(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. (a) The State routing agency, as defined in 397.201(c), shall select routes to minimize radiological risk using Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials, or an equivalent routing analysis which adequately considers overall risk to the public. Motor carrier. 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. Please do not provide confidential The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. 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. (c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with 397.223. Learn more about the eCFR, its status, and the editorial process. Read this complete Code of Federal Regulations Title 49. formatting. (e) Hearings; alternative dispute resolution. 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. (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. Vehicular Transportation of Liquefied Petroleum Gas. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. 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. (Or, to transport hazardous materials over state lines.) A separate drafting site Attention: Office of the Chief Counsel (MC-CC). (d) The Administrator may serve notice on any other persons readily identifiable by the Administrator as persons who will be affected by the determination sought and may afford those persons an opportunity to file written comments on the application. (f) Decision. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. (a) The Administrator may initiate an investigation of any statement in an application and utilize any relevant facts obtained by that investigation. 397.2 Compliance with Federal motor carrier safety regulations. (xiii) Congestion and accident history. A DOT 406 specification tank meets the federal requirements for the transport of Gasoline and AvGas over public roadways per Title 49 (Transportation) for transport in bulk containers. Consideration shall be given to the alternative routes to, or resulting from, any NRHM route designation. citations and headings Stay current on the critical safety and compliance news that impacts your business. The cost of fuel, the cost of labor, and infrastructure improvements are all factors that can have an impact on transportation expenses. Special populations such as schools, hospitals, prisons, and senior citizen homes shall, among other things, be considered when determining the potential risk to the populations along a highway routing. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. DOT Regulations for Mobile Fuel Containers. Storage materials you should avoid include tin, copper, lead, zinc and brass. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. However, the driver may prepare the written plan as agent for the motor carrier when the trip begins at a location other than the carrier's terminal. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. (a) Petition. Third, if the empty packaging contains only the residue of an ORM-D Consumer Commodity, a Division 2.2 non-flammable gas described in 49 CFR 173.29(b)(2)(iv)(B), or the residue does not meet the definition of a hazardous substance, a hazardous waste, or a marine pollutant. (iii) The State or Indian tribe shall attempt to resolve any concern or disagreement expressed by any consulted official related to the proposed routing designation. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (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. You must also have good knowledge of safety and transport regulations. Businesses, on the other hand, can transport propane under the "Materials of Trade" (MOT) exception. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. When it comes to safe storage and transport, not all gasoline cans are equal. If you have questions or comments regarding a published document please FMCSA. But, confusion arises for diesel in first determining if it is regulated or not. . Requirements for motor carriers and drivers. 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 NRHM over a specific highway route or portion of a route. Motor Carrier Registration & Credentials. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. State. (a) Any State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by the Act, 397.203 of this subpart, or a court of competent jurisdiction. The transporter must notify the DOT immediately if there is a spill, fire, injury, death or other incident the driver finds worthy of reporting. [/box] [box . (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. 397.219 Waiver determination and order. DOT Fuel Transportation Regulations | Legal Beagle (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. Use DOT-approved gas cans for safe fuel transport and storage. Share sensitive information only on official, secure websites. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. Motor vehicle. After a petition for dispute resolution is filed in accordance with this section, no court action may be brought with respect to the subject matter of such dispute until a final decision has been issued by the Administrator or until the last day of the one-year period beginning on the day the Administrator receives the petition, whichever occurs first. will also bring you to search results. Regulation Y U.S. If an agreement is reached, it may be stipulated by the parties, in writing, and, if the Administrator agrees, made part of the decision in paragraph (f) of this section. full text search results The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. Strong communication, problem-solving, organization, and customer service skills are essential. Interpretation Response | PHMSA View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. DOT Regulations | Quality Fuel Trailer and Tank, Inc. We recommend you directly contact the agency responsible for the content in question. In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. (1) Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction: (i) Electronically, by email to HMRouting@dot.gov; or. (6) Timeliness. (3) The applicant fails to provide the notice required by this subpart. SE, Washington, DC 20590-0001. February 27, 2023 at 3:00 a.m. EST. [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 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. This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . DOT Requirements The Department of Transportation's (DOT) requirements for diesel fuel tanks fall under three parts: Part 393.67, Part 571.301 and Part 393.65. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. 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). Act 432 of 1982. Every employee who handles, ships, packages, loads, unloads, labels, and transports hazardous materials like fuel must undergo hazardous material (hazmat) training. Receive email updates about the latest in Safety, Innovation, and Infrastructure. Further, a safety can by definition is a container with a capacity of 5 gallons or less and equipped with a spring-closing lid and spout cover, a means to . (c) A State or Tribally-designated route is effective only after it 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. https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. (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.