49 U.S.C. § 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.)

Historical and Revision Notes
351	49 App.:1653(c).	Oct. 15, 1966, Pub. L. 89–670, § 4(c), 80 Stat. 933.

Historical and Revision Notes

351

49 App.:1653(c).

Oct. 15, 1966, Pub. L. 89–670, § 4(c), 80 Stat. 933.

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”.

Editorial NotesReferences in Text

The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Amendments

2005—Subsec. (a). Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.

Statutory Notes and Related SubsidiariesAbolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 4 cases, 1997–2014 · leading case: Aulenback, Inc. & Truckers United for Saf. v. Fed. High. Admin., 103 F.3d 156 (D.C. Cir. 1997).

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Aulenback, Inc. & Truckers United for Saf. v. Fed. High. Admin., 103 F.3d 156 (D.C. Cir. 1997). “The current version of the review provision, codified at 49 U.S.C. § 351 (a), provides, in relevant part, that: An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act .”

All. for Safe, Efficient & Competitive Truck Transp. v. Fed. Motor Carrier Saf. Admin., 755 F.3d 946 (D.C. Cir. 2014). “See also 49 U.S.C. § 351 (a) (providing that an action taken by FMCSA pursuant to dele *950 gated authority "may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department”).”

Moore v. United States Dep't of Transp., 3 F. App'x 508 (7th Cir. 2001). “When the DOT was created in 1966, it assumed regulatory control over driver safety requirements from the Interstate Commerce Commission.”

Arctic Express, Inc. v. United States Dep't of Transp., Fed. High. Admin., 194 F.3d 767 (6th Cir. 1999). “This court has jurisdiction over the exercise of the powers and duties of the Secretary of Transportation under 49 U.S.C. § 351 . The Hobbs Act, under 28 U.”

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