[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR397.201]



[Page 482]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec.  397.201  Purpose and scope of the procedures.



    Source: 57 FR 44132, Sept. 24, 1992, unless otherwise noted.





    (a) This subpart prescribes procedures by which:

    (1) Any person, including a State, political subdivision thereof, or 

Indian tribe, directly affected by any highway routing designation for 

hazardous materials may apply to the Administrator for a determination 

as to whether that highway routing designation is preempted under 49 

U.S.C. 5125, or Sec.  397.69 or Sec.  397.203 of this part; and

    (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. 5125, 

or Sec.  397.69 or Sec.  397.203 of this part, or that has been 

determined by a court of competent jurisdiction to be so preempted.

    (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.

    (c) For purposes of this part:

    Act means 49 U.S.C. 5101 et seq., formerly known as the Hazardous 

Materials Transportation Act.

    Administrator means the Federal Highway Administrator, who is the 

chief executive of the Federal Motor Carrier Safety Administration, an 

agency of the United States Department of Transportation, or his/her 

designate.

    Hazardous material means 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 section 4 of the 

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

    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.

    Political subdivision includes a municipality; a 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.

    Routing agency means the State highway agency or other State agency 

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

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

designations for that State or Indian tribe. Any highway routing 

designation made by a political subdivision of a State shall be 

considered a designation made by that State.

    Routing designation includes 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 hazardous materials over a 

specific highway route or portion of a route.

    State means 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, Guam, or any other 

territory or possession of the United States designated by the 

Secretary.



[57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]