Page:United States Statutes at Large Volume 104 Part 4.djvu/935

 PUBLIC LAW 101-615—NOV. 16, 1990 104 STAT. 3251 "(D) CONTINUATION OF EFFECTIVENESS DURING DISPUTE RESOLUTION. —The Secretary may permit a highway route designation or limitation or requirement of a State or Indian tribe to continue in effect pending the resolution of a dispute under paragraph (5) relating to such designation, limitation, or requirement. "(5) DISPUTE RESOLUTION. — "(A) PETITION OF SECRETARY.—I f a dispute over a matter relating to through highway routing or a dispute relating to g^eement with a proposed highway route designation, limitation, or requirement arises between or among States, political subdivisions of different States, or Indian tribes, 1 or more of such States or Indian tribes may petition the Secretary to resolve the dispute. "(B) PROCEDURE.—The Secretary shall, within 18 months of the date of the enactment of the Hazardous Materials Transportation Uniform Safety Act of 1990, issue regulations for resolving disputes under this paragraph. "(C) TIME PERIOD. — The Secretary shall resolve a dispute under this paragraph within 1 year after the date the Secretary receives the petition for resolution of such dispute. "(D) STANDARD.—Resolution of a dispute under this paragraph shall provide the greatest level of highway safety without unreasonably burdening commerce and shall ensure compliance with the Federal standards established pursuant to paragraph (2). " (E) LIMITATION ON JUDICIAL REVIEW.— After a petition is filed under this paragraph to resolve a dispute, no court action may be brought with respect to the subject matter of such dispute until a final decision of the Secretary is issued under this paragraph or the last day of the 1-year period beginning on the day the Secretary receives such petition, whichever occurs first. "(F) JUDICIAL REVIEW.— Any State or Indian tribe which is adversely affected by a decision of the Secretary under this paragraph may, at any time before the 90th day following the date such decision becomes final, bring an action for judicial review in an appropriate district court of the United States. "(6) LIMITATION ON STATUTORY CONSTRUCTION. —Nothing in this subsection and the regulations issued under this subsection shall be construed as superseding or otherwise affecting application of section 127 of title 23, United States Code, relating to vehicle weight limitations, or section 411 or 416 of the Surface Transportation Assistance Act of 1982, relating to vehicle length and vehicle width limitations, respectively. "(7) LIMITATION ON APPLICABILITY. — "(A) PLACARDED MOTOR VEHICLES. — Subject to subparagraph (B), this subsection only applies to a motor vehicle if the vehicle is transporting in commerce a hgizardous material for which placarding of the vehicle is required in accordance with the regulations issued under this title. "(B) AUTHORITY TO EXTEND APPLICABILITY. — The Secretary Motor vehicles, may, by regulation, extend application of this subsection or any Federal standard established pursuant to paragraph (2)—

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