[Code of Federal Regulations] [Title 40, Volume 23] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR178.65] [Page 317] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 178_OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents Subpart D_Judicial Review Sec. 178.65 Judicial review. An order issued under Sec. 178.37 is final agency action reviewable in the courts as provided by FFDCA section 408(h), as of the date of publication of the order in the Federal Register. The failure to file a petition for judicial review within the period ending on the 60th day after the date of the publication of the order constitutes a waiver under FFDCA section 408(h) of the right to judicial review of the order and of any regulation promulgated by the order. [70 FR 33359, June 8, 2005]