[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR397.1] [Page 475-476] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents Subpart A_General Sec. 397.1 Application of the rules in this part. Subpart A_General Sec. 397.1 Application of the rules in this part. 397.2 Compliance with Federal motor carrier safety regulations. 397.3 State and local laws, ordinances, and regulations. 397.5 Attendance and surveillance of motor vehicles. 397.7 Parking. 397.9 [Reserved] 397.11 Fires. 397.13 Smoking. 397.15 Fueling. 397.17 Tires. 397.19 Instructions and documents. Subpart B [Reserved] Subpart C_Routing of Non-Radioactive Hazardous Materials 397.61 Purpose and scope. 397.63 Applicability. 397.65 Definitions. 397.67 Motor carrier responsibility for routing. 397.69 Highway routing designations; preemption. [[Page 476]] 397.71 Federal standards. 397.73 Public information and reporting requirements. 397.75 Dispute resolution. 397.77 Judicial review of dispute decision. Subpart D_Routing of Class 7 (Radioactive) Materials 397.101 Requirements for motor carriers and drivers. 397.103 Requirements for State routing designations. Subpart E_Preemption Procedures 397.201 Purpose and scope of the procedures. 397.203 Standards for determining preemption. 397.205 Preemption application. 397.207 Preemption notice. 397.209 Preemption processing. 397.211 Preemption determination. 397.213 Waiver of preemption application. 397.215 Waiver notice. 397.217 Waiver processing. 397.219 Waiver determination and order. 397.221 Timeliness. 397.223 Petition for reconsideration. 397.225 Judicial review. Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125. Source: 36 FR 4876, Mar. 13, 1971, unless otherwise noted. Editorial Note: Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. (a) The rules in this part apply to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with Sec. 177.823 of this title and to-- (1) Each officer or employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials; and (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]