U.S. Code » Title 49 » Subtitle SUBTITLE III— GENERAL AND INTERMODAL PROGRAMS › Chapter CHAPTER 51— TRANSPORTATION OF HAZARDOUS MATERIAL

49 U.S.C. § 5127

Judicial review

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(a)Filing and Venue.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.(b)Judicial Procedures.—When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.(c)Authority of Court.—The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.(d)Requirement for Prior Objection.—In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)Editorial NotesPrior Provisions

A prior section 5127 was renumbered section 5128 of this title.

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 2006–2025 · leading case: Polyweave Packaging, Inc. v. Peter Buttigieg, 51 F.4th 675 (6th Cir. 2022).
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Polyweave Packaging, Inc. v. Peter Buttigieg, 51 F.4th 675 (6th Cir. 2022). · cites it 15× “After Polyweave filed the separate lawsuit in district court, the PHMSA issued a final order denying Polyweave’s administrative appeal, and Polyweave timely filed an appeal of that order to the Sixth Circuit pursuant to 49 U.S.C. § 5127 . The crux of the separate litigation in…”
Am. Chemistry Council v. Dep't of Transp., 468 F.3d 810 (D.C. Cir. 2006). “We have jurisdiction to review petitioners’ timely challenge pursuant to 49 U.S.C. §§ 5127 (a), 20114(c) and 28 U.”
MCR Oil Tools v. TRAN, 110 F.4th 677 (5th Cir. 2024). · cites it 5× “PHMSA disagrees, asserting that the default APA-finality principles are inapplicable because MCR’s petition arises under 49 U.S.C. § 5127—an HMTA-specific provision for judicial review.”
Lilliputian Sys., Inc. v. Pipeline & Hazardous Materials Saf. Admin., 741 F.3d 1309 (D.C. Cir. 2014). “See 49 U.S.C. § 5127 . II. Lilliputian contends that the prohibition on flammable-gas fuel cell cartridges in checked airline baggage is arbitrary and capricious because the Safety Administration failed to provide any explanation of its risk assessment methodology, thereby…”
Nuclear Info. & Resource Serv. v. United States Dep't of Transp. Rsch. & Special Programs Admin., 457 F.3d 956 (9th Cir. 2006). “49 U.S.C. § 5127 (a). 2 . The interpretation of the statute NIRS urges does not make sense grammatically because it requires reading the “as” out of "as applicable to railroad safety” and then reading the clause "applicable to railroad safety” as modifying “a final action.”
Am. Tradition Inst. v. Colorado, 876 F. Supp. 2d 1222 (D. Colo. 2012). “*1234 More importantly, however, American Chemistry Council involved a petition for review brought pursuant to 49 U.S.C. § 5127 (a) and 20114(c), and 28 U.”
Nat'l Distrib. Servs., Inc. v. United States Dep't of Transp., 650 F. App'x 32 (D.C. Cir. 2016). “49 U.S.C. § 5127 (c). Under the APA, we will set aside agency decision-making that is arbitrary or capricious.”
Mahmud v. Oberman, 508 F. Supp. 2d 1294 (N.D. Ga. 2007). “§§ 702 , 704; 49 U.S.C. § 5127 . The APA gives a reviewing court broad discretion to fashion a remedy, other than money damages, including “holding] unlawful and set[ting] aside agency action, findings, and conclusions found to be (a) arbitrary, capricious, an abuse of…”
Polyweave Packaging, Inc. v. Buttigieg (W.D. Ky. 2021). · cites it 2× “Had Polyweave established standing, however, the Court would find that 49 U.S.C. § 5127 (a) does not divest this Court of jurisdiction.”
Metal Conversion Tech., LLC v. U.S. Dep't of Transp. (11th Cir. 2023). “While MCT argues that the 60-day filing deadline contained in 49 U.S.C. § 5127 (a) is not jurisdictional and, thus, subject to equitable tolling, even claims-processing rules are not subject to equitable tolling if the text of the rule precludes flexibility.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “See 49 U.S.C. § 5127 . A second impediment to the opening of any storage site is the Texas and New Mexico laws which limit and regulate the proposed storage facilities.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “See 49 U.S.C. § 5127 . A second impediment to the opening of any storage site is the Texas and New Mexico laws which limit and regulate the proposed storage facilities.”
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