
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: 49USC32909]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 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 business.
    (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 business.
    (b) Time for Filing and Judicial Procedures.--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 submitted 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 Administrator of the Environmental Protection Agency, whoever 
prescribed the regulation. The Secretary or the Administrator shall file 
with the court a record of the proceeding in which the regulation was 
prescribed.
    (c) Additional Proceedings.--(1) When reviewing a regulation under 
subsection (a)(1) of this section, the court, on request of the 
petitioner, may order the Secretary or the Administrator 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 proceeding 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 
submissions presented. The Secretary or Administrator shall file an 
amended or new regulation and the additional submissions with the court. 
The court shall review a changed or new regulation.
    (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, Sec. 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103-
429, Sec. 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 sentence words   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                         before 4th and after 6th         947, 
Sec.  504; added Dec. 22, 1975,
                                         commas, last sentence).          Pub. 
L. 94-163, Sec.  301, 89 Stat.
                                                                          908.
32909(a)(2)...........................  15:2004(a) (4th sentence).
                                        15:2008(e)(3)(A) (1st sentence   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                         less 15th-31st words), (B).      947, 
Sec.  508(e)(3); added Nov. 9,
                                                                          1978,
 Pub. L. 95-619, Sec.  402, 92
                                                                          Stat.
 3256.
32909(b)..............................  15:2004(a) (1st sentence words
                                         between 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 because the terms are 
synonymous.
    In subsection (a)(1) and (2), the words ``apply for review'' are 
added for clarity.
    In subsection (a)(1), the text of 15:2004(a) (last sentence) 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 ``regulation 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 sentence) and 2008(e)(3)(B) is omitted because 5:ch. 7 applies 
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 
Administrator 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 
regulation 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 written submissions to, and 
transcript of, the written and oral proceedings on which the rule was 
based, as provided in section 2112 of title 28, United States Code'' in 
15:2008(e)(3) for consistency and 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 in a proceeding 
under subsection (a) of this section for leave to make additional 
submissions'', and the words ``to receive additional submissions'' are 
substituted for ``to provide additional opportunity to make such 
submissions'', for clarity.
    In subsection (c)(2), the words ``amend . . . the regulation'' and 
``amended . . . regulation'' are substituted for ``modify . . . the 
rule'' and ``modified . . . rule'', respectively, 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 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.


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-429 substituted ``any of sections 
32901-32904'' for ``section 32901-32904''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 33117 of this title.
