49 CFR Section 1153 Judicial Review

§ 1152

TITLE 49—TRANSPORTATION

or (f)(1) (related to an aircraft accident),
1136(g)(2), or 1155(a) of this title or a regulation
prescribed or order issued under any of those
sections. An action under this subsection may
be brought in the judicial district in which the
person does business or the violation occurred.
(b) CIVIL ACTIONS BY ATTORNEY GENERAL.—On
request of the Board, the Attorney General may
bring a civil action in an appropriate court—
(1) to enforce section 1132, 1134(b) or (f)(1)
(related to an aircraft accident), 1136(g)(2), or
1155(a) of this title or a regulation prescribed
or order issued under any of those sections;
and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued
under any of those sections.
(c) PARTICIPATION OF BOARD.—On request of
the Attorney General, the Board may participate in a civil action to enforce section 1132,
1134(b) or (f)(1) (related to an aircraft accident),
1136(g)(2), or 1155(a) of this title.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756;
Pub. L. 106–181, title IV, § 401(a)(2), Apr. 5, 2000,
114 Stat. 129.)
HISTORICAL AND REVISION NOTES
Revised
Section
1151(a) ........

Source (U.S. Code)
49 App.:1487(a) (related to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1903(a)(1)(A).

1151(b) ........

1151(c) ........

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 1007 (related to CAB),
1008 (related to CAB), 72
Stat. 796.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(d) (1st sentence), 80
Stat. 938.
Jan. 3, 1975, Pub. L. 93–633,
§ 304(a)(1)(A), 88 Stat. 2168.

49 App.:1487(b) (related to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1903(a)(1)(A).
49 App.:1488 (related
to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1903(a)(1)(A).

In this section, the words ‘‘section 1132, 1134(b) or
(f)(1) (related to an aircraft accident), or 1155(a) of this
title’’ are substituted for ‘‘issued under this chapter’’
and ‘‘provisions of this chapter’’ because those sections
restate the relevant provisions of 49 App.:ch. 20 carried
out by the National Transportation Safety Board.
In subsections (a) and (b), the word ‘‘rule’’ is omitted
as being synonymous with ‘‘regulation’’. The word ‘‘requirement’’ is omitted as being included in ‘‘order’’.
The words ‘‘or any term, condition, or limitation of
any certificate or permit’’ are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.
In subsection (a), the words ‘‘their duly authorized
agents’’ are omitted as surplus. The words ‘‘may bring
a civil action’’ are substituted for ‘‘may apply’’ in 49
App.:1487(a) for consistency with rule 2 of the Federal
Rules of Civil Procedure (28 App. U.S.C.). The words
‘‘An action under this subsection may be brought in
the judicial district in which’’ are substituted for ‘‘for
any district wherein’’ for clarity. The text of 49
App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of
Civil Procedure (28 App. U.S.C.).
In subsection (b), before clause (1), the words ‘‘Attorney General’’ are substituted for ‘‘any district attorney
of the United States’’ in 49 App.:1487(b) because of
28:509. The words ‘‘to whom the Board or Secretary of
Transportation may apply’’ are omitted as surplus. The
words ‘‘may bring a civil action’’ are substituted for ‘‘is

Page 126

authorized to institute . . . all necessary proceedings’’
for consistency with rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). The words ‘‘under the direction of the Attorney General’’ are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words
after last comma) is omitted as obsolete.
In subsection (c), the words ‘‘civil action’’ are substituted for ‘‘proceeding in court’’ for consistency with
rule 2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.).
AMENDMENTS
2000—Pub. L. 106–181 inserted ‘‘1136(g)(2),’’ before ‘‘or
1155(a)’’ in subsecs. (a), (b)(1), and (c).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter
under consideration in a proceeding or a civil
action to enforce section 1132, 1134(b) or (f)(1)
(related to an aircraft accident), or 1155(a) of
this title, or a regulation prescribed or order issued under any of those sections, may be joined
as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756.)
HISTORICAL AND REVISION NOTES
Revised
Section
1152 ............

Source (U.S. Code)
49 App.:1489.
49 App.:1655(d) (1st
sentence).
49 App.:1903(a)(1)(A).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 1009, 72 Stat. 796.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(d) (1st sentence), 80
Stat. 938.
Jan. 3, 1975, Pub. L. 93–633,
§ 304(a)(1)(A), 88 Stat. 2168.

The words ‘‘civil action’’ are substituted for ‘‘proceedings . . . begun originally in any court of the
United States’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The
words ‘‘section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title’’ are substituted
for ‘‘the provisions of this chapter’’ in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the
sections in quotations restate the relevant provisions
of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions
of 49 App.:ch. 20 are restated in part A of subtitle VII
of the revised title, and provisions comparable to this
section are included as section 46109 of the revised title.
The word ‘‘rule’’ is omitted as being synonymous with
‘‘regulation’’. The word ‘‘requirement’’ is omitted as
included in ‘‘order’’. The words ‘‘or any term, condition, or limitation of any certificate or permit’’ are
omitted because the Board does not have authority to
issue certificates or permits. The words ‘‘may be joined
as a party or permitted to intervene’’ are substituted
for ‘‘it shall be lawful to include as parties, or to permit the intervention of’’ for clarity. The text of 49
App.:1489 (words after semicolon) is omitted as surplus.

§ 1153. Judicial review
(a) GENERAL.—The appropriate court of appeals of the United States or the United States
Court of Appeals for the District of Columbia
Circuit may review a final order of the National
Transportation Safety Board under this chapter.
A person disclosing a substantial interest in the

Page 127

§ 1153

TITLE 49—TRANSPORTATION

order may apply for review by filing a petition
not later than 60 days after the order of the
Board is issued.
(b) PERSONS SEEKING JUDICIAL REVIEW OF
AVIATION MATTERS.—(1) A person disclosing a
substantial interest in an order related to an
aviation matter issued by the Board under this
chapter may apply for review of the order by filing a petition for review in the United States
Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United
States for the circuit in which the person resides or has its principal place of business. The
petition must be filed not later than 60 days
after the order is issued. The court may allow
the petition to be filed after the 60 days only if
there was a reasonable ground for not filing
within that 60-day period.
(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) ADMINISTRATOR SEEKING JUDICIAL REVIEW
OF AVIATION MATTERS.—When the Administrator
of the Federal Aviation Administration decides
that an order of the Board under section 44709 or
46301(d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an aviation matter, the Administrator
may obtain judicial review of the order under
section 46110 of this title. The Administrator
shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(d) COMMANDANT SEEKING JUDICIAL REVIEW OF
MARITIME MATTERS.—If the Commandant of the
Coast Guard decides that an order of the Board
issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an
adverse impact on maritime safety or security,
the Commandant may obtain judicial review of
the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review
proceedings.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756;
Pub. L. 108–293, title VI, § 622, Aug. 9, 2004, 118
Stat. 1063.)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

1153(a) ........

49 App.:1655(d) (last
sentence).
49 App.:1903(d).

1153(b)(1) ....

49 App.:1486(a), (b)
(as 1486(a), (b) relates to CAB).

Oct. 15, 1966, Pub. L. 89–670,
§ 6(d), 80 Stat. 938.
Jan. 3, 1975, Pub. L. 93–633,
§ 304(d), 88 Stat. 2171.
Aug. 23, 1958, Pub. L. 85–726,
§ 1006(a), (b), (e), (f) (as
§ 1006(a), (b), (e), (f) relates
to CAB), 72 Stat. 795.

1153(b)(2) ....

1153(b)(3) ....

1153(b)(4) ....

1153(b)(5) ....

1153(c) ........

49 App.:1655(d) (1st
sentence).
49 App.:1486(c) (related to CAB).

49 App.:1655(d) (1st
sentence).
49 App.:1486(d), (e)
(1st sentence) (as
1486(d), (e) (1st
sentence) relates
to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1486(e) (last
sentence related
to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1486(f) (related to CAB).
49 App.:1655(d) (1st
sentence).
49 App.:1429(a)
(8th–last sentences related to
Administrator
under subch. VII).

49 App.:1471(a)
(3)(D)(v) (related
to Administrator
under subch. VII).

49 App.:1655(c)(1).

Aug. 23, 1958, Pub. L. 85–726,
§ 1006(c) (related to CAB),
72 Stat. 795; restated June
29, 1960, Pub. L. 86–546, § 1,
74 Stat. 255.
Aug. 23, 1958, Pub. L. 85–726,
§ 1006(d) (related to CAB),
72 Stat. 795; restated Sept.
13, 1961, Pub. L. 87–225, § 2,
75 Stat. 497.

Aug. 23, 1958, Pub. L. 85–726,
§ 609(a) (8th–last sentences
related to Administrator
under title VII), 72 Stat.
779; Nov. 18, 1971, Pub. L.
92–159, § 2(a), 85 Stat. 481;
Aug. 26, 1992, Pub. L.
102–345, § 3(a)(2), 106 Stat.
925.
Aug. 23, 1958, Pub. L. 85–726,
72
Stat.
731,
§ 901(a)
(3)(D)(v) (related to Administrator under title
VII); added Nov. 18, 1988,
Pub. L. 100–690, § 7208(b),
102 Stat. 4429; restated
Aug. 26, 1992, Pub. L.
102–345, § 2(a), 106 Stat. 923.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

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.

§ 1154

TITLE 49—TRANSPORTATION

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
(Public Law 85–726, 72 Stat. 781).
AMENDMENTS
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).

§ 1154. Discovery and use of cockpit and surface
vehicle recordings and transcripts
(a) TRANSCRIPTS AND RECORDINGS.—(1) Except
as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain—
(A) any part of a cockpit or surface vehicle
recorder transcript that the National Transportation Safety Board has not made available
to the public under section 1114(c) or 1114(d) of
this title; and
(B) a cockpit or surface vehicle recorder recording.
(2)(A) Except as provided in paragraph (4)(A) of
this subsection, a court may allow discovery by
a party of a cockpit or surface vehicle recorder
transcript if, after an in camera review of the
transcript, the court decides that—
(i) the part of the transcript made available
to the public under section 1114(c) or 1114(d) of
this title does not provide the party with sufficient information for the party to receive a
fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with
sufficient information for the party to receive
a fair trial.

Page 128

(i) to limit the use of the part of the transcript or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the part of
the transcript or the recording to any person
that does not need access to the part of the
transcript or the recording for the proceeding.
(B) A court may allow a part of a cockpit or
surface vehicle recorder transcript not made
available to the public under section 1114(c) or
1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court
places the part of the transcript or the recording
under seal to prevent the use of the part of the
transcript or the recording for purposes other
than for the proceeding.
(5) This subsection does not prevent the Board
from referring at any time to cockpit or surface
vehicle recorder information in making safety
recommendations.
(6) In this subsection:
(A) RECORDER.—The term ‘‘recorder’’ means
a voice or video recorder.
(B) TRANSCRIPT.—The term ‘‘transcript’’ includes any written depiction of visual information obtained from a video recorder.
(b) REPORTS.—No part of a report of the Board,
related to an accident or an investigation of an
accident, may be admitted into evidence or used
in a civil action for damages resulting from a
matter mentioned in the report.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 757;
Pub. L. 106–424, § 5(c)(1), Nov. 1, 2000, 114 Stat.
1885.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

1154(a) ........

49 App.:1905(c)(3),
(d).

1154(b) ........

49 App.:1441(e).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 306(c)(3),
(d); added Oct. 14, 1982,
Pub. L. 97–309, § 2, 96 Stat.
1453; restated Nov. 28,
1990, Pub. L. 101–641, § 4,
104 Stat. 4655.
Aug. 23, 1958, Pub. L. 85–726,
§ 701(e), 72 Stat. 781.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(d) (1st sentence), 80
Stat. 938.
Jan. 3, 1975, Pub. L. 93–633,
§ 304(a)(1)(A), (c), 88 Stat.
2168, 2171.

(B) A court may allow discovery, or require
production for an in camera review, of a cockpit
or surface vehicle recorder transcript that the
Board has not made available under section
1114(c) or 1114(d) of this title only if the cockpit
or surface vehicle recorder recording is not
available.
(3) Except as provided in paragraph (4)(A) of
this subsection, a court may allow discovery by
a party of a cockpit or surface vehicle recorder
recording if, after an in camera review of the recording, the court decides that—
(A) the parts of the transcript made available to the public under section 1114(c) or
1114(d) of this title and to the party through
discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a
fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording is necessary to provide
the party with sufficient information for the
party to receive a fair trial.

In subsection (a), the word ‘‘transcript’’ is substituted for ‘‘transcriptions’’ for clarity.
In subsection (a)(1)(A), the words ‘‘that the National
Transportation Safety Board has not made available to
the public’’ are substituted for ‘‘other than such portions made available to the public by the Board’’ for
clarity.
In subsection (a)(2)(B), the words ‘‘prepared by or
under the direction of the Board’’ are omitted as unnecessary and for consistency with the source provisions
restated in this subsection.
In subsection (b), the words ‘‘civil action’’ are substituted for ‘‘suit or action’’ in 49 App.:1441(e) and
1903(c) for consistency with the Federal Rules of Civil
Procedure (28 App. U.S.C.).

(4)(A) When a court allows discovery in a judicial proceeding of a part of a cockpit or surface
vehicle recorder transcript not made available
to the public under section 1114(c) or 1114(d) of
this title or a cockpit or surface vehicle recorder
recording, the court shall issue a protective
order—

2000—Pub. L. 106–424, § 5(c)(1)(A), substituted ‘‘and
surface vehicle recordings and transcripts’’ for ‘‘voice
and other material’’ in section catchline.
Subsec. (a). Pub. L. 106–424, § 5(c)(1)(B), substituted
‘‘cockpit or surface vehicle recorder’’ for ‘‘cockpit
voice recorder’’ wherever appearing.

49 App.:1655(d) (1st
sentence).
49 App.:1903(a)(1)(A),
(c).

AMENDMENTS