[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1955.46] [Page 144] TITLE 29--LABOR CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PART 1955_PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE PLANS--Table of Contents Subpart E_Hearing and Decision Sec. 1955.46 Finality for purposes of judicial review. Only a final decision by the Secretary under Sec. 1955.44 shall be deemed final agency action for purposes of judicial review. A decision of an administrative law judge which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704.