49 U.S.C. § 5112 : US Code - Section 5112: Highway routing of hazardous material

Search 49 U.S.C. § 5112 : US Code - Section 5112: Highway routing of hazardous material

(a) Application. - (1) This section applies to a motor vehicle
only if the vehicle is transporting hazardous material in commerce
for which placarding of the vehicle is required under regulations
prescribed under this chapter. However, the Secretary by regulation
may extend application of this section or a standard prescribed
under subsection (b) of this section to -
(A) any use of a vehicle under this paragraph to transport any
hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in
commerce.
(2) Except as provided by subsection (d) of this section and
section 5125(c) of this title, each State and Indian tribe may
establish, maintain, and enforce -
(A) designations of specific highway routes over which
hazardous material may and may not be transported by motor
vehicle; and
(B) limitations and requirements related to highway routing.
(b) Standards for States and Indian Tribes. - (1) The Secretary,
in consultation with the States, shall prescribe by regulation
standards for States and Indian tribes to use in carrying out
subsection (a) of this section. The standards shall include -
(A) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe shall
enhance public safety in the area subject to the jurisdiction of
the State or tribe and in areas of the United States not subject
to the jurisdiction of the State or tribe and directly affected
by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public
participation when the State or Indian tribe is establishing a
highway routing designation, limitation, or requirement;
(C) a requirement that, in establishing a highway routing
designation, limitation, or requirement, a State or Indian tribe
consult with appropriate State, local, and tribal officials
having jurisdiction over areas of the United States not subject
to the jurisdiction of that State or tribe establishing the
designation, limitation, or requirement and with affected
industries;
(D) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe shall
ensure through highway routing for the transportation of
hazardous material between adjacent areas;
(E) a requirement that a highway routing designation,
limitation, or requirement of one State or Indian tribe affecting
the transportation of hazardous material in another State or
tribe may be established, maintained, and enforced by the State
or tribe establishing the designation, limitation, or requirement
only if -
(i) the designation, limitation, or requirement is agreed to
by the other State or tribe within a reasonable period or is
approved by the Secretary under subsection (d) of this section;
and
(ii) the designation, limitation, or requirement is not an
unreasonable burden on commerce;
(F) a requirement that establishing a highway routing
designation, limitation, or requirement of a State or Indian
tribe be completed in a timely way;
(G) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe provide
reasonable routes for motor vehicles transporting hazardous
material to reach terminals, facilities for food, fuel, repairs,
and rest, and places to load and unload hazardous material;
(H) a requirement that a State be responsible -
(i) for ensuring that political subdivisions of the State
comply with standards prescribed under this subsection in
establishing, maintaining, and enforcing a highway routing
designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions;
and
(I) a requirement that, in carrying out subsection (a) of this
section, a State or Indian tribe shall consider -
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers appropriate.
(2) The Secretary may not assign a specific weight that a State
or Indian tribe shall use when considering the factors under
paragraph (1)(I) of this subsection.
(c) List of Route Designations. - In coordination with the
States, the Secretary shall update and publish periodically a list
of currently effective hazardous material highway route
designations.
(d) Dispute Resolution. - (1) The Secretary shall prescribe
regulations for resolving a dispute related to through highway
routing or to an agreement with a proposed highway route
designation, limitation, or requirement between or among States,
political subdivisions of different States, or Indian tribes.
(2) A State or Indian tribe involved in a dispute under this
subsection may petition the Secretary to resolve the dispute. The
Secretary shall resolve the dispute not later than one year after
receiving the petition. The resolution shall provide the greatest
level of highway safety without being an unreasonable burden on
commerce and shall ensure compliance with standards prescribed
under subsection (b) of this section.
(3)(A) After a petition is filed under this subsection, a civil
action about the subject matter of the dispute may be brought in a
court only after the earlier of -
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on the day
the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of
the Secretary under this subsection may bring a civil action for
judicial review of the decision in an appropriate district court of
the United States not later than 89 days after the day the decision
becomes final.
(e) Relationship to Other Laws. - This section and regulations
prescribed under this section do not affect sections 31111 and
31113 of this title or section 127 of title 23.
(f) Existing Radioactive Material Routing Regulations. - The
Secretary is not required to amend or again prescribe regulations
related to highway routing designations over which radioactive
material may and may not be transported by motor vehicles, and
limitations and requirements related to the routing, that were in
effect on November 16, 1990.