[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.30]

[Page 328-329]
 
                   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,

[[Page 329]]

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 Sec. Sec. 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]