[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: 49CFR397.67]

[Page 479-480]
 
                        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.  397.67  Motor carrier responsibility for routing.

    (a) A motor carrier transporting NRHM shall comply with NRHM routing 
designations of a State or Indian tribe pursuant to this subpart.
    (b) A motor carrier carrying hazardous materials required to be 
placarded or marked in accordance with 49 CFR 177.823 and not subject to 
a NRHM routing designations pursuant to this subpart, shall operate the 
vehicle over routes which do not go through or near heavily populated 
areas, places where crowds are assembled, tunnels, narrow streets, or 
alleys, except where the motor carrier determines that:
    (1) There is no practicable alternative;
    (2) A reasonable deviation is necessary to reach terminals, points 
of loading and unloading, facilities for food, fuel, repairs, rest, or a 
safe haven; or
    (3) A reasonable deviation is required by emergency conditions, such 
as a detour that has been established by a highway authority, or a 
situation exists where a law enforcement official requires the driver to 
take an alternative route.
    (c) Operating convenience is not a basis for determining whether it 
is practicable to operate a motor vehicle in accordance with paragraph 
(b) of this section.
    (d) Before a motor carrier requires or permits a motor vehicle 
containing explosives in Class 1, Divisions 1.1, 1.2, 1.3, as defined in 
49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or 
its agent shall prepare a

[[Page 480]]

written route plan that complies with this section and shall furnish a 
copy to the driver. However, the driver may prepare the written plan as 
agent for the motor carrier when the trip begins at a location other 
than the carrier's terminal.