[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.30]

[Page 326]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180--TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN FOOD--Table of Contents
 
                    Subpart B--Procedural Regulations
 
Sec. 180.30  Judicial review.

    (a) It is the Agency's view that the Act does not allow a person to 
obtain direct judicial review of a regulation issued under this part 
that establishes, amends, or revokes a tolerance regulation or a 
regulation exempting a pesticide chemical from the need for a tolerance. 
However, if an objection to such action is submitted to the 
Administrator in the manner prescribed by part 178 of this chapter, 
judicial review may be obtained of the Administrator's action on the 
objections (see sections 408(d)(5) and 408(i) of the Act).
    (b) A decision under Secs. 180.29 and 180.32 that a request does not 
warrant the issuance of a proposed regulation is final agency action. 
Although the Act makes no special provision for review of such final 
agency action, the action may be reviewable under other provisions of 
the United States Code (see e.g., 5 U.S.C. 701-706, 28 U.S.C. 1331).

[55 FR 50300, Dec. 5, 1990]