49 U.S.C. § 5112: Highway routing of hazardous material

any use of a vehicle under this paragraph to transport any hazardous material in commerce; and any motor vehicle used to transport hazardous material in commerce. designations of specific highway routes over which hazardous material may and may not be transported by motor vehicle; and limitations and requirements related to highway routing. 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; minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement; 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; 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; 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 the designation, limitation, or requirement is not an unreasonable burden on commerce; a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way; 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; 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 for resolving a dispute between political subdivisions; and population densities; the types of highways; the types and amounts of hazardous material; emergency response capabilities; the results of consulting with affected persons; exposure and other risk factors; terrain considerations; the continuity of routes; alternative routes; the effects on commerce; delays in transportation; and other factors the Secretary considers appropriate. 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. In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations. the name of the State agency responsible for hazardous material highway route designations; and a list of the State’s currently effective hazardous material highway route designations. at least once every 2 years; and not later than 60 days after a hazardous material highway route designation is established, amended, or discontinued. 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. 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. the day the Secretary issues a final decision; or the last day of the one-year period beginning on the day the Secretary receives the petition. 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. This section and regulations prescribed under this section do not affect sections 31111 and 31113 of this title or section 127 of title 23 . 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 .