Page:United States Statutes at Large Volume 108 Part 2.djvu/55

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 771 (c) LIST OF ROUTE DESIGNATIONS. — In coordination with the Records. States, the Secretary shall update and publish periodically a list Publication, of currently effective hazardous material highway route designations. (d) DISPUTE RESOLUTION.—(1) The Secretary shall prescribe Regulations, 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. (2) 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. (3)(A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of— - (i) the day the Secretary issues a final decision; or (ii) the last day of the one-year period beginning on the day the Secretary receives the petition. (B) 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. (e) RELATIONSHIP TO OTHER LAWS.— This section and regulations prescribed under this section do not affect sections 31111 and 31113 of this title or section 127 of title 23. (f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.— 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. § 5113. Unsatisfactory safety rating (a) PROHIBITED TRANSPORTATION.— ^A motor carrier receiving an unsatisfactory safety rating from the Secretary of Transportation has 45 days to improve the rating to conditional or satisfactory. Beginning on the 46th day and until the motor carrier receives a conditional or satisfactory rating, a motor carrier not having received a conditional or satisfactory rating during the 45-day period may not operate a commercial motor vehicle (as defined in section 31132 of this title)— (1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or (2) to transport more than 15 individuals. (b) RATING REVIEW. —The Secretary shall review the factors that resulted in a motor carrier receiving an unsatisfactory rating not later than 30 days after the motor carrier requests a review. (c) PROHIBITED GOVERNMENT USE. —^A department, agency, or instrumentality of the United States Government may not use a motor carrier that has an unsatisfactory rating from the Secretary—

�