[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: 49CFR397.75]

[Page 483-485]
 
                        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

[[Page 484]]

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, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 
Attention: Office of the Chief Counsel (MC-CC).
    (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 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

[[Page 485]]

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.

[36 FR 4876, Mar. 13, 1971, as amended at 72 FR 55703, Oct. 1, 2007]