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49 U.S.C. § 5127 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and Venue.—** Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
**(b) Judicial Procedures.—** When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(c) Authority of Court.—** The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
**(d) Requirement for Prior Objection.—** In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.
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Source location: Title 49, Chapter 51, § 5127; chapter-051-transportation-of-hazardous-material.md
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**(a) Filing and Venue.—** Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
**(b) Judicial Procedures.—** When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(c) Authority of Court.—** The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
**(d) Requirement for Prior Objection.—** In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)—
(1) $67,000,000 for fiscal year 2022;
(2) $68,000,000 for fiscal year 2023;
(3) $69,000,000 for fiscal year 2024;
(4) $70,000,000 for fiscal year 2025; and
(5) $71,000,000 for fiscal year 2026.
**(b) Hazardous Materials Emergency Preparedness Fund.—** From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2022 through 2026—
(1) $39,050,000 to carry out section 5116(a);
(2) $150,000 to carry out section 5116(e);
(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and
(4) $2,000,000 to carry out section 5116(i).
**(c) Hazardous Materials Training Grants.—** From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(e).
**(d) Community Safety Grants.—** Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(i).
**(e) Credits to Appropriations.—**
(1) **Expenses.—** — In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority or entity.
(2) **Availability of amounts.—** — Amounts made available under this section shall remain available until expended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5128
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
Page 231
TITLE 49—TRANSPORTATION
§ 5128
(2) any matter that is subject to the postal
laws and regulations of the United States
under this chapter or title 18 or 39.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783;
Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994,
108 Stat. 1678; Pub. L. 109–59, title VII, § 7124,
Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title
III, § 302(d), June 6, 2008, 122 Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5126(a) ........
49 App.:1818.
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 120; added
Nov. 16, 1990, Pub. L.
101–615, § 20, 104 Stat. 3270.
5126(b) ........
49 App.:1811(f).
Jan. 3, 1975, Pub. L. 93–633,
§ 112(f), 88 Stat. 2161; Nov.
30, 1979, Pub. L. 96–129,
§ 216(a), 93 Stat. 1015; re-
stated Nov. 16, 1990, Pub.
L. 101–615, § 13, 104 Stat.
3260.
In subsection (a), the word ‘‘manufactures’’ is sub-
stituted for ‘‘manufacturers’’ to correct an error in the
source provisions. The words ‘‘of the executive, legisla-
tive, or judicial branch’’, ‘‘be subject to and’’, ‘‘sub-
stantive and procedural’’, and ‘‘this chapter or any
other’’ are omitted as surplus.
Editorial Notes
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–244 amended Pub. L.
109–59. See 2005 Amendment note below.
2005—Subsec. (a). Pub. L. 109–59, § 7124(4), substituted
‘‘designing, manufacturing, fabricating, inspecting,
marking, maintaining, reconditioning, repairing, or
testing’’ for ‘‘manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing’’.
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244,
substituted ‘‘shall comply with this chapter’’ for ‘‘must
comply with this chapter’’.
Pub. L. 109–59, § 7124(1), (2), substituted ‘‘transp
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5127
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