
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: 49USC32503]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 325--BUMPER STANDARDS
 
Sec. 32503. Judicial review of bumper standards

    (a) Filing and Venue.--A person that may be adversely affected by a 
standard prescribed under section 32502 of this title may apply for 
review of the standard 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 59 days after the standard is prescribed.
    (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 standard 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 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 a 
standard, and the additional evidence with the court.
    (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 this section is in addition to 
any other remedies provided by law.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1043.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
32503(a)..............................  15:1913(a) (1st sentence), (c).  Oct. 2
0, 1972, Pub. L. 92-513, Sec.
                                                                          103, 
86 Stat. 950.
32503(b)..............................  15:1913(a) (2d, last
                                         sentences).
32503(c)..............................  15:1913(b).
32503(d)..............................  15:1913(d), (e).
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---------------------------------

    In subsection (a), the words ``may apply for'' are added for 
clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies 
unless otherwise stated.
    In subsection (b), the words ``or his delegate'' and ``thereupon'' 
are omitted as surplus. The words ``in which the standard was 
prescribed'' are substituted for ``on which the Secretary based his 
rule, as provided in section 2112 of title 28'' to eliminate unnecessary 
words.
    In subsection (c)(1), the words ``On request of the petitioner'' are 
substituted for ``If the petitioner applies to the court for leave to 
adduce'' to eliminate unnecessary words. The words ``the Secretary to 
receive'' are substituted for ``to be taken before the Secretary, and to 
be adduced in a hearing'' for clarity. The words ``in such manner and 
upon such terms and conditions as the court may deem proper'' are 
omitted as surplus.
    In subsection (c)(2), the words ``with the court'' are substituted 
for ``with the return of'' for clarity.
    In subsection (d), the words ``affirming or setting aside, in whole 
or in part, any such rule of the Secretary'' are omitted as surplus. The 
words ``may be reviewed only'' are substituted for ``shall be final, 
subject to review'' for clarity. The words ``and not in lieu of'' are 
omitted as surplus.
