
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: 49USC30161]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
 
Sec. 30161. Judicial review of standards

    (a) Filing and Venue.--A person adversely affected by an order 
prescribing a motor vehicle safety standard under this chapter may apply 
for review of the order 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 business. The petition must be filed not 
later than 59 days after the order is issued.
    (b) Notifying Secretary.--The clerk of the court shall send 
immediately a copy of the petition to the Secretary of Transportation. 
The Secretary shall file with the court a record of the proceeding in 
which the order was prescribed.
    (c) Additional Proceedings.--(1) On request of the petitioner, the 
court may order the Secretary to receive additional evidence and 
evidence in rebuttal if the court is satisfied that the additional 
evidence is material and there were reasonable grounds for not 
presenting the evidence in the proceeding before the Secretary.
    (2) The Secretary may modify findings of fact or make new findings 
because of the additional evidence presented. The Secretary shall file a 
modified or new finding, a recommendation to modify or set aside the 
order, and the additional evidence with the court.
    (d) Certified Copies of Records of Proceedings.--The Secretary shall 
give any interested person a certified copy of the transcript of the 
record in a proceeding under this section on request and payment of 
costs. A certified copy of the record of the proceeding is admissible in 
a proceeding arising out of a matter under this chapter, regardless of 
whether the proceeding under this section has begun or becomes final.
    (e) Finality of Judgment and Supreme Court Review.--A judgment of a 
court under this section is final and may be reviewed only by the 
Supreme Court under section 1254 of title 28.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 966.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30161(a)..............................  15:1394(a)(1) (1st sentence),    Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         (3).                             105(a
)(1)-(5), (b), 80 Stat. 720, 721.
30161(b)..............................  15:1394(a)(1) (2d, last
                                         sentences).
30161(c)..............................  15:1394(a)(2).
30161(d)..............................  15:1394(b).
30161(e)..............................  15:1394(a)(4), (5).
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---------------------------------

    In subsection (a), the words ``In a case of actual controversy as to 
the validity of'' and ``who will be . . . when it is effective'' are 
omitted as surplus. The words ``an order prescribing a motor vehicle 
safety standard under this chapter'' are substituted for ``any order 
under section 1392 of this title'' for consistency. The words ``apply 
for review'' are added for clarity. The words ``The petition must be 
filed'' are substituted for ``at any time'' for clarity. The text of 
15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless 
otherwise stated.
    In subsection (b), the words ``or other officer designated by him 
for that purpose'' are omitted as surplus because of 49:322(b). The 
words ``in which the order was prescribed'' are substituted for ``on 
which the Secretary based his order'' for consistency. The words ``as 
provided in section 2112 of title 28'' are omitted as surplus.
    In subsection (c)(1), the words ``in such manner and upon such terms 
and conditions as to the court may seem proper'' are omitted as surplus. 
The words ``is satisfied'' are substituted for ``shows to the 
satisfaction of'' to eliminate unnecessary words. The words ``and to be 
adduced upon the hearing'' are omitted as unnecessary.
    In subsection (c)(2), the words ``with the court'' are substituted 
for ``the return of'' for clarity.
    In subsection (d), the words ``thereof'' and ``criminal, exclusion 
of imports, or other'' are omitted as surplus. The words ``under this 
section'' are substituted for ``with respect to the order'' for clarity. 
The word ``previously'' is omitted as surplus.
    In subsection (e), the words ``under this section is final and may 
be reviewed only'' are substituted for ``affirming or setting aside, in 
whole or in part, any such order of the Secretary shall be final, 
subject to review'' to eliminate unnecessary words. The text of 
15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of 
Appellate Procedure (28 App. U.S.C.).

                  Section Referred to in Other Sections

    This section is referred to in section 30103 of this title.
