Sec. 16. Judicial review
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/bill/113/s/1009/is/section-16A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 19 (15 U.S.C. 2618) is amended— in subsection (a)— by striking paragraph
(1)and inserting the following: Not later than 60 days after the date of the promulgation of a rule under section 4(f), 6(c), 6(e), or 8, any person may file a petition for judicial review of the rule in— the United States Court of Appeals for the District of Columbia Circuit; the circuit in which the person resides; or the circuit in which the principal place of business of the person is located. The courts of appeals of the United States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) under subparagraph
(A)if any district court of the United States would have had jurisdiction of the action but for this paragraph. ; in paragraph (2), by striking paragraph (1)(A) and inserting paragraph
(1); and by striking paragraph (3); and in subsection (c)(1), by striking subparagraph
(B)and inserting the following: section 706 of title 5, United States Code In this subparagraph, the term evidence means any matter in the rulemaking record. Section 706 of title 5, United States Code, shall apply to review of a rule under this section, except that— in the case of a rule under section 4(f), 6(c), or 6(e)— the standard of review prescribed in section 706(2)(E) of title 5, United States Code, shall not apply; and the court shall hold as unlawful and set aside the rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record; and the court shall not review the contents and adequacy of the statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule except as part of a review of the rulemaking record taken as a whole. .
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U.S. Code