
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC351]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER III--MISCELLANEOUS
 
Sec. 351. Judicial review of actions in carrying out certain 
        transferred duties and powers
        
    (a) Judicial Review.--An action of the Secretary of Transportation 
in carrying out a duty or power transferred under the Department of 
Transportation Act (Public Law 89-670, 80 Stat. 931), or an action of 
the Administrator of the Federal Railroad Administration, the Federal 
Highway Administration, or the Federal Aviation Administration in 
carrying out a duty or power specifically assigned to the Administrator 
by that Act, may be reviewed judicially to the same extent and in the 
same way as if the action had been an action by the department, agency, 
or instrumentality of the United States Government carrying out the duty 
or power immediately before the transfer or assignment.
    (b) Application of Procedural Requirements.--A statutory requirement 
related to notice, an opportunity for a hearing, action on the record, 
or administrative review that applied to a duty or power transferred by 
the Act applies to the Secretary or Administrator when carrying out the 
duty or power.
    (c) Nonapplication.--This section does not apply to a duty or power 
transferred from the Interstate Commerce Commission to the Secretary 
under section 6(e)(1)-(4) and (6)(A) of the Act.

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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351...................................  49 App.:1653(c).                 Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          4(c),
 80 Stat. 933.
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    In this subchapter, the words ``duty or power'' are substituted for 
``functions, powers, and duties'' for clarity and consistency. The words 
``department, agency, or instrumentality of the United States 
Government'' are substituted for ``department or agency'' for 
consistency in the revised title and with other titles of the United 
States Code.
    In subsection (a), the word ``orders'' is omitted as being included 
in ``action''.

                       References in Text

    The Department of Transportation Act, referred to in subsecs. (a) 
and (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, 
which was classified principally to sections 1651 to 1660 of former 
Title 49, Transportation. The Act was repealed and the provisions 
thereof reenacted in Title 49, Transportation, by Pub. L. 97-449, Jan. 
12, 1983, 96 Stat. 2413, and Pub. L. 103-272, July 5, 1994, 108 Stat. 
745. The Act was also repealed by Pub. L. 104-287, Sec. 7(5), Oct. 11, 
1996, 110 Stat. 3400. For disposition of sections of former Title 49, 
see Table at the beginning of Title 49.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of this 
title, and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. References to Interstate Commerce Commission 
deemed to refer to Surface Transportation Board, a member or employee of 
the Board, or Secretary of Transportation, as appropriate, see section 
205 of Pub. L. 104-88, set out as a note under section 701 of this 
title.
