Page:United States Statutes at Large Volume 98 Part 3.djvu/464

 98 STAT. 2836

PUBLIC LAW 98-554—OCT. 30, 1984

(e) If any State fails to submit any State law or regulation pertaining to commercial motor vehicle safety in accordance with this section, the Safety Panel shall analyze the laws and regulations of such State and determine which of such State's laws and regulations pertain to commercial motor vehicle safety. REVIEW AND PREEMPTION OF STATE REGULATIONS

49 USC app. 2507.

Regulations.

SEC. 208. (a) After the last day of the 60-month period beginning on the date of the enactment of this Act, no State may have in effect or enforce with respect to commercial motor vehicles any State law or regulation pertaining to commercial motor vehicle safety which the Secretary finds under this section may not be in effect and enforced. (b)(l) Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Safety Panel shall analyze the laws and regulations of each State and determine which of such laws and regulations pertain to commercial motor vehicle safety. (2) Within 12 months after the date on which the Secretary issues any regulation under section 206 or within 12 months after the date on which a State law or regulation is determined under paragraph (1) to pertain to commercial motor vehicle safety, whichever is later, the Safety Panel— (A) shall determine if such law or regulation— (i) has the same effect as; (ii) is less stringent than; or (iii) is additional to or more stringent than; the regulation issued by the Secretary under section 206; and (B) shall determine with respect to any State law or regulation which is determined under subparagraph (A) to be additional to or more stringent than the regulation issued by the Secretary under section 206 if— (i) there is no safety benefit associated with such State law or regulation; (ii) such State law or regulation is incompatible with the regulation issued by the Secretary under section 206; or (iii) enforcement of such State law or regulation would be an undue burden on interstate commerce; and (C) shall notify the Secretary of the determinations made under this subsection with respect to such State law or regulation. (c)(1) The Secretary shall review each State law and regulation pertaining to commercial motor vehicle safety. Within 18 months after the date the Secretary is notified by the Safety Panel of a determination regarding a State law or regulation under subsection (b), the Secretary (A) shall conduct a rulemaking proceeding to determine in accordance with the provisions of this subsection whether or not such law or regulation may be in effect and enforced with respect to commercial motor vehicles, and (B) shall issue a final rule in such rulemaking proceeding. (2) If the Secretary finds that the State law or regulation has the same effect as a regulation issued by the Secretary under section 206, the State law or regulation may be in effect and enforced with respect to commercial motor vehicles after the last day of the 60month period beginning on the date of the enactment of this Act. (3) If the Secretary finds that the State law or regulation is less stringent than a regulation issued by the Secretary under section

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