§32503 — Title 49 Transportation | U.S. Code

Summary

Allows anyone who might be hurt by a bumper standard to ask a federal appeals court to review it. The person must file a petition in the D.C. Circuit or in the appeals court for the circuit where they live or do business within 59 days after the standard is made. The court clerk must send the petition right away to the Secretary of Transportation, who must file the record of the rulemaking. If the court asks, the Secretary can take extra evidence if it is important and there was a good reason it wasn’t shown earlier. The Secretary can change findings or make new ones and must file those, a recommendation to change or cancel the standard, and the new evidence. A court judgment can only be reviewed by the Supreme Court under 28 U.S.C. 1254. This review is in addition to any other legal remedies.

Title 49, §32503

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(a)A person that may be adversely affected by a standard prescribed under section 32502 of this title may apply for review of the standard 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 59 days after the standard is prescribed.

(b)The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the standard was prescribed.

(c)(1)On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary.

(2)The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside a standard, and the additional evidence with the court.

(d)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 this section is in addition to any other remedies provided by law.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32503(a)15:1913(a) (1st sentence), (c).Oct. 20, 1972, Pub. L. 92–513, § 103, 86 Stat. 950. 32503(b)15:1913(a) (2d, last sentences). 32503(c)15:1913(b). 32503(d)15:1913(d), (e). In subsection (a), the words “may apply for” are added for clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies unless otherwise stated. In subsection (b), the words “or his delegate” and “thereupon” are omitted as surplus. The words “in which the standard was prescribed” are substituted for “on which the Secretary based his rule, as provided in section 2112 of title 28” 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 for leave to adduce” to eliminate unnecessary words. The words “the Secretary to receive” are substituted for “to be taken before the Secretary, and to be adduced in a hearing” for clarity. The words “in such manner and upon such terms and conditions as the court may deem proper” are omitted as surplus. In subsection (c)(2), the words “with the court” are substituted for “with the return of” for clarity. In subsection (d), the words “affirming or setting aside, in whole or in part, any such rule of the Secretary” are omitted as surplus. The words “may be reviewed only” are substituted for “shall be final, subject to review” for clarity. The words “and not in lieu of” are omitted as surplus.

§32503 Judicial review of bumper standards

Summary

Title 49, §32503

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata