[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

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)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

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 oppor tunities. The procedures set forth in 

this subpart D shall govern all such applications.