108 STAT. 770 PUBLIC LAW 103-272—JULY 5, 1994 (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.
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