§1133 — Title 49 Transportation | U.S. Code

Summary

The National Transportation Safety Board must review appeals in four kinds of cases. These are actions by the Secretary of Transportation about certificates under 44703, 44709, or 44710; revocation of a registration under 44106; Coast Guard department head decisions upholding an administrative law judge’s denial, revocation, or suspension of a license, certificate, document, or register in proceedings under 6101, 6301, 7503, chapter 77, or 9303 of title 46; and orders imposing penalties under 46301 when appealed under 46301(d)(5).

Title 49, §1133

Transportation — Source: USLM XML via OLRC

The National Transportation Safety Board shall review on appeal—

(1)the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;

(2)the revocation of a certificate of registration under section 44106 of this title;

(3)a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and

(4)under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1133(1)–(3)49 App.:1903(a)(9).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, § 4(b), 98 Stat. 2315. 1133(4)(no source). In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section. In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34). Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1133 Review of other agency action