What does 49 CFR 397.75 (Dispute resolution) require?

Short answer

49 CFR 397.75 requires one or more States or Indian tribes to petition the Administrator to resolve a dispute relating to an agreement on a proposed NRHM routing designation. The petition must include specific information, such as the dispute, actions taken to resolve it, and proposed actions for the Administrator to take.

The rule says

"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." (49 CFR 397.75(a))

"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." (49 CFR 397.75(b))

"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 397.71 of this subpart." (49 CFR 397.75(a))

In plain English

This regulation provides a process for States or Indian tribes to resolve disputes related to NRHM routing designations. The petition must be submitted to the Administrator with specific information, including the dispute, actions taken to resolve it, and proposed actions for the Administrator to take. The Administrator will then review the petition and make a decision that prioritizes safety while minimizing the impact on commerce. In practice, this means that States or Indian tribes must carefully prepare their petitions and provide all required information to ensure a thorough review by the Administrator.

What to do

• Submit a petition to the Administrator with all required information, including the dispute, actions taken to resolve it, and proposed actions for the Administrator to take.
• Ensure the petition is submitted to the correct address: Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
• Provide a comparative risk analysis for the designated route and the resulting alternative routing, if applicable.
• Certify that the petitioner has complied with the notification requirements 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.