§32909 — Title 49 Transportation | U.S. Code

Summary

If a person is hurt by a rule made to carry out sections 32901–32904 or 32908, the person can ask a federal appeals court to review that rule. They can file in the U.S. Court of Appeals for the D.C. Circuit or in the appeals court for the circuit where they live or have their main business. If the rule was made under section 32912(c)(1), the person must file in the appeals court for the circuit where they live or have their main business. The petition must be filed within 59 days after the rule is issued, except that for a rule that changes a standard sent to Congress under section 32902(c)(2), the 59 days start after the end of the 60-day period mentioned in section 32902(c)(2). The court clerk will send the petition to the Secretary of Transportation or the EPA Administrator who made the rule, and that official must send the court the record. The court can allow new evidence if it is important and there was a good reason it was not given earlier. The Secretary or Administrator may change, cancel, or make a new rule because of the new material and must file the change with the court for review. Only the Supreme Court can review the court’s judgment under section 1254 of title 28. These review options are in addition to any other legal remedies.

Title 49, §32909

Transportation — Source: USLM XML via OLRC

(a)(1)A person that may be adversely affected by a regulation prescribed in carrying out any of section 32901–32904 or 32908 of this title may apply for review of the regulation 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.

(2)A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.

(b)The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under section 32902(c)(2) of this title must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.

(c)(1)When reviewing a regulation under subsection (a)(1) of this section, the court, on request of the petitioner, may order the Secretary or the Administrator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary or Administrator.

(2)The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.

(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 subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 32909(a)(1)15:2004(a) (1st sentence words before 4th and after 6th commas, last sentence).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 504; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 908. 32909(a)(2)15:2004(a) (4th sentence). 15:2008(e)(3)(A) (1st sentence less 15th–31st words), (B).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 508(e)(3); added Nov. 9, 1978, Pub. L. 95–619, § 402, 92 Stat. 3256. 32909(b)15:2004(a) (1st sentence words between 4th and 6th commas, 2d, 3d sentences). 15:2008(e)(3)(A) (1st sentence 15th–31st words, 2d, last sentences). 32909(c)15:2004(b). 32909(d)15:2004(c), (d). 15:2008(e)(3)(C). In this section, the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous. In subsection (a)(1) and (2), the words “apply for review” are added for clarity. In subsection (a)(1), the text of 15:2004(a) (last sentence) is omitted because 15:2002(d) is executed and is not a part of the revised title. In subsection (a)(2), the words “adversely affected” are substituted for “aggrieved”, and the words “regulation prescribed” are substituted for “final rule”, for consistency in the revised title and with other titles of the United States Code. The text of 15:2004(a) (4th sentence) and 2008(e)(3)(B) is omitted because 5:ch. 7 applies unless otherwise stated. In subsection (b), the words “a regulation prescribing an amendment of a standard submitted to Congress” are substituted for “or in the case of an amendment submitted to each House of Congress” in 15:2004(a), and the words “the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation” are substituted for “the officer who prescribed the rule”, for clarity. The words “a record of the proceeding in which the regulation was prescribed” are substituted for “the written submissions and other materials in the proceeding upon which such rule was based” in 15:2004(a) and “the written submissions to, and transcript of, the written and oral proceedings on which the rule was based, as provided in section 2112 of title 28, United States Code” in 15:2008(e)(3) for consistency and 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 in a proceeding under subsection (a) of this section for leave to make additional submissions”, and the words “to receive additional submissions” are substituted for “to provide additional opportunity to make such submissions”, for clarity. In subsection (c)(2), the words “amend . . . the regulation” and “amended . . . regulation” are substituted for “modify . . . the rule” and “modified . . . rule”, respectively, for consistency in the chapter and because “regulation” is synonymous with “rule”. In subsection (d), the words “affirming or setting aside, in whole or in part” are omitted as surplus. The words “and not in lieu of” in 15:2004(d) are omitted as surplus. Pub. L. 103–429This amends 49:32909(a)(1) to correct an erroneous cross-reference.

Editorial Notes

Amendments

1994—Subsec. (a)(1). Pub. L. 103–429 substituted “any of section 32901–32904” for “section 32901–32904”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§32909 Judicial Review of Regulations