Title 49TransportationRelease 119-73not60

§46109 Joinder and Intervention

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart iv— enforcement and penalties › Chapter 461— INVESTIGATIONS AND PROCEEDINGS › § 46109

Last updated Apr 5, 2026|Official source

Summary

Anyone who is interested in or would be affected by a hearing before the Secretary of Transportation, the TSA Administrator on security matters, or the FAA Administrator on aviation safety can join the case or be allowed to take part. The same rule applies to civil lawsuits that enforce this law, its rules, orders, or any terms of certificates or permits issued under it.

Full Legal Text

Title 49, §46109

Transportation — Source: USLM XML via OLRC

A person interested in or affected by a matter under consideration in a proceeding before 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 safety duties and powers designated to be carried out by the Administrator) or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part may be joined as a party or permitted to intervene in the proceeding or civil action.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4610949 App.:1489.Aug. 23, 1958, Pub. L. 85–726, § 1009, 72 Stat. 796. 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. The words “proceeding . . . or civil action” are substituted for “proceeding . . . whether such proceedings be instituted . . . or be begun originally in any court of the United States” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.

Editorial Notes

Amendments

2018—Pub. L. 115–254 inserted “(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 safety duties and powers designated to be carried out by the Administrator)” after “Secretary of Transportation”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 46109

Title 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60