[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.130]

[Page 181]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart D--Rules of Practice for Applications Under Sections 3 and 18 To 
            Modify Previous Cancellation or Suspension Orders
 
Sec. 164.130  General.

    Authority: Sec. 25(a) and 6 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by the Federal Environmental Pesticide 
Control Act of 1972 (86 Stat. 997).

    Source: 40 FR 12265, Mar. 18, 1975, unless otherwise noted.


    EPA has determined that any application under section 3 or section 
18 of the Act to allow use of a pesticide at a site and on a pest for 
which registration has been finally cancelled or suspended by the 
Administrator constitutes a petition for reconsideration of such order. 
Because of the extensive notice and hearing opportunities mandated by 
FIFRA and the Administrative Procedures Act before a final cancellation 
or suspension order may be issued, EPA has determined that such orders 
may not be reversed or modified without affording interested parties--
who may in fact have participated in lengthy cancellation proceedings--
similar notice and hearing opportunities. The procedures set forth in 
this subpart D shall govern all such applications.