(a)
(b)
(2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1153(a) | 49 App.:1655(d) (last sentence). | Oct. 15, 1966,
|
| 49 App.:1903(d). | Jan. 3, 1975,
|
|
| 1153(b)(1) | 49 App.:1486(a), (b) (as 1486(a), (b) relates to CAB). | Aug. 23, 1958,
|
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(2) | 49 App.:1486(c) (related to CAB). | Aug. 23, 1958,
|
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(3) | 49 App.:1486(d), (e) (1st sentence) (as 1486(d), (e) (1st sentence) relates to CAB). | Aug. 23, 1958,
|
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(4) | 49 App.:1486(e) (last sentence related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(5) | 49 App.:1486(f) (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(c) | 49 App.:1429(a) (8th–last sentences related to Administrator under subch. VII). | Aug. 23, 1958,
|
| 49 App.:1471(a) (3)(D)(v) (related to Administrator under subch. VII). | Aug. 23, 1958,
|
|
| 49 App.:1655(c)(1). | Oct. 15, 1966,
|
In subsection (a), the text of 49 App.:1903(d) (last sentence) is omitted as unnecessary because 5:ch. 7 applies by its own terms. The words "final order" are substituted for "order, affirmative or negative" in 49 App.:1903(d) and "Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final" in 49 App.:1655(d) to eliminate unnecessary words. The words "is issued" are substituted for "after the entry" for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1655(d) (last sentence words after last comma) is omitted as unnecessary because of 49 App.:1903(d).
In subsection (b)(1), the words "affirmative or negative" are omitted as surplus. The words "related to an aviation matter" are added because the source provisions being restated only apply to aviation matters. The words "is issued" are substituted for "the entry of" for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words "if any" are omitted as surplus. The words "of the proceeding" are added for clarity. The words "complained of" and "as provided in section 2112 of title 28" are omitted as surplus.
In subsection (b)(3), 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 (b)(4), the words "made in the proceeding conducted by" are substituted for "urged before" for clarity.
In subsection (c), the source provisions are combined to eliminate unnecessary words and are restated in this chapter to alert the reader to the authority of the Administrator of the Federal Aviation Administration to seek judicial review of an order of the National Transportation Safety Board under section 44709 or 46301(d) of the revised title that the Administrator decides will have a significant adverse impact on carrying out source provisions restated in this chapter that are derived from title VII of the Federal Aviation Act of 1958 (
2012-Subsec. (c).
2004-Subsec. (d).