[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: 49CFR397.65]



[Page 472-473]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

        Subpart C_Routing of Non-Radioactive Hazardous Materials

 

Sec. 397.65  Definitions.



    For purposes of this subpart, the following definitions apply:

    Administrator. The Federal Motor Carrier Safety Administrator, who 

is the chief executive of the Federal Motor Carrier Safety 

Administration, an agency within the United States Department of 

Transportation, or his/her designate.

    Commerce. 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

    (2) Is solely within a place under the jurisdiction of a State or 

Indian tribe but which affects trade, traffic, or transportation 

described in subparagraph (a).

    FMCSA. The Federal Motor Carrier Safety Administration, an agency 

within the Department of Transportation.

    Hazardous material. A substance or material, including a hazardous 

substance, which has been determined by the Secretary of Transportation 

to be capable of posing an unreasonable risk to health, safety, or 

property when transported in commerce, and which has been so designated.

    Indian tribe. Has the same meaning as contained in Sec. 4 of the 

Indian Self-Determination and Education Act, 25 U.S.C. 450b.

    Motor carrier. A for-hire motor carrier or a private motor carrier 

of property. 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.

    Motor vehicle. 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.

    NRHM. A non-radioactive hazardous material transported by motor 

vehicle in types and quantities which require placarding, pursuant to 

Table 1 or 2 of 49 CFR 172.504.

    Political subdivision. A municipality, public agency or other 

instrumentality of one or more States, or a public corporation, board, 

or commission established under the laws of one or more States.

    Radioactive material. Any material having a specific activity 

greater than 0.002 microcuries per gram (uCi/g), as defined in 49 CFR 

173.403.



[[Page 473]]



    Routing agency. The State highway agency or other State agency 

designated by the Governor of that State, or an agency designated by an 

Indian tribe, to supervise, coordinate, and approve the NRHM routing 

designations for that State or Indian tribe.

    Routing designations. 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.

    Secretary. The Secretary of Transportation.

    State. A State of the United States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 

Islands, the Virgin Islands, American Samoa or Guam.