49 U.S.C. § 46110 : US Code - Section 46110: Judicial review

Search 49 U.S.C. § 46110 : US Code - Section 46110: Judicial review

(a) Filing and Venue. - 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 Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary or the Administrator of the Federal Aviation
Administration with respect to aviation duties and powers
designated to be carried out by the Administrator) in whole or in
part under this part, part B, or subsection (l) or (s) 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) Judicial Procedures. - 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, Under
Secretary, or Administrator, as appropriate. The Secretary, Under
Secretary, or Administrator 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) Authority of Court. - When the petition is sent to the
Secretary, Under Secretary, or Administrator, the court has
exclusive jurisdiction to affirm, amend, modify, or set aside any
part of the order and may order the Secretary, Under Secretary, or
Administrator to conduct further proceedings. After reasonable
notice to the Secretary, Under Secretary, or Administrator, 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, Under Secretary, or Administrator, if
supported by substantial evidence, are conclusive.
(d) Requirement for Prior Objection. - In reviewing an order
under this section, the court may consider an objection to an order
of the Secretary, Under Secretary, or Administrator only if the
objection was made in the proceeding conducted by the Secretary,
Under Secretary, or Administrator or if there was a reasonable
ground for not making the objection in the proceeding.
(e) Supreme Court Review. - A decision by a court under this
section may be reviewed only by the Supreme Court under section
1254 of title 28.