49-U.S.C.-351
§351 – Judicial Review of Actions In Carrying Out Certain Transferred Duties and Powers
Pathway
Title 49 > Subtitle I > Chapter 3 > Subchapter III > Section 351
Details
- Reference: Section 351
- Legend: §351 – Judicial Review of Actions In Carrying Out Certain Transferred Duties and Powers
- USCode Year: 2013
Provision Content
(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 Text
The 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 The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub.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.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted Federal Motor Carrier Safety Administration for Federal Highway Administration.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate 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 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 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 701 of this title.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-327 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-327, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-334, in the Legal Encyclopedia: Department of Transportation
In this entry about 49-U.S.C.-334,, find legal reference material, bibliographies and premiere content related to department of transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States department of transportation-specific issues, written by authorities in the field.
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