49 U.S. Code § 5127 - Judicial review

(a) Filing and Venue.— Except as provided in section 20114 (c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
(b) Judicial Procedures.— When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
(c) Authority of Court.— The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
(d) Requirement for Prior Objection.— In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

Source

(Added Pub. L. 109–59, title VII, § 7123(b),Aug. 10, 2005, 119 Stat. 1907.)
Prior Provisions

A prior section 5127 was renumbered section 5128 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

49 CFR - Transportation

49 CFR Part 105 - HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

49 CFR Part 106 - RULEMAKING PROCEDURES

49 CFR Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES

49 CFR Part 109 - DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS PROCEDURAL REGULATIONS FOR OPENING OF PACKAGES, EMERGENCY ORDERS, AND EMERGENCY RECALLS

49 CFR Part 110 - HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS

49 CFR Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

49 CFR Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS

49 CFR Part 173 - SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

49 CFR Part 174 - CARRIAGE BY RAIL

49 CFR Part 175 - CARRIAGE BY AIRCRAFT

49 CFR Part 176 - CARRIAGE BY VESSEL

49 CFR Part 177 - CARRIAGE BY PUBLIC HIGHWAY

49 CFR Part 178 - SPECIFICATIONS FOR PACKAGINGS

49 CFR Part 179 - SPECIFICATIONS FOR TANK CARS

49 CFR Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

 

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