[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: 49CFR397.69]



[Page 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. 397.69  Highway routing designations; preemption.



    (a) Any State or Indian tribe that establishes or modifies a highway 

routing designation over which NRHM may or may not be transported on or 

after November 14, 1994, and maintains or enforces such designation, 

shall comply with the highway routing standards set forth in Sec. 

397.71 of this subpart. 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.

    (b) Except as provided in Sec. Sec. 397.75 and 397.219, a NRHM 

route designation made in violation of paragraph (a) of this section is 

preempted pursuant to section 105(b)(4) of the Hazardous Materials 

Transportation Act (49 U.S.C. app. 1804(b)(4)). This provision shall 

become effective after November 14, 1996.

    (c) A highway routing designation established by a State, political 

subdivision, or Indian tribe before November 14, 1994 is subject to 

preemption in accordance with the preemption standards in paragraphs 

(a)(1) and (a)(2) of Sec. 397.203 of this subpart.

    (d) A State, political subdivision, or Indian tribe may petition for 

a waiver of preemption in accordance with Sec. 397.213 of this part.