§46110 — Title 49 Transportation | U.S. Code

Summary

A person who has a big interest in an order from the Secretary of Transportation (or from the TSA or FAA administrators when they are doing certain duties) can ask a federal appeals court to review that order. This does not include orders about foreign air carriers that the President can reject under sections 41307 or 41509(f). The petition must be filed in the U.S. Court of Appeals for the D.C. Circuit or the appeals court for the circuit where the person lives or has their main business. It must be filed within 60 days of the order, unless there is a good reason for filing late. When a petition is filed, the court clerk must send a copy to the proper agency, and that agency must file the case record under section 2112 of title 28. The appeals court alone can confirm, change, or cancel any part of the order and can send it back for more action. After giving fair notice, the court may temporarily stop the order or take other steps if there is good cause. The court must accept the agency’s factual findings if they are backed by substantial evidence. The court will only consider objections that were raised at the agency level, unless there was a good reason they were not. Only the Supreme Court can review the appeals court’s decision under section 1254 of title 28.

Title 49, §46110

Transportation — Source: USLM XML via OLRC

(a)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 Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 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)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, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration 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)When the petition is sent to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to conduct further proceedings. After reasonable notice to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, 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, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, if supported by substantial evidence, are conclusive.

(d)In reviewing an order under this section, the court may consider an objection to an order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration only if the objection was made in the proceeding conducted by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration or if there was a reasonable ground for not making the objection in the proceeding.

(e)A decision by a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 46110(a)49 App.:1486(a), (b) (as 1486(a), (b) relates to Secretary and CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(a), (b), (e), (f) (as § 1006(a), (b), (e), (f) relates to Administrator and CAB), 72 Stat. 795. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 46110(b)49 App.:1486(c) (related to Secretary and CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(c) (related to Administrator and CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, § 1, 74 Stat. 255. 49 App.:1551(b)(1)(E). 49 App.:1655(c)(1). 46110(c)49 App.:1486(d) (related to Secretary and CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(d) (related to Administrator and CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, § 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.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–63 substituted “subsection (l) or (r) of section 114” for “subsection (l) or (s) of section 114”. 2018—Pub. L. 115–254, § 1991(f)(4), substituted “Administrator of the Transportation Security Administration,” for “Under Secretary,” wherever appearing. Pub. L. 115–254, § 1991(f)(2), substituted “or Administrator of the Federal Aviation Administration” for “or Administrator” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(f)(3), substituted “by the Administrator of the Federal Aviation Administration)” for “by the Administrator)”. Pub. L. 115–254, § 1991(f)(1), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary”. 2003—Subsec. (a). Pub. L. 108–176, in first sentence, struck out “safety” before “duties and powers designated to be carried out by the Administrator)” and substituted “in whole or in part under this part, part B, or subsection (l) or (s) of section 114” for “under this part”. 2001—Subsec. (a). Pub. L. 107–71, § 140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”. Subsecs. (b) to (d). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

§46110 Judicial review