
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 140(b)(1)]
[Document affected by Public Law 107-71 Section 140(b)(2)]
[CITE: 49USC46110]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46110. Judicial review

    (a) Filing and Venue.--Except for an order related to a foreign air 
carrier subject to disapproval by the President under section 41307 or 
41509(f) of this title, a person disclosing a substantial interest in an 
order issued by the Secretary of Transportation (or the Administrator of 
the Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Administrator) 
under this part 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 
60th day only if there are reasonable grounds for not filing by the 60th 
day.
    (b) Judicial Procedures.--When a petition is filed under subsection 
(a) of this section, the clerk of the court immediately shall send a 
copy of the petition to the Secretary or Administrator, as appropriate. 
The Secretary or Administrator shall file with the court a record of any 
proceeding in which the order was issued, as provided in section 2112 of 
title 28.
    (c) Authority of Court.--When the petition is sent to the Secretary 
or Administrator, the court has exclusive jurisdiction to affirm, amend, 
modify, or set aside any part of the order and may order the Secretary 
or Administrator to conduct further proceedings. After reasonable notice 
to the Secretary or Administrator, the court may grant interim relief by 
staying the order or taking other appropriate action when good cause for 
its action exists. Findings of fact by the Secretary or Administrator, 
if supported by substantial evidence, are conclusive.
    (d) Requirement for Prior Objection.--In reviewing an order under 
this section, the court may consider an objection to an order of the 
Secretary or Administrator only if the objection was made in the 
proceeding conducted by the Secretary or Administrator or if there was a 
reasonable ground for not making the objection in the proceeding.
    (e) Supreme Court Review.--A decision by a court under this section 
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. 1230.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46110(a)..............................  49 App.:1486(a), (b) (as         Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         1486(a), (b) relates to          1006(
a), (b), (e), (f) (as Sec.
                                         Secretary and CAB).              1006(
a), (b), (e), (f) relates to
                                                                          Admin
istrator and CAB), 72 Stat. 795.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        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.
46110(b)..............................  49 App.:1486(c) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         Secretary and CAB).              1006(
c) (related to Administrator and
                                                                          CAB),
 72 Stat. 795; restated June 29,
                                                                          1960,
 Pub. L. 86-546, Sec.  1, 74
                                                                          Stat.
 255.
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46110(c)..............................  49 App.:1486(d) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         Secretary and CAB).              1006(
d) (related to Administrator and
                                                                          CAB),
 72 Stat. 795; restated Sept. 13,
                                                                          1961,
 Pub. L. 87-225, Sec.  2, 75
                                                                          Stat.
 497.
                                        49 App.:1486(e) (1st sentence
                                         related to Secretary and CAB).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46110(d)..............................  49 App.:1486(e) (last sentence)
                                         (related to Secretary and
                                         CAB).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46110(e)..............................  49 App.:1486(f) (related to
                                         Secretary and CAB).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a)-(d), the word ``Administrator'' in section 1006 
of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 795) is 
retained on authority of 49:106(g).
    In subsection (a), the words ``affirmative or negative'' are omitted 
as surplus. The words ``is issued'' are substituted for ``the entry of'' 
for consistency in the revised title and with other titles of the United 
States Code.
    In subsection (b), the words ``if any'' are omitted as surplus. The 
words ``of any proceeding'' are added for clarity. The words 
``complained of'' are omitted as surplus.
    In subsection (c), 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 (d), the words ``made in the proceeding conducted by'' 
are substituted for ``urged before'' for clarity.

                  Section Referred to in Other Sections

    This section is referred to in sections 1153, 41108, 41307, 44106, 
44709, 44710, 46301, 47532 of this title.
