(a) (1) For any rule subject to this
chapter, a small entity that is adversely affected or aggrieved by
final agency action is entitled to judicial review of agency compliance
with the requirements of sections 601, 604, 605(b), 608(b), and 610
in accordance with chapter 7. Agency compliance with sections 607
and 609(a) shall be judicially reviewable in connection with judicial
review of section 604.
(2) Each court having jurisdiction to review such rule for compliance
with section 553, or under any other provision of law shall have jurisdiction
to review any claims of noncompliance with sections 601, 604, 605(b),
608(b), and 610 in accordance with chapter 7. Agency compliance with
sections 607 and 609(a) shall be judicially reviewable in connection
with judicial review of section 604.
(3) (A)
A small entity may seek such review during the period beginning on
the date of final agency action and ending one year later, except
that where a provi sion of law requires that an action challenging a final agency action
be commenced before the expiration of one year, such lesser period
shall apply to an action for judicial review under this section.
(B) In the case where
an agency delays the issuance of a final regulatory flexibility analysis
pursuant to section 608(b) of this chapter, an action for judicial
review under this section shall be filed not later than—
(i) one year after
the date the analysis is made available to the public, or
(ii) where a provision of law
requires that an action challenging a final agency regulation be commenced
before the expiration of the 1-year period, the number of days specified
in such provision of law that is after the date the analysis is made
available to the public.
(4) In granting any relief in an action
under this section, the court shall order the agency to take corrective
action consistent with this chapter and chapter 7, including, but
not limited to—
(A) remanding the rule to the agency,
and
(B) deferring
the enforcement of the rule against small entities unless the court
finds that continued enforcement of the rule is in the public interest.
(5) Nothing
in this subsection shall be construed to limit the authority of any
court to stay the effective date of any rule or provision thereof
under any other provision of law or to grant any other relief in addition
to the requirements of this section.
(b) In an action for the judicial
review of a rule, the regulatory flexibility analysis for such rule,
including an analysis prepared or corrected pursuant to paragraph
(a)(4), shall constitute part of the entire record of agency action
in connection with such review.
(c) Compliance or noncompliance by an agency
with the provisions of this chapter shall be subject to judicial review
only in accordance with this section.
(d) Nothing
in this section bars judicial review of any other impact statement
or similar analysis required by any other law if judicial review of
such statement or analysis is otherwise permitted by law.
[5 USC 611. As amended
by act of March 24, 1996 (110 Stat. 865).]
