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49 U.S.C. § 1153 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1153 — Judicial review

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Source file: Laws/federal/codes/united-states-code/title-49/section-1153-judicial-review--416e8e1566.md
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Source location: Title 49, Chapter 11, § 1153; chapter-011-national-transportation-safety-board.md

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**(a) General.—** The appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia Circuit may review a final order of the National Transportation Safety Board under this chapter. A person disclosing a substantial interest in the order may apply for review by filing a petition not later than 60 days after the order of the Board is issued. **(b) Persons Seeking Judicial Review of Aviation Matters.—** (1) A person disclosing a substantial interest in an order related to an aviation matter issued by the Board under this chapter may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60 days only if there was a reasonable ground for not filing within that 60-day period. (2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued. (3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive. (4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding. (5) A decision by a court under this subsection may be reviewed only by the Supreme Court under [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). **(c) Administrator Seeking Judicial Review of Aviation Matters.—** When the Administrator of the Federal Aviation Administration decides that an order of the Board under section 44703(d), 44709, or 46301(d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an aviation matter, the Administrator may obtain judicial review of the order under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim). The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence. **(d) Commandant Seeking Judicial Review of Maritime Matters.—** If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under [section 1133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1133&num=0&edition=prelim) will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46110 — Judicial review

**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. **(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1133 — Review of other agency action

The National Transportation Safety Board shall review on appeal— (1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title; (2) the revocation of a certificate of registration under [section 44106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim); (3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or [section 9303 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9303&num=0&edition=prelim); and (4) under [section 46301(d)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46301/d/5&num=0&edition=prelim), an order imposing a penalty under section 46301.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(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

49 U.S.C. § 1153 — Judicial review

Page 179 TITLE 49—TRANSPORTATION § 1153 joined as a party or permitted to intervene in the proceeding or civil action. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1152 ............ 49 App.:1489. Aug. 23, 1958, Pub. L. 85–726, § 1009, 72 Stat. 796. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168. The words ‘‘civil action’’ are substituted for ‘‘pro- ceedings . . . begun originally in any court of the United States’’ for consistency with rule 2 of the Fed- eral Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘section 1132, 1134(b) or (f)(1) (related to an air- craft accident), or 1155(a) of this title’’ are substituted for ‘‘the provisions of this chapter’’ in 49 App.:1489 be- cause 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transpor- tation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word ‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. The word ‘‘requirement’’ is omitted as included in ‘‘order’’. The words ‘‘or any term, condi- tion, or limitation of any certificate or permit’’ are omitted because the Board does not have authority to issue certificates or permits. The words ‘‘may be joined as a party or permitted to intervene’’ are substituted for ‘‘it shall be lawful to include as parties, or to per- mi

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 1153

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