
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: 49USC60119]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 60119. Judicial review

    (a) Review of Regulations and Waiver Orders.--(1) Except as provided 
in subsection (b) of this section, a person adversely affected by a 
regulation prescribed under this chapter or an order issued about an 
application for a waiver under section 60118(c) or (d) of this title may 
apply for review of the regulation or 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 89 days after the 
regulation is prescribed or order is issued. The clerk of the court 
immediately shall send a copy of the petition to the Secretary of 
Transportation.
    (2) A judgment of a court under paragraph (1) of this subsection may 
be reviewed only by the Supreme Court under section 1254 of title 28. A 
remedy under paragraph (1) is in addition to any other remedies provided 
by law.
    (b) Review of Financial Responsibility Orders.--(1) A person 
adversely affected by an order issued under section 60111 of this title 
may apply for review of the order by filing a petition for review in the 
appropriate court of appeals of the United States. The petition must be 
filed not later than 60 days after the order is issued. Findings of fact 
the Secretary makes are conclusive if supported by substantial evidence.
    (2) A judgment of a court under paragraph (1) of this subsection may 
be reviewed only by the Supreme Court under section 1254(1) of title 28.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1323.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
60119(a)(1)...........................  49 App.:1675(a).                 Aug. 1
2, 1968, Pub. L. 90-481, Sec.
                                                                          8(a),
 82 Stat. 724; Nov. 30, 1979,
                                                                          Pub. 
L. 96-129, Secs.  104(e)(2),
                                                                          152(a
), 93 Stat. 994, 999; Jan. 14,
                                                                          1983,
 Pub. L. 97-468, Sec.  102, 96
                                                                          Stat.
 2543.
                                        49 App.:2005(a).                 Nov. 3
0, 1979, Pub. L. 96-129, Sec.
                                                                          206(a
), 93 Stat. 1009; Jan. 14, 1983,
                                                                          Pub. 
L. 97-468, Sec.  103, 96 Stat.
                                                                          2543.
60119(a)(2)...........................  49 App.:1675(b), (c).            Aug. 1
2, 1968, Pub. L. 90-481, Sec.
                                                                          8(b),
 (c), 82 Stat. 724; Nov. 30,
                                                                          1979,
 Pub. L. 96-129, Secs.
                                                                          104(e
)(3), 152(a), 93 Stat. 994, 999.
                                        49 App.:1675(d), (e).            Aug. 1
2, 1968, Pub. L. 90-481, Sec.
                                                                          8(d),
 (e), 82 Stat. 725; Nov. 30,
                                                                          1979,
 Pub. L. 96-129, Sec.  152(a), 93
                                                                          Stat.
 999.
                                        49 App.:2005(b)-(e).             Nov. 3
0, 1979, Pub. L. 96-129, Sec.
                                                                          206(b
)-(e), 93 Stat. 1009.
60119(b)(1)...........................  49 App.:1674b(b) (4)(A), (B).    Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                                                          720, 
Sec.  7(b)(4); added Nov. 30,
                                                                          1979,
 Pub. L. 96-129, Sec.  153, 93
                                                                          Stat.
 1002.
60119(b)(2)...........................  49 App.:1674b(b) (4)(C).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``judicial'' is omitted as surplus.
    In subsection (a)(1), the words ``Except as provided in subsection 
(b) of this section'' are added for clarity. The words ``who is or will 
be . . . or aggrieved'' are omitted as surplus. The word ``prescribed'' 
is added for consistency in the revised title and with other titles of 
the United States Code. The word ``Circuit'' is added to complete the 
proper title of the Court. The word ``resides'' is substituted for 
``located'' for clarity and for consistency in the revised title and 
with other titles of the Code. The words ``or other officer designated 
by him for that purpose'' are omitted as surplus because of 49:322(b).
    In subsection (a)(2), the text of 49 App.:1675(b) and 2005(b) is 
omitted as surplus because of 28:1331 and because 5:ch. 7 applies in the 
absence of an exception. The text of 49 App.:1675(d) and 2005(d) is 
omitted as covered by rule 43 of the Federal Rules of Appellate 
Procedure (28 App. U.S.C.). The words ``affirming or setting aside, in 
whole or in part, any such regulation or order of the Secretary'' are 
omitted as surplus. The words ``may be reviewed only'' are substituted 
for ``shall be final, subject to review'' for consistency. The words 
``and not in substitution for'' are omitted as surplus.
    In subsection (b)(1), the words ``adversely affected'' are 
substituted for ``aggrieved'' for consistency in the revised title and 
with other titles of the Code. The word ``only'' is omitted as surplus. 
The text of 49 App.:1674b(b)(4)(B) (1st sentence) is omitted as surplus 
because 28:2112 applies in the absence of an exception. The text of 49 
App.:1674b(b)(4)(B) (2d sentence) is omitted as surplus and because of 
28:1651.
    In subsection (b)(2), the words ``and decree'' are omitted as 
surplus. The words ``may be reviewed only'' are substituted for ``shall 
be final, except that such judgment and decree shall be subject to 
review'' for consistency and to eliminate unnecessary words. The words 
``upon certiorari'' are omitted as surplus because of 28:1254(1).
