Page:United States Statutes at Large Volume 108 Part 2.djvu/67

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 783 preemption from a court of competent jurisdiction instead of apply- ing to the Secretary under paragraph (1) of this subsection. (e) WAIVER OF PREEMPTION. —^A State, political subdivision of a State, or Indian tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section. Under a procedure the Secretary prescribes by regulation, the Secretary may waive preemption on deciding the requirement— (1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and (2) is not an unreasonable burden on commerce. (f) JUDICIAL REVIEW.— ^A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final. (g) FEES.— A State, political subdivision of a State, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to trsinsporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response, § 5126. Relationship to other laws (a) CONTRACTS.—^A person under contract with a department, agency, or instrumentality of the United States Government that transports or causes to be transported hazardous material, or manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container that the person represents, marks, certifies, or sells as qualified for use in transporting hazardous material must comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the (Government, State and local governments, and Indian tribes (except a requirement preempted by a law of the United States) in the same way and to the same extent that any person engaging in that transportation, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing that is in or affects commerce must comply with the provision, regulation, order, or requirement. (b) NONAPPLICATION. —This chapter does not apply to— ..* (1) a pipeline subject to regulation under chapter 601 of this title; or (2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39. § 5127. Authorization of appropriations (a) GENERAL.—Not more than $18,000,000 may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1993, to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119). (b) HAZMAT EMPLOYEE TRAINING.— Not more than $250,000 is available to the Director of the National Institute of Environmental Health Sciences from the account established under section 5116(i) of this title for each of the fiscal years ending September 30, 1993-1998, to carry out section 5107(e) of this title.