[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: 49CFR397.65]

[Page 478-479]
 
                        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

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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.
    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.