49 U.S.C. § 5127 — Judicial review

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 ‘‘transports hazardous material, or causes hazardous material to be transported,’’ for ‘‘transports or causes to be trans- ported hazardous material,’’ and ‘‘designs, manufac- tures, fabricates, inspects, marks, maintains, recondi- tions, repairs, or tests a package, container, or pack- aging component that is represented’’ for ‘‘manufac- tures, fabricates, marks, maintains, reconditions, re- pairs, or tests a packaging or a container that the per- son represents, marks, certifies, or sells’’. 1994—Subsec. (a). Pub. L. 103–311 substituted ‘‘a pack- aging or a’’ for ‘‘a package or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day be- fore June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways. § 5127. Judicial review (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. (c) AUTHORITY OF COURT.—The court has exclu- sive 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 pro- ceedings. (d) REQUIREMENT FOR PRIOR OBJECTION.—In re- viewing a final action under this section, the court may consider an objection to a final ac- tion 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. (Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.) Editorial Notes PRIOR PROVISIONS A prior section 5127 was renumbered section 5128 of this title. § 5128. Authorization of appropriations (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 PRE- PAREDNESS FUND.—From the Hazardous Mate- rials Preparedness Fund established under sec- tion 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 Pre- paredness 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 with- hold $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 oth- erwise made available to carry out this chap- ter, the Secretary may credit amounts re- ceived from a State, Indian tribe, or other