Any such petition may be made by any person that commented or otherwise participated in the rulemaking or any person that may be adversely affected by the action of the Secretary or the Secretary of Agriculture. (3) Standard of review Final agency action under this subsection, including such final action on those matters described under subsection (a), shall be subject to judicial review in accordance with paragraph (4) and pursuant to section 1391 of title 28, United States Code, not later than 60 days after the date of such final action. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. (4) Savings clause The availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section 504. (5) Record The court shall hear any petition or complaint filed under this subsection solely on the record made before the Secretary concerned. The court may affirm or vacate any order or decision or may remand the proceedings to the Secretary concerned for such further action as it may direct. (6) Commencement of a proceeding not a stay The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary concerned. (c) Costs Whenever a proceeding occurs under subsection (a) or (b), at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings, including any judicial review of the proceeding, may be assessed against either party as the court, in the case of judicial review, or the Secretary concerned in the case of administrative proceedings, deems appropriate if it is determined that such party prevailed in whole or in