49 U.S.C. § 32909 — Judicial review of regulations

Page 975 TITLE 49—TRANSPORTATION § 32909 not less often than every 5 years thereafter, the Admin- istrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall— ‘‘(1) reevaluate the fuel economy labeling proce- dures described in the final rule published in the Fed- eral Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and ‘‘(2) submit a report to the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 32909. Judicial review of regulations (a) FILING AND VENUE.—(1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901–32904 or 32908 of this title may apply for review of the regulation 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 busi- ness. (2) A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of busi- ness. (b) TIME FOR FILING AND JUDICIAL PROCE- DURES.—The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard sub- mitted to Congress under section 32902(c)(2) of this title must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Adminis- trator of the Environmental Protection Agency, whoever prescribed the regulation. The Sec- retary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed. (c) ADDITIONAL PROCEEDINGS.—(1) When re- viewing a regulation under subsection (a)(1) of this section, the court, on request of the peti- tioner, may order the Secretary or the Adminis- trator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the pro- ceeding before the Secretary or Administrator. (2) The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional sub- missions presented. The Secretary or Adminis- trator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regula- tion. (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, § 6(38), Oct. 31, 1994, 108 Stat. 4382.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32909(a)(1) .. 15:2004(a) (1st sen- tence words be- fore 4th and after 6th commas, last sentence). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 504; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 908. 32909(a)(2) .. 15:2004(a) (4th sen- tence). 15:2008(e)(3)(A) (1st sentence less 15th–31st words), (B). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 508(e)(3); added Nov. 9, 1978, Pub. L. 95–619, § 402, 92 Stat. 3256. 32909(b) ...... 15:2004(a) (1st sen- tence words be- tween 4th and 6th commas, 2d, 3d sentences). 15:2008(e)(3)(A) (1st sentence 15th–31st words, 2d, last sentences). 32909(c) ...... 15:2004(b). 32909(d) ...... 15:2004(c), (d). 15:2008(e)(3)(C). In this section, the word ‘‘regulation’’ is substituted for ‘‘rule’’ for consistency in the revised title and be- cause the terms are synonymous. In subsection (a)(1) and (2), the words ‘‘apply for re- view’’ are added for clarity. In subsection (a)(1), the text of 15:2004(a) (last sen- tence) is omitted because 15:2002(d) is executed and is not a part of the revised title. In subsection (a)(2), the words ‘‘adversely affected’’ are substituted for ‘‘aggrieved’’, and the words ‘‘regula- tion prescribed’’ are substituted for ‘‘final rule’’, for consistency in the revised title and with other titles of the United States Code. The text of 15:2004(a) (4th sen- tence) and 2008(e)(3)(B) is omitted because 5:ch. 7 ap- plies unless otherwise stated. In subsection (b), the words ‘‘a regulation prescribing an amendment of a standard submitted to Congress’’ are substituted for ‘‘or in the case of an amendment submitted to each House of Congress’’ in 15:2004(a), and the words ‘‘the Secretary of Transportation or the Ad- ministrator of the Environmental Protection Agency, whoever prescribed the regulation’’ are substituted for ‘‘the officer who prescribed the rule’’, for clarity. The words ‘‘a record of the proceeding in which the regula- tion was prescribed’’ are substituted for ‘‘the written submissions and other materials in the proceeding upon which such rule was based’’ in 15:2004(a) and ‘‘the writ- ten submissions to, and transcript of, the written and oral proceedings on which the rule was based, as pro- vided in section 2112 of title 28, United States Code’’ in 15:2008(e)(3) for consistency and to eliminate unneces- sary words. In subsection (c)(1), the words ‘‘on request of the peti- tioner’’ are substituted for ‘‘If the petitioner applies to the court in a proceeding under subsection (a) of this section for leave to make additional submissions’’, and the words ‘‘to receive additional submissions’’ are sub- stituted for ‘‘to provide additional opportunity to make such submissions’’, for clarity. In subsection (c)(2), the words ‘‘amend . . . the regu- lation’’ and ‘‘amended . . . regulation’’ are substituted for ‘‘modify . . . the rule’’ and ‘‘modified . . . rule’’, re- spectively, for consistency in the chapter and because ‘‘regulation’’ is synonymous with ‘‘rule’’. In subsection (d), the words ‘‘affirming or setting aside, in whole or in part’’ are omitted as surplus. The Page 976 TITLE 49—TRANSPORTATION § 32910 words ‘‘and not in lieu of’’ in 15:2004(d) are omitted as surplus. PUB. L. 103–429 This amends 49:32909(a)(1) to correct an erroneous cross-reference. Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–429 substituted ‘‘any of sections 32901–32904’’ for ‘‘section 32901–32904’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 32910. Administrative (a) GENERAL POWERS.—(1) In carrying out this chapter, the Secretary of Transportation or the Administrator of the Environmental Protection Agency may— (A) inspect and copy records of any person at reasonable times; (B) order a person to file written reports or answers to specific questions, including re- ports or answers under oath; and (C) conduct hearings, administer oaths, take testimony, and subpena witnesses and records the Secretary or Administrator considers ad- visable. (2) A witness summoned under paragraph (1)(C) of this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or order of the Secretary or Administrator under subsection (a) of this sec- tion may be brought in the district court of the United States for any judicial district in which the proceeding by the Secretary or Adminis- trator is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary or Administrator as a contempt of court. (c) DISCLOSURE OF INFORMATION.—The Sec- retary and the Administrator each shall disclose information obtained under this chapter (except information obtained under section 32904(c) of this title) under section 552 of title 5. However, the Secretary or Administrator may withhold information under section 552(b)(4) of title 5 only if the Secretary or Administrator decides that disclosure of the information would cause significant competitive damage. A matter re- ferred to in section 552(b)(4) and relevant to an administrative or judicial proceeding under this chapter may be disclosed in that proceeding. A measurement or calculation under section 32904(c) of this title shall be disclosed under sec- tion 552 of title 5 without regard to section 552(b). (d) REGULATIONS.—The Administrator may prescribe regulations to carry out duties of the Administrator under this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, § 6(39), Oct. 31, 1994, 108 Stat. 4382.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32910(a) ...... 15:2005(b)(1), (3). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 505(b), (d); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 909. 32910(b) ...... 15:2005(b)(2). 32910(c) ...... 15:2005(d). 32910(d) ...... (no source). In subsection (a)(1), before clause (A), the words ‘‘or their duly designated agents’’ are omitted as surplus because of 49:322(b) and section 3 of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2089). In clause (A), the words ‘‘inspect and copy records of any person’’ are substituted for ‘‘require, by general or spe- cial orders, that any person . . . (B) provide . . . access to (and for the purpose of examination, the right to copy) any documentary evidence of such person’’ to eliminate unnecessary words. The words ‘‘which is rel- evant to any functions of the Secretary or the EPA Ad- ministrator under this subchapter’’ are omitted as cov- ered by ‘‘In carrying out this chapter’’. In clause (B), the word ‘‘order’’ is substituted for ‘‘require, by general or special orders’’, and the words ‘‘including reports or answers under oath’’ are substituted for ‘‘Such reports and answers shall be made under oath or otherwise’’, to eliminate unnecessary words. The words ‘‘in such form as the Secretary or EPA Administrator may prescribe’’ and ‘‘shall be filed with the Secretary or the EPA Ad- ministrator within such reasonable period as either may prescribe’’ are omitted as surplus because of sub- section (d) of this section and 49:322(a). The words ‘‘re- lating to any function of the Secretary or the EPA Ad- ministrator under this subchapter’’ are omitted as sur- plus. In clause (C), the words ‘‘sit and act at such times and places’’ are omitted as being included in ‘‘conduct hearings’’. The words ‘‘subpena witnesses’’ are sub- stituted for ‘‘require, by subpena, the attendance and testimony of such witnesses’’ to eliminate unnecessary words. In subsection (b), the words ‘‘A civil action to enforce a subpena or order of the Secretary or Administrator under subsection (a) of this section may be brought in the district court of the United States for the judicial district in which the proceeding by the Secretary or Administrator was conducted’’ are substituted for 15:2005(b)(2) (1st sentence) for consistency and to elimi- nate unnecessary words. In subsection (c), the words ‘‘to the public’’ are omit- ted as surplus. The words ‘‘However, the Secretary or the Administrator may withhold information’’ are sub- stituted for ‘‘except that information may be withheld from disclosure’’ for clarity. Subsection (d) is added for convenience because throughout the chapter the Administrator is given au- thority to prescribe regulations to carry out duties of the Administrator. PUB. L. 103–429 This amends 49:32910(b) to clarify the restatement of 15:2005(b)(2) by section 1 of the Act of July 5, 1994 (Pub- lic Law 103–272, 108 Stat. 1071). Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–429 substituted ‘‘any ju- dicial district in which the proceeding by the Secretary or Administrator is conducted’’ for ‘‘the judicial dis- trict in which the proceeding by the Secretary or Ad- ministrator was conducted’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.