40 CFR § 154.23 - Proposed decision not to initiate a Special Review.

---
identifier: "/us/cfr/t40/s154.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 154.23 - Proposed decision not to initiate a Special Review."
title_number: 40
title_name: "Protection of Environment"
section_number: "154.23"
section_name: "Proposed decision not to initiate a Special Review."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "154"
part_name: "SPECIAL REVIEW PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136a, d, and w."
regulatory_source: "50 FR 49015, Nov. 27, 1985, unless otherwise noted."
cfr_part: "154"
---


# 154.23 Proposed decision not to initiate a Special Review.

If the Administrator proposes not to initiate a Special Review after having given notice under § 154.21, he shall issue a proposed decision for publication in the *Federal Register.* The proposal shall include a description of the concerns which were the original basis for placement of the pesticide in pre-Special Review status and the Agency's rationale for its proposed decision, announce the availability of a public docket, and provide a period generally not less than 30 days for submission of comments. A notice under § 154.25(b) may not be published unless it has been preceded by a notice under this section. A proposal under this section shall not be based on the benefits of use of a pesticide product.