(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. A copy of each decision will be placed on file in the public docket. (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. When transporting diesel fuel, many often wonder if placarding is required. 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. 30 CFR 75.1906 - Transport of diesel fuel. | Electronic Code of (2) Identify the State or Indian tribe filing the petition and any other State, political subdivision, or Indian tribe whose NRHM routing designation is the subject of the dispute. Routing of Non-Radioactive Hazardous Materials. The second explanation, which was included in the magazine article, adds one additional caveat to the first interpretation: that . FMCSA. (3) Any affected State, political subdivision, or Indian tribe submitting written comments to the Administrator with respect to a petition filed under this section shall send a copy of the comments to the petitioner and certify to the Administrator as to having complied with this requirement. DOT Approved Gas Cans. - Occupational Safety and Health Administration The flash-point, the temperature at which a fuel can vaporize to form an ignitable mixture, for gasoline is less than -40C (-40F). As a This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. (1) The State gives written notice to the Federal Motor Carrier Safety Administration: (ii) By certified mail, return receipt requested, to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. As a Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. An official website of the United States government Here's how you know. Adjacent jurisdictions shall be consulted to ensure routing continuity for NRHM across common borders. (ii) It is agreed to by the affected State or Indian tribe within 60 days of receipt of the notice sent pursuant to paragraph (b)(3)(i) of this section, or it is approved by the Administrator pursuant to 397.75. Washington, DC 20590 United States. 1 CFR 1.1 here. 322; 49 CFR 1.87. (eg: The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. (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. If you work for a Federal agency, use this drafting Act 387 of 2012, Regional Transit Authority Act. DOT Regulations on Transporting Fuel - Online Freight Brokers Course (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. Choosing an item from formatting. Fuel systems for commercial vehicles and auxiliary equipment are subject to location, installation, and other requirements that ensure drivers and other road users stay safe. This is an automated process for Title 49 was last amended 2/03/2023. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. ( Texas Tax Code (TTC) 162.001) Exception: (3) The highway routing designation is preempted pursuant to 397.69(b) of this part. (xiii) Congestion and accident history. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. (e) Any person submitting written comments to the Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant. 49 CFR 173.241 specifies that non-DOT specification cargo tank motor vehicles are suitable for the transport of such fuels. or less - $300,000. (a) Except as provided in paragraph (b) of this section, a motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. This web site is designed for the current versions of In establishing any NRHM routing designation, the State or Indian tribe shall ensure through highway routing for the transportation of NRHM between adjacent areas. (e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. (8) Responsibility for local compliance. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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. 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. (3) The written route plan specified in 397.67. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (b) Filing. 49 CFR 173.242 cites DOT 406 tanks as suitable for the transport of such materials. (2) A 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 49 U.S.C. Notice for both the comment period and the public hearing, if one is held, shall be given by publication in at least two newspapers of general circulation in the affected area or areas and shall contain a complete description of the proposed routing designation, together with the date, time, and location of any public hearings. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. If that is the case, what you have are bulk packagings of a hazardous . 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. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. Transfer Flow refueling tanks must be attended to at all times during loading and unloading by a qualified person as described respectively in 49 CFR 177.834 (i), (3), and (4) Refueling tanks must be retested every 2 1/2 years in accordance with 49 CFR 180.352. (6) Explain the reasons why the petitioner believes that the Administrator should intervene in resolving the dispute. here. Transportation of fuel shall be accomplished by portable fuel cans with a maximum capacity of 5 gallons each, or cargo fuel tanks. (xi) Delays in transportation. In evaluating an application, the Administrator may consider any other source of information. The petition filed with the Administrator must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. The State shall make available to the public, upon payment of prescribed costs, copies of the transcript of the hearing, which shall include all exhibits and documents presented during the hearing or submitted for the record. [36 FR 4876, Mar. (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. 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. 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. Use the navigation links in the gray bar above to view the table of contents that this content belongs to.