[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR154.33]



[Page 51]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 154_SPECIAL REVIEW PROCEDURES--Table of Contents

 

                          Subpart B_Procedures

 

Sec.  154.33  Notice of Final Determination.



    (a) Publication and notice to registrants and applicants. The 

Administrator shall prepare a Notice of Final Determination after the 

close of the comment period on a Notice of Preliminary Determination. As 

necessary, the Administrator shall also prepare Notices of Intent to 

Cancel, Notices of Denial, Notices of Intent to Hold a Hearing under 

FIFRA section 6(b)(2), or Notices of Intent to Change Classification.

    (b) Contents. The Notice of Final Determination shall include:

    (1) For each pesticide use subject to the Notice of Preliminary 

Determination, the Agency's final determination with respect to each 

use, along with a discussion of the reasons for the determination.

    (2) Any comments submitted by the Secretary of Agriculture or the 

Scientific Advisory Panel, and the responses of the Administrator to 

these comments.

    (3) The response of the Administrator to any significant public 

comments submitted on the Notice of Preliminary Determination.

    (4) Instructions to registrants, applicants for registration, and 

other interested persons concerning the procedures which will be used to 

implement any regulatory action which the Administrator has decided 

upon, including instructions concerning how to request hearings, if 

hearings are available as of right under the Act or have been made 

available by the Administrator under the Act.

    (5) The location of the docket under Sec.  154.15 and the times 

during which the docket will be available for inspection and copying.

    (c) Publication and notification of registrants and applicants. The 

Notice of Final Determination and any Notice of Intent to Cancel, Notice 

of Denial, Notice of Intent to Hold a Hearing, or Notice of Intent to 

Change Classification shall be published in the Federal Register. If the 

Administrator issues a Notice of Intent to Cancel, Notice of Denial, 

Notice of Intent to Hold a Hearing, or Notice of Intent to Change 

Classification, such notice, along with the Notice of Final 

Determination, also shall be sent by certified mail to all affected 

registrants and applicants.