397.213 Waiver of preemption application. A carrier's safety rating can also be affected. Choosing an item from This is an automated process for formatting. 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. 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. ( c) Safety cans that leak must be promptly removed from the mine. 49 U.S.C. will bring you to those results. Oil Spill Prevention and Response Plan. Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 397. the hierarchy of the document. (a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. DOUBLE-WALL CONSTRUCTION: A double-wall tank is not required per FEDERAL transportation requirements for the transport of diesel or gasoline in bulk containers, but MAY be required by local or other jurisdictional regulations. The Clean Air Act requires EPA to regulate fuels and fuel additives for use in motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if such fuel, fuel additive or any emission products causes or contributes to air or water pollution that may endanger the public health or welfare. (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. developer resources. (a) Any person aggrieved by an order issued under 397.211 or 397.219 may file a petition for reconsideration with the Administrator. 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. A proud American manufacturer for over 25 years! (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. switch to drafting.ecfr.gov. A sole owner, partnership, corporation or other organization transporting gasoline or diesel fuel in Texas as a motor fuel transporter using truck, railroad tank car or marine vessel outside the bulk transfer/terminal system is required to be licensed by the Comptroller's office. 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. (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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your . 2 Diesel Fuel (UN1202/NA1993) and Jet-A/Jet Fuel (UN1863) BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the Hazardous Materials Table found in 49 CFR 172.101. Stay current on the critical safety and compliance news that impacts your business. 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. US DOT - RITA. The decision will include a written statement setting forth the relevant facts and the legal basis for the decision. (b) No more than one safety can shall be transported on a vehicle at any time. (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title. In fact, a driver's age must exceed 21 to operate across state lines. 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. NWCG Standards for Transporting Fuel. Chapter 287 Procurement of Personal Property and ServicesPart I. 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.. [57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]. Hazardous material. (c) A driver of a motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must be in possession of, be familiar with, and be in compliance with. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. Nothing in this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section. Indian tribe has the same meaning as contained in section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 2 Diesel Fuel and Jet-A/Jet Fuel BUT IS NOT REQUIRED per Special Provision B1 found in 49 CFR 172.102, p. 325 noted in the . Contact Us. AGRICULTURE USE. Applicable to on and off-road vehicles but not . (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. If no response is received within 60 days from the day of receipt of the notification of the proposed routing designation, the routing designation shall be considered approved by the affected State or Indian tribe. (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. 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. In resolving a dispute under these provisions, the Administrator will provide the greatest level of safety possible without unreasonably burdening commerce, and ensure compliance with the Federal standards established at 397.71 of this subpart. Any trade, traffic, or transportation in the United States which: (1) Is between a place under the jurisdiction of a State or Indian tribe and any place outside of such jurisdiction; or. The E-Cube Mobile is authorized for the transport of Gas as an UN 31A Group Y IBC. 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. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. (iv) Emergency response capabilities. [59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]. Trump's administration rolled back several regulations on the . (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. [36 FR 4876, Mar. 3 comments UTC - AAM - ASTM The transporter will be required to ensure compliance with the set regulations and rules that pertains the transportation of fuel. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. (7) Reasonable routes to terminals and other facilities. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. (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. Attention: National Hazardous Materials Route Registry. 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted. Subpart A also issued under 49 U.S.C. 49 CFR 172.101 (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. (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. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. 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. For-hire carrier transporting passengers in a vehicle with a seating capacity of 15 or fewer - $1,500,000. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (d) A list of State-designated preferred routes and a copy of the Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. 206.20 Transportation of motor fuel over public highways.. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. Organization and Purpose This is for Vermont only. (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. If you have questions or comments regarding a published document please We protect people and the businesses they run.. See 49 CFR 393.65 for requirements that . Transporting Fuel: The Federal Motor Carrier Safety Administration (FMSCA) under the Department of Transportation regulates the transportation of hazardous materials, including fuel, on the nation's highways. 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. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations. Highway routing designations; preemption. Washington, DC 20590 United States. 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. FAR). The container carrying the fuel must be constructed so that the fuel will not leak or spill.
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