---
kind: "section"
citation: "49 U.S.C. § 5127"
title: "49"
title_heading: "Transportation"
number: "5127"
heading: "Judicial review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5127"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §5127. Judicial review

- (a) **Filing and Venue.—** Except as provided in [section 20114(c)](/usc/49/20114.md?p=c), a person adversely affected or aggrieved by a final action of the [Secretary](/usc/49/5102.md?p=11) under this chapter may petition for review of the final action in the [United States](/usc/49/5102.md?p=14) Court of Appeals for the District of Columbia or in the court of appeals for the [United States](/usc/49/5102.md?p=14) 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](/usc/49/5102.md?p=11)’s action becomes final.
- (b) **Judicial Procedures.—** When a petition is filed under [subsection (a)](#a), the clerk of the court immediately shall send a copy of the petition to the [Secretary](/usc/49/5102.md?p=11). The [Secretary](/usc/49/5102.md?p=11) 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](/usc/28/2112.md).
- (c) **Authority of Court.—** The court has exclusive jurisdiction, as provided in subchapter II of [chapter 5](/usc/5/chptI/ch5.md) of title 5, to affirm or set aside any part of the [Secretary](/usc/49/5102.md?p=11)’s final action and may order the [Secretary](/usc/49/5102.md?p=11) 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](/usc/49/5102.md?p=11) only if the objection was made in the course of a proceeding or review conducted by the [Secretary](/usc/49/5102.md?p=11) or if there was a reasonable ground for not making the objection in the proceeding.

## Source credit

(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)

## Notes

### Editorial Notes

### Prior Provisions

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