[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR397.75]



[Page 477-478]

 

                        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. 397.75  Dispute resolution.



    (a) Petition. One or more States or Indian tribes may petition the 

Administrator to resolve a dispute relating to an agreement on a 

proposed NRHM routing designation. In resolving a dispute under these 

provisions, the Administrator will provide the greatest level of safety 

possible without unreasonably burdening commerce, and ensure compliance 

with the Federal standards established at Sec. 397.71 of this subpart.

    (b) Filing. Each petition for dispute resolution filed under this 

section must:

    (1) Be submitted to the Administrator, Federal Motor Carrier Safety 

Administration, U.S. Department of Transportation, 400 7th Street, SW., 

Washington, DC 20590-0001. Attention: Office of the Chief Counsel (MC-

PSDCC).

    (2) Identify the State or Indian tribe filing the petition and any 

other State, political subdivision, or Indian tribe whose NRHM routing 

designation is the subject of the dispute.

    (3) Contain a certification that the petitioner has complied with 

the notification requirements of paragraph (c) of this section, and 

include a list of the names and addresses of each State, political 

subdivision, or Indian tribe official who was notified of the filing of 

the petition.

    (4) Clearly set forth the dispute for which resolution is sought, 

including a complete description of any disputed NRHM routing 

designation and an explanation of how the disputed routing designation 

affects the petitioner or how it impedes through highway routing. If the 

routing designation being disputed results in alternative routing, then 

a comparative risk analysis for the designated route and the resulting 

alternative routing shall be provided.

    (5) Describe any actions taken by the State or Indian tribe to 

resolve the dispute.

    (6) Explain the reasons why the petitioner believes that the 

Administrator should intervene in resolving the dispute.

    (7) Describe any proposed actions that the Administrator should take 

to resolve the dispute and how these actions would provide the greatest 

level of highway safety without unreasonably burdening commerce and 

would



[[Page 478]]



ensure compliance with the Federal standards established in this 

subpart.

    (c) Notice. (1) Any State or Indian tribe that files a petition for 

dispute resolution under this subpart shall mail a copy of the petition 

to any affected State, political subdivision, or Indian tribe, 

accompanied by a statement that the State, political subdivision, or 

Indian tribe may submit comments regarding the petition to the 

Administrator within 45 days.

    (2) By serving notice on any other State, political subdivision, or 

Indian tribe determined by the Administrator to be possibly affected by 

the issues in dispute or the resolution sought, or by publication in the 

Federal Register, the Administrator may afford those persons an 

opportunity to file written comments on the petition.

    (3) Any affected State, political subdivision, or Indian tribe 

submitting written comments to the Administrator with respect to a 

petition filed under this section shall send a copy of the comments to 

the petitioner and certify to the Administrator as to having complied 

with this requirement. The Administrator may notify other persons 

participating in the proceeding of the comments and provide an 

opportunity for those other persons to respond.

    (d) Court actions. After a petition for dispute resolution is filed 

in accordance with this section, no court action may be brought with 

respect to the subject matter of such dispute until a final decision has 

been issued by the Administrator or until the last day of the one-year 

period beginning on the day the Administrator receives the petition, 

whichever occurs first.

    (e) Hearings; alternative dispute resolution. Upon receipt of a 

petition filed pursuant to paragraph (a) of this section, the 

Administrator may schedule a hearing to attempt to resolve the dispute 

and, if a hearing is scheduled, will notify all parties to the dispute 

of the date, time, and place of the hearing. During the hearing the 

parties may offer any information pertinent to the resolution of the 

dispute. If an agreement is reached, it may be stipulated by the 

parties, in writing, and, if the Administrator agrees, made part of the 

decision in paragraph (f) of this section. If no agreement is reached, 

the Administrator may take the matter under consideration and announce 

his or her decision in accordance with paragraph (f) of this section. 

Nothing in this section shall be construed as prohibiting the parties 

from settling the dispute or seeking other methods of alternative 

dispute resolution prior to the final decision by the Administrator.

    (f) Decision. The Administrator will issue a decision based on the 

petition, the written comments submitted by the parties, the record of 

the hearing, and any other information in the record. The decision will 

include a written statement setting forth the relevant facts and the 

legal basis for the decision.

    (g) Record. The Administrator will serve a copy of the decision upon 

the petitioner and any other party who participated in the proceedings. 

A copy of each decision will be placed on file in the public docket. The 

Administrator may publish the decision or notice of the decision in the 

Federal Register.