safe haven; or. Use DOT-approved gas cans for safe fuel transport and storage. Common sense should also be a key guide when it comes to transporting fuel. 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 . This will link you to the U.S. Department of Transportation's Hazardous Materials Safety website. (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. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of -, (a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or. [57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]. Hazardous material. California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. 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. (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. will bring you to those results. For purposes of this subpart, the following definitions apply: Administrator. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. (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. The first interpretation is that farmers are not subject to any of the hazmat regulations as long as the agriculture product, in this case diesel fuel, is transported over local roads between fields of the same farm. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. (ix) Alternative routes. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November 14, 1994, and maintains or enforces such designation, shall comply with the highway routing standards set forth in 397.71 of this subpart. (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 . (v) Results of consultation with affected persons. of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . (Or, to transport hazardous materials over state lines.) The Administrator may publish the decision or notice of the decision in the Federal Register. 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. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. It is not an official legal edition of the CFR. 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. Act means 49 U.S.C. switch to drafting.ecfr.gov. (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. If no agreement is reached, the Administrator may take the matter under consideration and announce his or her decision in accordance with paragraph (f) of this section. Those not in commerce (e.g. 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. "Published Edition". (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. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce.