What does 49 CFR 397.69 (Highway routing designations; preemption) require?

Short answer

49 CFR 397.69 requires states and Indian tribes to comply with federal highway routing standards when establishing or modifying highway routing designations for non-radioactive hazardous materials.

The rule says

"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 397.71 of this subpart." (49 CFR 397.69(a))

"An NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. 5125(c)." (49 CFR 397.69(b))

In plain English

This rule ensures that states and Indian tribes follow federal standards when designating routes for hazardous materials transportation, preventing conflicting or unsafe routes. If a state or tribe establishes a route that doesn't comply with these standards, it can be preempted by federal law.

What to do

• Review and comply with federal highway routing standards in 49 CFR 397.71 when establishing or modifying highway routing designations.
• Ensure that all highway routing designations are made in accordance with the requirements of 49 CFR 397.69.
• Be aware of the preemption provisions in 49 CFR 397.69(b) and 49 U.S.C. 5125(c) to avoid potential conflicts with federal law.