U.S. Code » Title 49 » Subtitle SUBTITLE II— OTHER GOVERNMENT AGENCIES › Chapter CHAPTER 11— NATIONAL TRANSPORTATION SAFETY BOARD › Subchapter SUBCHAPTER III— AUTHORITY

49 U.S.C. § 1133

Review of other agency action

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The National Transportation Safety Board shall review on appeal—(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;(2) the revocation of a certificate of registration under section 44106 of this title;(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1133(1)–(3)

49 App.:1903(a)(9).

Jan. 3, 1975, Pub. L. 93–633, § 304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, § 4(b), 98 Stat. 2315.

1133(4)

(no source).

In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section.

In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34).

Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1996–2025 · leading case: Newton v. Fed. Aviation Admin., 457 F.3d 1133 (10th Cir. 2006).
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Newton v. Fed. Aviation Admin., 457 F.3d 1133 (10th Cir. 2006). · cites it 3× “Newton appealed the withdrawal of the ATCS certificate to the NTSB under 49 U.S.C. § 1133 (1), which permits the NTSB to review on appeal “the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of *1136 Transportation under…”
Dresser v. Meba Med. & Benefits Plan, 628 F.3d 705 (5th Cir. 2010). · cites it 2× “See 49 U.S.C. § 1133 (3) ("The National Transportation Safety Board shall review on appeal .”
Jack Anthony Jory v. United States, 562 F. App'x 926 (11th Cir. 2014). · cites it 3× “49 U.S.C. § 1133 ; see also 46 C.F.R. § 401.”
Kinneary v. City of New York, 358 F. Supp. 2d 356 (S.D.N.Y. 2005). “The procedure for appealing a decision of the Coast Guard is found in 49 U.S.C. § 1133 , which states, in pertinent part, that “the National Transportation Safety Board shall review on appeal .”
Murray Rogers v. Joseph Ingolia, 424 F. App'x 283 (5th Cir. 2011). “2010) (holding that the sole avenue for appeal of the Commandant’s suspension or revocation decision is through the NTSB); see also 49 U.S.C. § 1133 (providing that the NTSB shall review “a decision of the head of the department in which the Coast Guard is operating on an appeal…”
North Am. Aviation Props., Inc. v. Nat'l Transp. Saf. Bd., 94 F.3d 1029 (6th Cir. 1996). “§§ 1131 , 1132, and reviewing certain actions taken by the Secretary of Transportation and the Federal Aviation Administration, 49 U.S.C. § 1133 . The Board has broad authority to prescribe regulations to carry out these duties.”
Griggs v. LaHood, 770 F. Supp. 2d 548 (E.D.N.Y 2011). “In support of this contention — namely, that the April 7 Letter is not an “order” under Section 46110 — the plaintiff first relies on 49 U.S.C. § 1133 , a statute that deals generally with revocation of FAA-issued certificates, and which is not relevant to the present motion.”
Connors v. Nat'l Transp. Saf. Bd., 844 F.3d 1143 (9th Cir. 2017). “Section 44106 authorizes the FAA to revoke an aircraft registration certificate *1145 for a controlled substance violation.”
Jory v. Sec'y, United States Dep't of Homeland Sec., 859 F. Supp. 2d 72 (D.D.C. 2012). “49 U.S.C. § 1133 (3); 46 C.F.R. § 5.713 (a); Rogers v.”
Mullen v. Dep't of Homeland Sec. (E.D. La. 2025). · cites it 2× “49 U.S.C. § 1133 (3); 49 C.F.R. § 825.5 .”
Paul Connors v. Ntsb (9th Cir. 2017). “The ALJ affirmed the FAA’s revocation order, and, after Connors appealed, the NTSB affirmed the ALJ’s decision.”
Dahl v. Dickson (D.D.C. 2020). “See 49 U.S.C. § 1133 (1) (“The [NTSB] shall review on appeal .”
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