[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR355.5]



[Page 32-33]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 355_COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING INTERSTATE 

MOTOR CARRIER OPERATIONS--Table of Contents

 

             Subpart A_General Applicability and Definitions

 

Sec. 355.5  Definitions.



    Unless specifically defined in this section, terms used in this part 

are subject to the definitions in 49 CFR 390.5.

    Compatible or Compatibility means that State laws and regulations 

applicable to interstate commerce and to intrastate movement of 

hazardous materials are identical to the FMCSRs and the HMRs or have the 

same effect as the FMCSRs; and that State laws applicable to intrastate 

commerce are either identical to, or have the same effect as, the FMCSRs 

or fall within the established limited variances under Sec. Sec. 

350.341, 350.343, and 350.345 of this subchapter.

    Federal Hazardous Materials Regulations (FMHRs) means those safety 

regulations which are contained in parts 107, 171-173, 177, 178 and 180, 

except part 107 and Sec. Sec. 171.15 and 171.16.

    Federal Motor Carrier Safety Regulations (FMCSRs) means those safety 

regulations which are contained in parts



[[Page 33]]



390, 391, 392, 393, 395, 396, and 397 of this subchapter.

    State means a State of the United States, the District of Columbia, 

the Commonwealth of Puerto Rico, the Commonwealth of the Northern 

Mariana Islands, American Samoa, Guam and the Virgin Islands.



[57 FR 40962, Sept. 8, 1992, as amended at 65 FR 15109, Mar. 21, 2000]