[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4915]


                        CHAPTER 65-- NOISE CONTROL

Sec. 4915. Judicial review

 a) Petition for review

    A petition for review of action of the Administrator of the 

Environmental Protection Agency in promulgating any standard or 

regulation under sections 4905, 4916, or 4917 of this title or any 

labeling regulation under section 4907 of this title may be filed only 

in the United States Court of Appeals for the District of Columbia 

Circuit, and a petition for review of action of the Administrator of the 

Federal Aviation Administration in promulgating any standard or 

regulation under section 44715 of title 49 may be filed only in such 

court. Any such petition shall be filed within ninety days from the date 

of such promulgation, or after such date if such petition is based 

solely on grounds arising after such ninetieth day. Action of either 

Administrator with respect to which review could have been obtained 

under this subsection shall not be subject to judicial review in civil 

or criminal proceedings for enforcement.

(b) Additional evidence

    If a party seeking review under this chapter applies to the court 

for leave to adduce additional evidence, and shows to the satisfaction 

of the court that the information is material and was not available at 

the time of the proceeding before the Administrator of such Agency or 

Administration (as the case may be), the court may order such additional 

evidence (and evidence in rebuttal thereof) to be taken before such 

Administrator, and to be adduced upon the hearing, in such manner and 

upon such terms and conditions as the court may deem proper. Such 

Administrator may modify his findings as to the facts, or make new 

findings, by reason of the additional evidence so taken, and he shall 

file with the court such modified or new findings, and his 

recommendation, if any, for the modification or setting aside of his 

original order, with the return of such additional evidence.

(c) Stay of agency action

    With respect to relief pending review of an action by either 

Administrator, no stay of an agency action may be granted unless the 

reviewing court determines that the party seeking such stay is (1) 

likely to prevail on the merits in the review proceeding and (2) will 

suffer irreparable harm pending such proceeding.

(d) Subpenas

    For the purpose of obtaining information to carry out this chapter, 

the Administrator of the Environmental Protection Agency may issue 

subpenas for the attendance and testimony of witnesses and the 

production of relevant papers, books, and documents, and he may 

administer oaths. Witnesses summoned shall be paid the same fees and 

mileage that are paid witnesses in the courts of the United States. In 

cases of contumacy or refusal to obey a subpena served upon any person 

under this subsection, the district court of the United States for any 

district in which such person is found or resides or transacts business, 

upon application by the United States and after notice to such person, 

shall have jurisdiction to issue an order requiring such person to 

appear and give testimony before the Administrator, to appear and 

produce papers, books, and documents before the Administrator, or both, 

and any failure to obey such order of the court may be punished by such 

court as a contempt thereof.

(Pub. L. 92-574, Sec. 16, Oct. 27, 1972, 86 Stat. 1247.)


    In subsec. (a), ``section 44715 of title 49'' substituted for 

``section 611 of the Federal Aviation Act of 1958'' on authority of Pub. 

L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section 

of which enacted subtitles II, III, and V to X of Title 49, 


                  Section Referred to in Other Sections

  This section is referred to in sections 4916, 4917 of this title.


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