the Agency can initiate action under FIFRA to cancel, suspend and/or modify the terms and conditions of registration. For an explanation of the formalities and statutory authority for the Special Review mechanism see J.A. 113-14. 8 .The Agency proposed to (1) cancel all TBT antifouling paint registrations which exceed an average daily release rate of 4.0 micrograms per square centimeter per day; (2) prohibit the use of TBT antifouling paints on all non-aluminum vessels under 65 feet and require appropriate labelling; (3) classify TBT antifouling paints as restricted use pesticides and restrict their sale to certified commercial applicators; (4) require compliance with specified di zens to Preserve Overton Park, Inc., v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 824, 28 L.Ed.2d 136 (1971) (<HOLDING>). 31 . 7 U.S.C. § 136(bb) (1988). 32 . See 7
holding that under the arbitrary and capricious standard this court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment holding that there must be sufficient evidence in the record to affirmatively demonstrate the courts consideration of the relevant section 3553a factors holding that a court reviewing an informal adjudication must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment holding that an adjudication on summary judgment is an adjudication on the merits holding that in reviewing a jury instruction this court must review the entire instruction and look at all the evidence on the record to determine whether there was error and whether that error prejudiced the complaining party