(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. This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. Stay current on the critical safety and compliance news that impacts your business. The EPA is responsible for developing and implementing regulations for transportation fuels sold in the United States. DOT Requirements for Diesel Tanks - Online Freight Brokers Course 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 details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. (9) Factors to consider. Receive email updates about the latest in Safety, Innovation, and Infrastructure. A copy of each determination is placed on file in the public docket. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Navigate by entering citations or phrases Sign up for news, regulatory updates, compliance tips, deals and more. Regulations. (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. (d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in 397.5 and 397.7. result, it may not include the most recent changes applied to the CFR. Organization and Purpose 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. DOT Approved Gas Cans | How to Safety Store and Transport Gas at Work All other safety cans must be stored in permanent underground diesel fuel storage facilities. Non-bulk packaging has a maximum capacity of 119 gallons or less as a receptacle for a liquid hazmat. AGRICULTURE USE. DOT compliance made easy vehicle safety, truck driver safety, ELogs, hazmat, FMCSA compliance and more. 397.5 Attendance and surveillance of motor vehicles. FMCSA. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. (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. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. Information on NRHM routing designations must be made available by the States and Indian tribes to the public in the form of maps, lists, road signs or some combination thereof. NWCG Standards for Transporting Fuel. (b) Unless otherwise ordered by the Administrator, an application for a preemption determination which includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination. (eg: No changes found for this content after 1/03/2017. If you have questions or comments regarding a published document please (viii) Continuity of routes. DOT Regulations for Mobile Fuel Containers. (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 . (b) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways. (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. Basic Gas Can Safety . householders) are not subject to DOT regulations. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. (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. The route plan shall contain: (1) A statement of the origin and destination points, a route selected in compliance with this section, all planned stops, and estimated departure and arrival times; and. (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. Act 432 of 1982. The distance to sensitive areas shall be considered. Shippers play an important role in reducing this risk and preventing incidentsincluding fires aboard aircraft or other transport vehicles. (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. Transportation of spent nuclear fuel requires radical and scientific management due to radiation and high temperature. 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Text - S.259 - 118th Congress (2023-2024): Transportation Fuel Market (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. (b) Each application filed under this section for a waiver of preemption determination must: (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 being sought; (3) Include a copy of any relevant court order or determination issued pursuant to 397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and. will bring you directly to the content. (1) Every person hauling, transporting, or conveying motor fuel over any of the public highways of this state must, during the entire time he or she is so engaged, have in his or her possession an invoice or delivery ticket, bill of sale, or other record evidence showing the true . The 8 gallon thing is close but it is actually a maximum of 8 gal containers. Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof. DOT & Safety Regulations | UDOT 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 decision will include a written statement setting forth the relevant facts and the legal basis for the decision. (3) Consultation with others. 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. Secure .gov websites use HTTPS 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. Trump's administration rolled back several regulations on the . Topography along and adjacent to the proposed NRHM routing designation that may affect the potential severity of an accident, the dispersion of the NRHM upon release and the control and clean up of NRHM if released shall be considered. (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. (5) Agreement of other States; burden on commerce. In case of emergency, certain information must be kept with the shipping papers throughout shipment. (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. 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. will also bring you to search results. Search & Navigation (a) A State or Indian tribe shall comply with the Federal standards under paragraph (b) of this section when establishing, maintaining or enforcing specific NRHM routing designations over which NRHM may or may not be transported.