228 



necessity of a tolerance which shall become effective 

 upon publication. Regulations issued under this sub- 

 section shall upon publication be subject to para- 

 graph (5) of subsection (d) of this section. 



(f) Data submitted as confidential. 



All data submitted to the Administrator or to an 

 advisory committee in support of a petition under 

 this section shall be considered confidential by the 

 Administrator and by such advisory committee until 

 publication of a regulation under paragraph (2) 

 or (3) of subsection (d) of this section. Until such 

 publication, such data shall not be revealed to any 

 person other than those authorized by the Admin- 

 istrator or by an advisory committee in the carry- 

 ing out of their official duties under this section. 



(g) Advisory committees; appointment; composition; 

 compensation; clerical assistance. 

 Whenever the referral of a petition or proposal 

 to an advisory committee is requested under this 

 section, or the Administrator otherwise deems such 

 referral necessary the Administrator shall forth- 

 with appoint a committee of competent experts to 

 review the petition or proposal and to make a 

 report and recommendations thereon. Each such 

 advisory committee shall be composed of experts, 

 qualified in the subject matter of the petition and 

 of adequately diversified professional background 

 selected by the National Academy of Sciences and 

 shall include one or more representatives from land- 

 grant colleges. The size of the committee sh&ll be 

 determined by the Administrator. Members of an 

 advisory committee shall receive compensation and 

 travel expenses in accordance with section 376(b) 

 (5) (D) of this title. The members shall not be sub- 

 ject to any other provisions of law regarding the 

 appointment and compensation of employees of the 

 United States. The Administrator shall furnish the 

 committee with adequate clerical and other assist- 

 ance, and shall by rules and regiUations prescribe 

 the procedure to be followed by the committee. 



(h) Right of consultation. 



A person who has filed a petition or who has 

 requested the referral of a proposal to an advisory 

 committee in accordance with the provisions of this 

 section, as well as representatives of the Environ- 

 mental Protection Agency, shall have the right to 

 consult with any advisory committee provided for 

 in subsection (g) of this section in connection with 

 the petition or proposal. 



(i) Judicial review. 



(1) In a case of actual controversy as to the 

 validity of any order under subsections (d) (5), (e>, 

 or (!) of this section any person who will be ad- 

 versely affected by such order may obtain judicial 

 review by filing in the United States Court of Ap- 

 peals for the circuit wherein such person resides or 

 has his principal place of business, or in the United 

 States Court of Appeals for the District of Columbia 

 Circuit, within sixty days after the entry of such 

 order, a petition praying that the order be set aside 

 in whole or in part. 



(2) In the case of a petition with respect to an 

 order under subsection (d) (5) or (e) of this sec- 



tion, a copy of the petition shall be forthwith trans- 

 mitted by the clerk of the court to the Administra- 

 tor, or any officer designated by him for that pur- 

 pose, and thereupon the Administrator shall file in 

 the court the record of the proceedings on which he 

 based his order, as provided in section 2112 of Title. 

 28. Upon the filing of such petition, the court shall 

 have exclusive jurisdiction to affirm or set aside the 

 order complained of in whole or in part. The findings 

 of the Administrator with respect to questions of fact 

 shall be sustained if supported by substantial evi- 

 dence when considered on the record as a whole, 

 including any report and recommendation of an 

 advisory committee. 



(31 In the case cf a petition with respect to an 

 order under subsection (/) of this section, a copy 

 of the petition shall be forthwith transmitted by the 

 clerk of the court to the Administrator, or any officer 

 designated by him for that purpose, and thereupon" 

 the Administrator shall file in the court the record 

 of the proceedings on which he based his order, as 

 provided in section 2112 of Title 28. Upon the filing 

 of such petition, the court shall have exclusive juris- 

 diction to affirm or set aside the order complained of 

 in whole or in part. The findings of the Admin- 

 istrator with respect to questions of fact shall be 

 sustained if supported by substantial evidence when 

 considered on the record as a whole. 



(4) If application is made to the court for leave 

 to adduce additional evidence, the court may order 

 such additional evidence to be taken before the 

 Administrator and to be adduced upon the hear- 

 mg in such manner and upon such terms and con- 

 ditions as to the court may seem proper, if such 

 evidence is material and there were reasonable 

 grounds fpr failure to adduce such evidence in the 

 proceedings below. The Administrator may modify 

 his findings as to the facts and order by reason 

 of the additional evidence so taken, and shall file 

 with the court such modified findings and order. 



(5) The judgment of the court affirming or set- 

 ting aside, in whole or in part, any order under this 

 section shall be final, subject to review by the Su- 

 preme Court of the United States upon certiorari 

 or certification as provided in section 1254 of Title 

 28. The commencement of proceedings under this 

 section shall not. unless specifically ordered by the 

 court to the contrary, operate as a stay of an order. 

 The courts shall advance on the docket and expedite 

 the disposition of all causes filed therein pursuant 

 to this section. 



(j) Temporary tolerances. 



The Administrator may. upon the request of any 

 person who has obtained an experimental permit for 

 a pesticide chemical under the Federal Insecticide, 

 Fungicide, and Rodenticide Act or upon his own 

 initiative, establish a temporary tolerance for the 

 pesticide chemical for the uses covered by the per- 

 mit whenever in his judgment such action is deemed 

 necessary to protect the public health, or may tem- 

 porarily exempt such pesticide chemical from a tol- 

 erance. In establishing such a tolerance, the Admin- 

 istrator shall give due regard to the necessity for ex- 



