§ 351. Judicial review of actions in carrying out certain transferred duties and powers

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(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.)

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”.

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U.S. Code

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Public Law 89–670
80 Stat. 931
Pub. L. 103–272, § 4(j)(10)(A)
108 Stat. 1367
Pub. L. 109–59, title IV, § 4125(b)
119 Stat. 1738
Pub. L. 89–670
Pub. L. 97–449
96 Stat. 2413
Pub. L. 103–272
108 Stat. 745
Pub. L. 104–287, § 7(5)
110 Stat. 3400
Pub. L. 109–59
Pub. L. 104–88
section 101 of Pub. L. 104–88
section 205 of Pub. L. 104–88

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§ 351

Judicial review of actions in carrying out certain transferred duties and powers

U.S.C.§ 1302

U.S.C.§ 1301

Pub. L.Public Law 89–670

Stat.80 Stat. 931

Pub. L.Pub. L. 103–272, § 4(j)(10)(A)

Stat.108 Stat. 1367

Pub. L.Pub. L. 109–59, title IV, § 4125(b)

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