
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC1153]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
 
Sec. 1153. Judicial review

    (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.
    (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 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. 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.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 756.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
1153(a)...............................  49 App.:1655(d) (last            Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                         sentence).                       6(d),
 80 Stat. 938.
                                        49 App.:1903(d).                 Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(d
), 88 Stat. 2171.
1153(b)(1)............................  49 App.:1486(a), (b) (as         Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         1486(a), (b) relates to CAB).    1006(
a), (b), (e), (f) (as Sec.
                                                                          1006(
a), (b), (e), (f) relates to
                                                                          CAB),
 72 Stat. 795.
                                        49 App.:1655(d) (1st sentence).
1153(b)(2)............................  49 App.:1486(c) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         CAB).                            1006(
c) (related to CAB), 72 Stat.
                                                                          795; 
restated June 29, 1960, Pub. L.
                                                                          86-54
6, Sec.  1, 74 Stat. 255.
                                        49 App.:1655(d) (1st sentence).
1153(b)(3)............................  49 App.:1486(d), (e) (1st        Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentence) (as 1486(d), (e)       1006(
d) (related to CAB), 72 Stat.
                                         (1st sentence) relates to        795; 
restated Sept. 13, 1961, Pub. L.
                                         CAB).                            87-22
5, Sec.  2, 75 Stat. 497.
                                        49 App.:1655(d) (1st sentence).
1153(b)(4)............................  49 App.:1486(e) (last sentence
                                         related to CAB).
                                        49 App.:1655(d) (1st sentence).
1153(b)(5)............................  49 App.:1486(f) (related to
                                         CAB).
                                        49 App.:1655(d) (1st sentence).
1153(c)...............................  49 App.:1429(a) (8th-last        Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentences related to             609(a
) (8th-last sentences related to
                                         Administrator under subch.       Admin
istrator under title VII), 72
                                         VII).                            Stat.
 779; Nov. 18, 1971, Pub. L. 92-
                                                                          159, 
Sec.  2(a), 85 Stat. 481; Aug.
                                                                          26, 1
992, Pub. L. 102-345, Sec.
                                                                          3(a)(
2), 106 Stat. 925.
                                        49 App.:1471(a) (3)(D)(v)        Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         (related to Administrator        731, 
Sec.  901(a) (3)(D)(v) (related
                                         under subch. VII).               to Ad
ministrator under title VII);
                                                                          added
 Nov. 18, 1988, Pub. L. 100-690,
                                                                          Sec. 
 7208(b), 102 Stat. 4429;
                                                                          resta
ted Aug. 26, 1992, Pub. L. 102-
                                                                          345, 
Sec.  2(a), 106 Stat. 923.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
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    In subsection (a), the text of 49 App.:1903(d) (last sentence) is 
omitted as unnecessary because 5:ch. 7 applies by its own terms. The 
words ``final order'' are substituted for ``order, affirmative or 
negative'' in 49 App.:1903(d) and ``Decisions of the National 
Transportation Safety Board made pursuant to the exercise of the 
functions, powers, and duties enumerated in this subsection shall be 
administratively final'' in 49 App.:1655(d) to eliminate unnecessary 
words. The words ``is issued'' are substituted for ``after the entry'' 
for consistency in the revised title and with other titles of the United 
States Code. The text of 49 App.:1655(d) (last sentence words after last 
comma) is omitted as unnecessary because of 49 App.:1903(d).
    In subsection (b)(1), the words ``affirmative or negative'' are 
omitted as surplus. The words ``related to an aviation matter'' are 
added because the source provisions being restated only apply to 
aviation matters. The words ``is issued'' are substituted for ``the 
entry of'' for consistency in the revised title and with other titles of 
the Code.
    In subsection (b)(2), the words ``if any'' are omitted as surplus. 
The words ``of the proceeding'' are added for clarity. The words 
``complained of'' and ``as provided in section 2112 of title 28'' are 
omitted as surplus.
    In subsection (b)(3), the word ``amend'' is added for consistency in 
the revised title. The word ``interim'' is substituted for 
``interlocutory'' for clarity. The words ``taking other appropriate 
action'' are substituted for ``by such mandatory or other relief as may 
be appropriate'' for clarity and to eliminate unnecessary words.
    In subsection (b)(4), the words ``made in the proceeding conducted 
by'' are substituted for ``urged before'' for clarity.
    In subsection (c), the source provisions are combined to eliminate 
unnecessary words and are restated in this chapter to alert the reader 
to the authority of the Administrator of the Federal Aviation 
Administration to seek judicial review of an order of the National 
Transportation Safety Board under section 44709 or 46301(d) of the 
revised title that the Administrator decides will have a significant 
adverse impact on carrying out source provisions restated in this 
chapter that are derived from title VII of the Federal Aviation Act of 
1958 (Public Law 85-726, 72 Stat. 781).
