Page:United States Statutes at Large Volume 98 Part 3.djvu/463

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2835

date of enactment shall, for purposes of this title, be deemed to be regulations issued by the Secretary under this section. (f) After notice and an opportunity for comment, the Secretary may waive, in whole or in part, application of any regulation issued under this section with respect to any person or class of persons if the Secretary determines that such waiver is not contrary to the public interest and is consistent with the safe operation of commercial motor vehicles. Under this subsection, the Secretary shall waive application of the regulations issued under this section with respect to schoolbuses, as defined in section 102(14) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391(14)), unless the Secretary determines that making such regulations applicable to such schoolbuses is necessary for public safety taking into account all Federal and State laws applicable to such schoolbuses. Any waiver authorized under this subsection shall be published in the Federal Register, together with the reasons for such waiver. (g) Any final agency action taken under this section shall be subject to judicial review under chapter 7 of title 5, United States Code.

5 USC 701 et seq.

(h) Section 3102 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Before prescribing or revising any requirement under this section, the Secretary shall consider the costs and benefits of such requirement.". SUBMISSION OF STATE REGULATIONS FOR REVIEW

SEC. 207. (a) Any State which enacts, adopts, issues, or has in effect any law or regulation pertaining to commercial motor vehicle safety and is interested in having in effect and enforcing such law or regulation after the last day of the 60-month period beginning on the date of the enactment of this Act shall, before the last day of the 6-month period beginning on such date of enactment, submit to the Secretary and the Safety Panel a copy of such law or regulation. (b) Any State which enacts, adopts, or issues any law or regulation pertaining to commercial motor vehicle safety after the last day of the 6-month period beginning on the date of the enactment of this Act shall (immediately after such enactment, adoption, or issuance) submit to the Secretary and the Safety Panel a copy of such law or regulation. (c) Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue initial guidelines to assist the States in compiling and submitting State laws and regulations and other information under this section. (d) As soon as practicable but not later than such time as the Safety Panel may establish, any State which submits a law or regulation under this section to the Safety Panel— (1) shall indicate, in writing, to the Safety Panel if such law or regulation— (A) has the same effect as; (B) is less stringent than; or (C) additional to or more stringent than; any regulation issued by the Secretary under section 6; and (2) shall submit to the Safety Panel such other information as the Safety Panel or the Secretary may require to carry out the objectives of this title.

49 USC app 2506.