Page:United States Statutes at Large Volume 108 Part 2.djvu/293

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1009 (2) Not later than one year after the date the Secretary prescribes a regulation under section 31136 of this title or one year after the date the Panel decides under paragraph (1) of this subsection that a State law or regulation is related to commercial motor vehicle safety, whichever is later, the Panel shall— (A) decide whether the State law or regulation— (i) has the same effect as the regulation prescribed by the Secretary; (ii) is less stringent than that regulation; or (iii) is additional to or more stringent than that regulation; (B) decide, for each State law or regulation that the Panel decides is additional to or more stringent than the regulation prescribed by the Secretary, whether— (i) the State law or regulation has no safety benefit; (ii) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or (iii) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce; and (C) notify the Secretary of the Panel's decisions under this subsection. (c) REVIEW AND DECISIONS BY SECRETARY. —(1) The Secretary shall review each State law and regulation on commercial motor vehicle safety. Not later than 18 months after the date the Panel notifies the Secretary of a decision under subsection (b) of this section, the Secretary shall— (A) conduct a regulatory proceeding to decide under this subsection whether the State law or regulation may be enforced; and (B) prescribe a final regulation. Regulations. (2) If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced. (3) If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced. (4) If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that— (A) the State law or regulation has no safety benefit; (B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or (C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce. (5)(A) In deciding about a State law or regulation under this subsection, the Secretary shall give great weight to the corresponding decision made by the Panel about that law or regulation under subsection (b) of this section. (B) In deciding under paragraph (4) of this subsection whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with the implementation of all similar laws and regulations of other States.

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