2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle I - Department of Transportation (Sections 101 - 727)
Chapter 3 - General Duties and Powers (Sections 301 - 354)
Subchapter III - Miscellaneous (Sections 351 - 354)
Sec. 351 - Judicial review of actions in carrying out certain transferred duties and powers
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER III - MISCELLANEOUS Sec. 351 - Judicial review of actions in carrying out certain transferred duties and powers |
Contains | section 351 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | transferred |
Source Credit | Pub. L. 103-272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109-59, title IV, §4125(b), Aug. 10, 2005, 119 Stat. 1738. |
Statutes at Large References | 80 Stat. 931, 933 96 Stat. 2413 108 Stat. 1367, 745 110 Stat. 3400 119 Stat. 1738 |
Public and Private Laws | Public Law 89-670, Public Law 97-449, Public Law 103-272, Public Law 104-88, Public Law 104-287, Public Law 109-59 |
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(a) Judicial Review.—An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), or an action of the Administrator of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer or assignment.
(b) Application of Procedural Requirements.—A statutory requirement related to notice, an opportunity for a hearing, action on the record, or administrative review that applied to a duty or power transferred by the Act applies to the Secretary or Administrator when carrying out the duty or power.
(c) Nonapplication.—This section does not apply to a duty or power transferred from the Interstate Commerce Commission to the Secretary under section 6(e)(1)–(4) and (6)(A) of the Act.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109–59, title IV, §4125(b), Aug. 10, 2005, 119 Stat. 1738.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
351 | 49 App.:1653(c). | Oct. 15, 1966, Pub. L. 89–670, §4(c), 80 Stat. 933. |
In this subchapter, the words "duty or power" are substituted for "functions, powers, and duties" for clarity and consistency. The words "department, agency, or instrumentality of the United States Government" are substituted for "department or agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word "orders" is omitted as being included in "action".
REFERENCES IN TEXTThe Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
AMENDMENTS2005—Subsec. (a). Pub. L. 109–59 substituted "Federal Motor Carrier Safety Administration" for "Federal Highway Administration".
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONSInterstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.
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