US (United States) Code. Title 49. Subtitle VII. Part A. Subpart IV. Chapter 461: Investigations and proceedings

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Aviation programs. Air commerce and safety

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publicidad

-CITE-

49 USC CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-MISC1-

Sec.

46101. Complaints and investigations.

46102. Proceedings.

46103. Service of notice, process, and actions.

46104. Evidence.

46105. Regulations and orders.

46106. Enforcement by the Department of Transportation.

46107. Enforcement by the Attorney General.

46108. Enforcement of certificate requirements by interested

persons.

46109. Joinder and intervention.

46110. Judicial review.

AMENDMENTS

2001 - Pub. L. 107-71, title I, Sec. 140(b)(8), Nov. 19, 2001,

115 Stat. 641, substituted "Department of Transportation" for

"Secretary of Transportation and Administrator of the Federal

Aviation Administration" in item 46106.

-End-

-CITE-

49 USC Sec. 46101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46101. Complaints and investigations

-STATUTE-

(a) General. - (1) A person may file a complaint in writing with

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 safety duties and powers designated to be carried out

by the Administrator) about a person violating this part or a

requirement prescribed under this part. Except as provided in

subsection (b) of this section, the Secretary, Under Secretary, or

Administrator shall investigate the complaint if a reasonable

ground appears to the Secretary, Under Secretary, or Administrator

for the investigation.

(2) On the initiative of the Secretary, Under Secretary, or

Administrator, as appropriate, the Secretary, Under Secretary, or

Administrator may conduct an investigation, if a reasonable ground

appears to the Secretary, Under Secretary, or Administrator for the

investigation, about -

(A) a person violating this part or a requirement prescribed

under this part; or

(B) any question that may arise under this part.

(3) The Secretary of Transportation, Under Secretary, or

Administrator may dismiss a complaint without a hearing when the

Secretary, Under Secretary, or Administrator is of the opinion that

the complaint does not state facts that warrant an investigation or

action.

(4) After notice and an opportunity for a hearing and subject to

section 40105(b) of this title, the Secretary of Transportation,

Under Secretary, or Administrator shall issue an order to compel

compliance with this part if the Secretary, Under Secretary, or

Administrator finds in an investigation under this subsection that

a person is violating this part.

(b) Complaints Against Members of Armed Forces. - The Secretary

of Transportation, Under Secretary, or Administrator shall refer a

complaint against a member of the armed forces of the United States

performing official duties to the Secretary of the department

concerned for action. Not later than 90 days after receiving the

complaint, the Secretary of that department shall inform the

Secretary of Transportation, Under Secretary, or Administrator of

the action taken on the complaint, including any corrective or

disciplinary action taken.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1226; Pub. L.

107-71, title I, Sec. 140(b)(1)-(3), Nov. 19, 2001, 115 Stat. 641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46101(a)(1) 49 App.:1482(a) Aug. 23, 1958, Pub. L.

(1st, 2d sentences). 85-726, Sec. 1002(a), (b),

72 Stat. 788.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46101(a)(2) 49 App.:1482(b).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46101(a)(3) 49 App.:1482(a) (3d

sentence).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46101(a)(4) 49 App.:1482(c). Aug. 23, 1958, Pub. L.

85-726, Sec. 1002(c), 72

Stat. 789; Feb. 15, 1980,

Pub. L. 96-192, Sec. 25, 94

Stat. 47.

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46101(b) 49 App.:1482(a)

(4th, last

sentences).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a)(1), the words "the Secretary of Transportation

(or the Administrator of the Federal Aviation Administration with

respect to aviation safety duties and powers designated to be

carried out by the Administrator) about a person violating this

part or a requirement prescribed under this part" are substituted

for "the Secretary of Transportation or the Board, as to matters

within their respective jurisdictions . . . with respect to

anything done or omitted to be done by any person in contravention

of any provisions of this chapter, or of any requirement

established pursuant thereto" for clarity and because of the

restatement. The words "Except as provided in subsection (b) of

this section" are added because of the restatement of the source

provisions in subsection (b) of this section. The words "If the

person complained against shall not satisfy the complaint and" are

omitted as surplus.

In subsection (a)(2), before clause (A), the words "the Secretary

of Transportation or the Administrator, as appropriate" are

substituted for "The Secretary of Transportation or Board, with

respect to matters within their respective jurisdictions" to

eliminate unnecessary words. The words "if a reasonable ground

appears to the Secretary or Administrator for the investigation"

are substituted for 49 App.:1482(b) (last sentence) for clarity and

to eliminate unnecessary words. Clause (A) is substituted for "in

any case and as to any matter or thing within their respective

jurisdictions, concerning which complaint is authorized to be made

to or before the Secretary of Transportation or Board by any

provision of this chapter . . . or relating to the enforcement of

any of the provisions of this chapter" for clarity and to eliminate

unnecessary words.

In subsection (a)(4), the words "an opportunity for a" are added

for consistency in the revised title and with other titles of the

United States Code. The words "compel compliance with this part"

are substituted for "compel such person to comply therewith" for

clarity. The words "in an investigation under this subsection" are

substituted for "in any investigation instituted upon complaint or

upon their own initiative" to eliminate unnecessary words. The

words "is violating this part" are substituted for "has failed to

comply with any provision of this chapter or any requirement

established pursuant thereto" for clarity and to eliminate

unnecessary words. The words "with respect to matters within their

jurisdiction" are omitted as unnecessary because of the

restatement.

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-71, Sec. 140(b)(1), (2),

inserted "the Under Secretary of Transportation for Security with

respect to security duties and powers designated to be carried out

by the Under Secretary or" after "(or" and substituted ", Under

Secretary, or Administrator" for "or Administrator" in two places.

Subsec. (a)(2). Pub. L. 107-71, Sec. 140(b)(2), (3), in

introductory provisions, substituted ", Under Secretary, or

Administrator, as" for "of Transportation or the Administrator, as"

and substituted ", Under Secretary, or Administrator" for "or

Administrator" in two places.

Subsec. (a)(3), (4). Pub. L. 107-71, Sec. 140(b)(2), substituted

", Under Secretary, or Administrator" for "or Administrator"

wherever appearing.

Subsec. (b). Pub. L. 107-71, Sec. 140(b)(2), substituted ", Under

Secretary, or Administrator" for "or Administrator" in two places.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46102. Proceedings

-STATUTE-

(a) Conducting Proceedings. - Subject to subchapter II of chapter

5 of title 5, 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 safety duties and powers

designated to be carried out by the Administrator) may conduct

proceedings in a way conducive to justice and the proper dispatch

of business.

(b) Appearance. - A person may appear and be heard before the

Secretary, the Under Secretary, and the Administrator in person or

by an attorney. The Secretary may appear and participate as an

interested party in a proceeding the Administrator conducts under

section 40113(a) of this title.

(c) Recording and Public Access. - Official action taken by the

Secretary, Under Secretary, and Administrator under this part shall

be recorded. Proceedings before the Secretary, Under Secretary, and

Administrator shall be open to the public on the request of an

interested party unless the Secretary, Under Secretary, or

Administrator decides that secrecy is required because of national

defense.

(d) Conflicts of Interest. - The Secretary, the Under Secretary,

the Administrator, or an officer or employee of the Administration

may not participate in a proceeding referred to in subsection (a)

of this section in which the individual has a pecuniary interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1226; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), (4)-(6), Nov. 19, 2001, 115

Stat. 641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46102(a) 49 App.:1481 (1st Aug. 23, 1958, Pub. L.

sentence). 85-726, Sec. 1001, 72 Stat.

788.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46102(b) 49 App.:1481 (3d,

4th sentences).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46102(c) 49 App.:1481 (last

sentence).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46102(d) 49 App.:1481 (2d

sentence).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a), the cross-reference to chapter 7 of title 5 is

omitted as unnecessary.

In subsection (b), the text of 49 App.:1481 (4th sentence words

after last comma) is omitted as obsolete. The words "National

Transportation Safety Board" were substituted for "Board" in 49

App.:1481 (4th sentence) because 49 App.:1655(d) transferred all

functions, duties, and powers of the Civil Aeronautics Board under

titles VI and VII of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 775) to the Secretary of Transportation to be

carried out through the former National Transportation Safety Board

in the Department of Transportation. Title VI includes sections 602

and 609 [49 App.:1422, 1429], that provide for appeals to the Civil

Aeronautics Board (subsequently transferred to the National

Transportation Safety Board), and section 611(e) [49 App.:1431(e)],

that provides for appeals to the National Transportation Safety

Board. Under 49 App.:1902(a), the National Transportation Safety

Board in the Department of Transportation was replaced by an

independent National Transportation Safety Board outside the

Department, and 49 App.:1903(a)(9)(A) gave the independent Board

the authority to review appeals from actions of the Secretary under

49 App.:1422, 1429, and 1431(e).

In subsection (c), the words "vote and" are omitted as surplus.

In subsection (d), the words "officer or employee of the

Administration" are substituted for "member" for clarity and

consistency in the revised title and with other titles of the

United States Code. The words "hearing or" are omitted as surplus.

The words "referred to in subsection (a) of this section" are added

for clarity.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(b)(1), inserted "the

Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or" after "(or".

Subsec. (b). Pub. L. 107-71, Sec. 140(b)(4), substituted ", the

Under Secretary, and the Administrator" for "and the

Administrator".

Subsec. (c). Pub. L. 107-71, Sec. 140(b)(2), (5), substituted ",

Under Secretary, and Administrator" for "and Administrator" in two

places and ", Under Secretary, or Administrator" for "or

Administrator".

Subsec. (d). Pub. L. 107-71, Sec. 140(b)(6), inserted "the Under

Secretary," after "Secretary,".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46103. Service of notice, process, and actions

-STATUTE-

(a) Designating Agents. - (1) Each air carrier and foreign air

carrier shall designate an agent on whom service of notice and

process in a proceeding before, and an action of, 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 safety

duties and powers designated to be carried out by the

Administrator) may be made.

(2) The designation -

(A) shall be in writing and filed with the Secretary, Under

Secretary, or Administrator; and

(B) may be changed in the same way as originally made.

(b) Service. - (1) Service may be made -

(A) by personal service;

(B) on a designated agent; or

(C) by certified or registered mail to the person to be served

or the designated agent of the person.

(2) The date of service made by certified or registered mail is

the date of mailing.

(c) Serving Agents. - Service on an agent designated under this

section shall be made at the office or usual place of residence of

the agent. If an air carrier or foreign air carrier does not have a

designated agent, service may be made by posting the notice,

process, or action in the office of the Secretary, Under Secretary,

or Administrator.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1227; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46103(a) 49 App.:1485(b) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 1005(b), 72

Stat. 794..

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46103(b) 49 App.:1485(c). Aug. 23, 1958, Pub. L.

85-726, Sec. 1005(c), 72

Stat. 794; restated Aug. 25,

1959, Pub. L. 86-199, 73

Stat. 427.

46103(c) 49 App.:1485(b)

(last sentence).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a)(1), the words "in a proceeding before" are

added for clarity. The word "action" is substituted for "orders,

decisions, and requirements" to eliminate unnecessary words. The

words "for and on behalf of said carrier" are omitted as surplus.

In subsection (a)(2)(B), the words "from time to time" are

omitted as surplus.

In subsection (b)(1)(B), the words "in writing for the purpose"

are omitted as surplus.

In subsection (b)(1)(C), the word "addressed" is omitted as

surplus.

In subsection (b)(2), the word "date" is substituted for "time"

for clarity and consistency.

In subsection (c), the words "with like effect as if made

personally upon such carrier" are omitted as surplus.

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-71, Sec. 140(b)(1), inserted

"the Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or" after "(or".

Subsec. (a)(2)(A). Pub. L. 107-71, Sec. 140(b)(2), substituted ",

Under Secretary, or Administrator" for "or Administrator".

Subsec. (c). Pub. L. 107-71, Sec. 140(b)(2), substituted ", Under

Secretary, or Administrator" for "or Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46104. Evidence

-STATUTE-

(a) General. - In conducting a hearing or investigation under

this part, 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 safety duties and powers designated to be carried out

by the Administrator) may -

(1) subpena witnesses and records related to a matter involved

in the hearing or investigation from any place in the United

States to the designated place of the hearing or investigation;

(2) administer oaths;

(3) examine witnesses; and

(4) receive evidence at a place in the United States the

Secretary, Under Secretary, or Administrator designates.

(b) Compliance With Subpenas. - If a person disobeys a subpena,

the Secretary, the Under Secretary, the Administrator, or a party

to a proceeding before the Secretary, Under Secretary, or

Administrator may petition a court of the United States to enforce

the subpena. A judicial proceeding to enforce a subpena under this

section may be brought in the jurisdiction in which the proceeding

or investigation is conducted. The court may punish a failure to

obey an order of the court to comply with the subpena as a contempt

of court.

(c) Depositions. - (1) In a proceeding or investigation, the

Secretary, Under Secretary, or Administrator may order a person to

give testimony by deposition and to produce records. If a person

fails to be deposed or to produce records, the order may be

enforced in the same way a subpena may be enforced under subsection

(b) of this section.

(2) A deposition may be taken before an individual designated by

the Secretary, Under Secretary, or Administrator and having the

power to administer oaths.

(3) Before taking a deposition, the party or the attorney of the

party proposing to take the deposition must give reasonable notice

in writing to the opposing party or the attorney of record of that

party. The notice shall state the name of the witness and the time

and place of taking the deposition.

(4) The testimony of a person deposed under this subsection shall

be under oath. The person taking the deposition shall prepare, or

cause to be prepared, a transcript of the testimony taken. The

transcript shall be subscribed by the deponent. Each deposition

shall be filed promptly with the Secretary, Under Secretary, or

Administrator.

(5) If the laws of a foreign country allow, the testimony of a

witness in that country may be taken by deposition -

(A) by a consular officer or an individual commissioned by the

Secretary, Under Secretary, or Administrator or agreed on by the

parties by written stipulation filed with the Secretary, Under

Secretary, or Administrator; or

(B) under letters rogatory issued by a court of competent

jurisdiction at the request of the Secretary, Under Secretary, or

Administrator.

(d) Witness Fees and Mileage and Certain Foreign Country

Expenses. - A witness summoned before the Secretary, Under

Secretary, or Administrator or whose deposition is taken under this

section and the individual taking the deposition are each entitled

to the same fee and mileage that the witness and individual would

have been paid for those services in a court of the United States.

Under regulations of the Secretary, Under Secretary, or

Administrator, the Secretary, Under Secretary, or Administrator

shall pay the necessary expenses incident to executing, in another

country, a commission or letter rogatory issued at the initiative

of the Secretary, Under Secretary, or Administrator.

(e) Designating Employees To Conduct Hearings. - When designated

by the Secretary, Under Secretary, or Administrator, an employee

appointed under section 3105 of title 5 may conduct a hearing,

subpena witnesses, administer oaths, examine witnesses, and receive

evidence at a place in the United States the Secretary, Under

Secretary, or Administrator designates. On request of a party, the

Secretary, Under Secretary, or Administrator shall hear or receive

argument.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1227; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), (6), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46104(a) 49 App.:1354(c) Aug. 23, 1958, Pub. L.

(related to this 85-726, Secs. 313(c)

chapter). (related to this Act),

1004(a)-(h), 72 Stat. 753,

792.

49 App.:1484(a)

(related to member

of the Board), (b)

(1st sentence), (c)

(1st sentence).

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46104(b) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(c)

(last sentence),

(d).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(c)(1) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(e)

(1st, last

sentences).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(c)(2) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(e) (2d

sentence).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(c)(3) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(e) (3d

sentence).

49 App.:1655(c)(1).

46104(c)(4) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(f).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(c)(5) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(g).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(d) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(b)

(last sentence),

(h).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(e) 49 App.:1354(c)

(related to this

chapter).

49 App.:1484(a)

(related to

examiner).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the word "Administrator" in section 313(c) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753)

is retained on authority of 49:106(g).

Subsection (a)(1) is substituted for "sign and issue subpenas",

"shall have the power to require by subpena the attendance and

testimony of witnesses and the production of all books, papers, and

documents relating to any matter under investigation", and "The

attendance of witnesses, and the production of books, papers, and

documents, may be required from any place in the United States, at

any designated place of hearing" in 49 App.:1484 for clarity and

consistency in the revised title and with other titles of the

United States Code and to eliminate unnecessary words.

In subsection (b), the words "petition a court of the United

States to enforce the subpena" are substituted for "invoke the aid

of any court of the United States in requiring attendance and

testimony of witnesses and the production of such books, papers,

and documents under the provisions of this section" in 49

App.:1484(c) to eliminate unnecessary words. The words "to enforce

a subpena under this section" are substituted for "in case of

contumacy or refusal to obey a subpena issued to any person, issue

an order requiring such person to appear before the Board (and

produce books, papers, or documents if so ordered) and give

evidence touching the matter in question" in 49 App.:1484(d) to

eliminate unnecessary words.

In subsection (c)(1), the words "pending before it, at any stage

of such proceeding or investigation" in 49 App.:1484(e) are omitted

as surplus. The words "a person to give" are substituted for "to be

taken", and the words "to produce records" are added, for clarity

and consistency. The last sentence is substituted for 49

App.:1484(e) (last sentence) for clarity and consistency and to

eliminate unnecessary words.

In subsection (c)(4), the words "shall be cautioned . . . to

testify the whole truth, and shall be carefully examined" in 49

App.:1484(f) are omitted as surplus. The words "shall be under

oath" are substituted for "shall be required to swear (or affirm,

if he so requests)" for consistency and because of 1:1.

In subsection (d), the words "that the witness and individual

would have been" are added for clarity and consistency in the

revised title and with other titles of the Code. The words "fees,

charges, or" and "on the subject" are omitted as surplus.

In subsection (e), the words "duly . . . for such purpose" are

omitted as surplus. The words "employee appointed under section

3105 of title 5" are substituted for "examiner", and the words

"subpena witnesses" are substituted for "sign and issue subpenas",

for consistency in the revised title and with other titles of the

Code. The words "In all cases heard by an examiner or a single

member" are omitted as surplus.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(b)(1), in

introductory provisions inserted "the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or"

after "(or".

Subsec. (a)(4). Pub. L. 107-71, Sec. 140(b)(2), substituted ",

Under Secretary, or Administrator" for "or Administrator".

Subsec. (b). Pub. L. 107-71, Sec. 140(b)(2), (6), inserted "the

Under Secretary," after 'Secretary," and substituted ", Under

Secretary, or Administrator" for "or Administrator".

Subsecs. (c) to (e). Pub. L. 107-71, Sec. 140(b)(2), substituted

", Under Secretary, or Administrator" for "or Administrator"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 47122 of this title.

-End-

-CITE-

49 USC Sec. 46105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46105. Regulations and orders

-STATUTE-

(a) Effectiveness of Orders. - Except as provided in this part, a

regulation prescribed or 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 safety

duties and powers designated to be carried out by the

Administrator) takes effect within a reasonable time prescribed by

the Secretary, Under Secretary, or Administrator. The regulation or

order remains in effect under its own terms or until superseded.

Except as provided in this part, the Secretary, Under Secretary, or

Administrator may amend, modify, or suspend an order in the way,

and by giving the notice, the Secretary, Under Secretary, or

Administrator decides.

(b) Contents and Service of Orders. - An order of the Secretary,

Under Secretary, or Administrator shall include the findings of

fact on which the order is based and shall be served on the parties

to the proceeding and the persons affected by the order.

(c) Emergencies. - When the Administrator is of the opinion that

an emergency exists related to safety in air commerce and requires

immediate action, the Administrator, on the initiative of the

Administrator or on complaint, may prescribe regulations and issue

orders immediately to meet the emergency, with or without notice

and without regard to this part and subchapter II of chapter 5 of

title 5. The Administrator shall begin a proceeding immediately

about an emergency under this subsection and give preference, when

practicable, to the proceeding.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1228; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46105(a) 49 App.:1485(a) Aug. 23, 1958, Pub. L.

(words before 1st 85-726, Sec. 1005(a),

proviso), (d), (e). (d)-(f), 72 Stat. 794.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46105(b) 49 App.:1485(f).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46105(c) 49 App.:1485(a)

(provisos).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a), the words "under its own terms or until

superseded" are substituted for "until their further order, rule,

or regulation, or for a specified period of time, as shall be

prescribed in the order, rule, or regulation" for clarity and to

eliminate unnecessary words. The word "amend" is added for

consistency in the revised title. The text of 49 App.:1485(e) is

omitted as surplus.

In subsection (c), the words "without complaint" and "if he so

orders" are omitted as surplus. The words "prescribe . . . issue"

are substituted for "make" for consistency in the revised title and

with other titles of the United States Code. The words "just and

reasonable" and "as may be essential in the interest of safety in

air commerce" are omitted as surplus. The words "without regard to

this part and subchapter II of chapter 5 of title 5" are

substituted for "without answer or other form of pleading by the

interested person or persons, and . . . hearing, or the making or

filing of a report" to eliminate unnecessary words. The words "over

all others under this chapter" are omitted as surplus.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(b)(1), (2), inserted

"the Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or" after "(or" and substituted ", Under Secretary,

or Administrator" for "or Administrator" wherever appearing.

Subsec. (b). Pub. L. 107-71, Sec. 140(b)(2), substituted ", Under

Secretary, or Administrator" for "or Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46106. Enforcement by the Department of Transportation

-STATUTE-

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 safety duties and powers designated to be carried out

by the Administrator) may bring a civil action against a person in

a district court of the United States 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. The action may be

brought in the judicial district in which the person does business

or the violation occurred.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1229; Pub. L.

107-71, title I, Sec. 140(b)(1), (7), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46106 49 App.:1487(a) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 1007(a)

Secretary and CAB). (related to Administrator

and CAB), 72 Stat. 796.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

The words "their duly authorized agents" are omitted as surplus.

The words "may bring a civil action" are substituted for "may

apply" 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 word "prescribed" is 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 text of 49 App.:1487(a) (words after semicolon

related to Secretary and CAB) is omitted as surplus because of

28:1651 and rule 81(b) of the Federal Rules of Civil Procedure (28

App. U.S.C.).

AMENDMENTS

2001 - Pub. L. 107-71, Sec. 140(b)(7), substituted "Department of

Transportation" for "Secretary of Transportation and Administrator

of the Federal Aviation Administration" in section catchline.

Pub. L. 107-71, Sec. 140(b)(1), inserted "the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or"

after "(or".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46107. Enforcement by the Attorney General

-STATUTE-

(a) Civil Actions To Enforce Section 40106(b). - The Attorney

General may bring a civil action in a district court of the United

States against a person to enforce section 40106(b) of this title.

The action may be brought in the judicial district in which the

person does business or the violation occurred.

(b) Civil Actions To Enforce This Part. - (1) On request of 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 safety duties and powers designated to be carried out

by the Administrator), the Attorney General may bring a civil

action in an appropriate court -

(A) 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; and

(B) to prosecute a person violating this part or a requirement

or regulation prescribed, or an order or any term of a

certificate or permit issued, under this part.

(2) The costs and expenses of a civil action shall be paid out of

the appropriations for the expenses of the courts of the United

States.

(c) Participation of Secretary, Under Secretary, or

Administrator. - On request of the Attorney General, the Secretary,

Under Secretary, or Administrator, as appropriate, may participate

in a civil action under this part.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1229; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46107(a) 49 App.:1487(a) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 1007(a)

Attorney General). (related to Attorney

General), 72 Stat. 796; Aug.

5, 1974, Pub. L. 93-366,

Sec. 108, 88 Stat. 414.

46107(b) 49 App.:1487(b) Aug. 23, 1958, Pub. L.

(related to 85-726, Secs. 1007(b)

Secretary and CAB). (related to Administrator

and CAB), 1008 (related to

Administrator and CAB), 72

Stat. 796.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46107(c) 49 App.:1488

(related to

Secretary and CAB).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a), the words "may bring a civil action" are

substituted for "may apply" 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 text of 49

App.:1487(a) (words after semicolon related to Attorney General) is

omitted as surplus because of 28:1651 and rule 81(b) of the Federal

Rules of Civil Procedure.

In subsection (b)(1), before clause (A), the words "Attorney

General" are substituted for "any district attorney of the United

States to whom the Board or Secretary of Transportation may apply",

and the words "under the direction of the Attorney General" are

omitted, because of 28:503 and 509. The words "bring a civil

action" are substituted for "institute . . . and to prosecute . . .

all necessary proceedings" for consistency in the revised title and

with other titles of the Code and rule 2 of the Federal Rules of

Civil Procedure. In clauses (A) and (B), the words "prescribed" and

"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".

In subsection (b)(2), the words "civil action" are substituted

for "prosecutions" for consistency in the revised title and with

other titles of the Code.

In subsection (c), the words "civil action" are substituted for

"proceeding in court" for consistency in the revised title and with

other titles of the Code and rule 2 of the Federal Rules of Civil

Procedure.

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-71, Sec. 140(b)(1), in

introductory provisions, inserted "the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or"

after "(or".

Subsec. (c). Pub. L. 107-71, Sec. 140(b)(2), substituted ", Under

Secretary, or Administrator" for "or Administrator" in heading and

text.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 46108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46108. Enforcement of certificate requirements by interested

persons

-STATUTE-

An interested person may bring a civil action in a district court

of the United States against a person to enforce section

41101(a)(1) of this title. The action may be brought in the

judicial district in which the defendant does business or the

violation occurred.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1229.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46108 49 App.:1487(a) Aug. 23, 1958, Pub. L.

(related to party 85-726, Sec. 1007(a)

in interest). (related to party in

interest), 72 Stat. 796.

--------------------------------------------------------------------

The words "interested person" are substituted for "party in

interest" for consistency. The words "may bring a civil action" are

substituted for "may apply" 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 text of 49

App.:1487(a) (words after semicolon related to party in interest)

is omitted as surplus because of 28:1651 and rule 81(b) of the

Federal Rules of Civil Procedure.

-End-

-CITE-

49 USC Sec. 46109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46109. Joinder and intervention

-STATUTE-

A person interested in or affected by a matter under

consideration in a proceeding before the Secretary of

Transportation 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1230.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46109 49 App.:1489. Aug. 23, 1958, Pub. L.

85-726, Sec. 1009, 72 Stat.

796.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

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.

-End-

-CITE-

49 USC Sec. 46110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

-HEAD-

Sec. 46110. Judicial review

-STATUTE-

(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 safety duties and powers

designated to be carried out by the Administrator) under this part

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1230; Pub. L.

107-71, title I, Sec. 140(b)(1), (2), Nov. 19, 2001, 115 Stat.

641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46110(a) 49 App.:1486(a), Aug. 23, 1958, Pub. L.

(b) (as 1486(a), 85-726, Sec. 1006(a), (b),

(b) relates to (e), (f) (as Sec. 1006(a),

Secretary and CAB). (b), (e), (f) relates to

Administrator and CAB), 72

Stat. 795.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46110(b) 49 App.:1486(c) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 1006(c)

Secretary and CAB). (related to Administrator

and CAB), 72 Stat. 795;

restated June 29, 1960, Pub.

L. 86-546, Sec. 1, 74 Stat.

255.

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46110(c) 49 App.:1486(d) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 1006(d)

Secretary and CAB). (related to Administrator

and CAB), 72 Stat. 795;

restated Sept. 13, 1961,

Pub. L. 87-225, Sec. 2, 75

Stat. 497.

49 App.:1486(e)

(1st sentence

related to

Secretary and CAB).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46110(d) 49 App.:1486(e)

(last sentence)

(related to

Secretary and CAB).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46110(e) 49 App.:1486(f)

(related to

Secretary and CAB).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsections (a)-(d), the word "Administrator" in section 1006

of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.

795) is retained on authority of 49:106(g).

In subsection (a), the words "affirmative or negative" are

omitted as surplus. The words "is issued" are substituted for "the

entry of" for consistency in the revised title and with other

titles of the United States Code.

In subsection (b), the words "if any" are omitted as surplus. The

words "of any proceeding" are added for clarity. The words

"complained of" are omitted as surplus.

In subsection (c), the word "amend" is added for consistency in

the revised title. The word "interim" is substituted for

"interlocutory" for clarity. The words "taking other appropriate

action" are substituted for "by such mandatory or other relief as

may be appropriate" for clarity and to eliminate unnecessary words.

In subsection (d), the words "made in the proceeding conducted

by" are substituted for "urged before" for clarity.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(b)(1), inserted "the

Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or" after "(or".

Subsecs. (b) to (d). Pub. L. 107-71, Sec. 140(b)(2), substituted

", Under Secretary, or Administrator" for "or Administrator"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1153, 41108, 41307,

44106, 44709, 44710, 46301, 47532 of this title.

-End-