Us Code § 30161 - Judicial review of standards
Full text of Us Code United States Code § 30161 — Judicial review of standards, with citation guidance and answers to common questions.
§ 30161. Judicial review of standards
(a)
(b)
(c)
(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30161(a) | 15:1394(a)(1) (1st sentence), (3). | Sept. 9, 1966, Pub. L. 89–563, §105(a)(1)–(5), (b), 80 Stat. 720, 721. |
| 30161(b) | 15:1394(a)(1) (2d, last sentences). | |
| 30161(c) | 15:1394(a)(2). | |
| 30161(d) | 15:1394(b). | |
| 30161(e) | 15:1394(a)(4), (5). |
In subsection (a), the words "In a case of actual controversy as to the validity of" and "who will be . . . when it is effective" are omitted as surplus. The words "an order prescribing a motor vehicle safety standard under this chapter" are substituted for "any order under section 1392 of this title" for consistency. The words "apply for review" are added for clarity. The words "The petition must be filed" are substituted for "at any time" for clarity. The text of 15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words "or other officer designated by him for that purpose" are omitted as surplus because of 49:322(b). The words "in which the order was prescribed" are substituted for "on which the Secretary based his order" for consistency. The words "as provided in section 2112 of title 28" are omitted as surplus.
In subsection (c)(1), the words "in such manner and upon such terms and conditions as to the court may seem proper" are omitted as surplus. The words "is satisfied" are substituted for "shows to the satisfaction of" to eliminate unnecessary words. The words "and to be adduced upon the hearing" are omitted as unnecessary.
In subsection (c)(2), the words "with the court" are substituted for "the return of" for clarity.
In subsection (d), the words "thereof" and "criminal, exclusion of imports, or other" are omitted as surplus. The words "under this section" are substituted for "with respect to the order" for clarity. The word "previously" is omitted as surplus.
In subsection (e), the words "under this section is final and may be reviewed only" are substituted for "affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review" to eliminate unnecessary words. The text of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.).
About This Section
49 U.S.C. § 30161 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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