Page:United States Statutes at Large Volume 89.djvu/219

 PUBLIC LAW 94-29—JUNE 4, 1975

89 STAT. 159

is entered, as provided in section 2112 of title 28, United States Code, and the Federal Rules of Appellate Procedure. 28 USC app. "(3) On the filing of the petition, the court has jurisdiction, which Jurisdiction, becomes exclusive on the filing of the record, to affirm or modify and enforce or to set aside the order in whole or in part. " (4) The findings of the Commission as to the facts, if supported by substantial evidence, are conclusive. "(5) If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there was reasonable ground for failure to adduce it before the Commission, the court may remand the case to the Commission for further proceedings, in whatever manner and on whatever conditions the court considers appropriate. If the case is remanded to the Commission, it shall file in the court a supplemental record containing any new evidence, any further or modified findings, and any new order. "(b)(1) A person adversely affected by a rule of the Commission promulgated pursuant to section 6,11, l l A, 15(c)(5) or (6), 15A, 17, 17A, or 19 of this title may obtain review of this rule in the United Ante, pp. 104, States Court of Appeals for the circuit in which he resides or has his 110, 111, 121, principal place of business or for the District of Columbia Circuit, by 127, 137, 141, filing in such court, within sixty days after the promulgation of the 146. rule, a written petition requesting that the rule be set aside. "(2) A copy of the petition shall be transmitted forthwith by the clerk of the court to a member of the Commission or an officer designated for that purpose. Thereupon, the Commission shall file in the court the rule under review and any documents referred to therein, the Commission's notice of proposed rulemaking and any documents referred to therein, all written submissions and the transcript of any oral presentations in the rulemaking, factual information not included in the foregoing that was considered by the Commission in the promulgation of the rule or proffered by the Commission as pertinent to the rule, the report of any advisory committee received or considered by the Commission in the rulemaking, and any other materials prescribed by the court. "(3) On the filing of the petition, the court has jurisdiction, which Jurisdiction, becomes exclusive on the filing of the materials set forth in paragraph (2) of this subsection, to affirm and enforce or to set aside the rule. "(4) The findings of the Commission as to the facts identified by the Commission as the basis, in whole or in part, of the rule, if supported by substantial evidence, are conclusive. The court shall affirm and enforce the rule unless the Commission's action in promulgating the rule is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or without observance of procedure required by law. "(5) If proceedings have been instituted under this subsection in two or more courts of appeals with respect to the same rule, the Commission shall file the materials set forth in paragraph (2) of this subsection in that court in which a proceeding was first instituted. The other courts shall thereupon transfer all such proceedings to the court in which the materials have been filed. For the convenience of the parties in the interest of justice that court may thereafter transfer all the proceedings to any other court of appeals. "(c)(1) No objection to an order or rule of the Commission, for which review is sought under this section, may be considered by the court unless it was urged before the Commission or there was reasonable ground for failure to do so.

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