; and (B) the Secretary has not issued a waiver under this section. (2) Availability of waiver (A) In general A State may apply for a waiver from this requirement. (B) Granting of waiver The Secretary may grant a waiver based on safety factors, historical preservation factors, or any other factor the Secretary considers relevant. (3) Regulations Not later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to carry out this section. . (2) Clerical amendment The table of sections for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following new item: 171. Use of tiles in initial construction, replacement, or repair in tunnel projects. .