[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: 49CFR397.69]

[Page 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.  397.69  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.