What does 49 CFR 397.71 (Federal standards) require?

Short answer

49 CFR 397.71 requires states and Indian tribes to comply with federal standards when establishing, maintaining, or enforcing routing designations for non-radioactive hazardous materials (NRHM). The standards include enhancement of public safety, agreement of other states, and reasonable routes to terminals and facilities.

The rule says

"The Federal standards are as follows: (1) Enhancement of public safety." (49 CFR 397.71(b))

"Agreement of other States; burden on commerce. Any NRHM routing designation which affects another State or Indian tribe shall be established, maintained, or enforced only if: (i) It does not unreasonably burden commerce, and (ii) It is agreed to by the affected State or Indian tribe within 60 days of receipt of the notice sent pursuant to paragraph (b)(3)(i) of this section, or it is approved by the Administrator pursuant to 397.75." (49 CFR 397.71(b)(5))

"Reasonable routes to terminals and other facilities. In establishing or providing for reasonable access to and from designated routes, the State or Indian tribe shall use the shortest practicable route considering the factors listed in paragraph (b)(9) of this section." (49 CFR 397.71(b)(7))

In plain English

Compliance with 49 CFR 397.71 means that states and Indian tribes must prioritize public safety when designating routes for NRHM transportation. This involves conducting risk analyses to determine the safest routes and ensuring that routing designations do not unreasonably burden commerce or interfere with the operations of other states or Indian tribes. Additionally, states and Indian tribes must provide reasonable access to terminals, facilities, and other necessary locations for NRHM transportation. In practice, this means that states and Indian tribes must balance the need to protect public safety with the need to facilitate the efficient transportation of NRHM.

What to do

• Conduct risk analyses to determine the safest routes for NRHM transportation
• Ensure that routing designations do not unreasonably burden commerce or interfere with the operations of other states or Indian tribes
• Provide reasonable access to terminals, facilities, and other necessary locations for NRHM transportation
• Establish and maintain routing designations in accordance with the federal standards outlined in 49 CFR 397.71