Page:United States Statutes at Large Volume 108 Part 2.djvu/514

 108 STAT. 1230 PUBLIC LAW 103-272—JULY 5, 1994 § 46109. Joinder and intervention 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. §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 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 or Administrator, as appropriate. The 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 or Administrator, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary or Administrator to conduct further proceedings. After reasonable notice to the 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 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 or Administrator only if the objection was made in the proceeding conducted by the 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. CHAPTER 463—PENALTIES Sec. 46301. Civil penalties. 46302. False information. 46303. Carrying a weapon. 46304. Liens on aircraft. 46305. Actions to recover civil penalties. 46306. Registration violations involving aircraft not providing air transportation.

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