[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.23]

[Page 177]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, 
 
 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 
 
Sec. 164.23  Contents of the statement of issues to accompany notice of 

intent to hold a hearing.

    (a) Concise statement required. The statement of issues by the 
Administrator shall set a time in which any person wishing to 
participate in the hearing shall file a written response to the 
statement of issues as provided by Sec. 164.24. The statement of issues 
shall include questions as to which evidence shall be taken at the 
hearing. Those questions may include questions concerning whether a 
pesticide's registration should be canceled or its classification 
changed, whether its composition is such as to warrant the claims for 
it, whether its labeling and other material submitted comply with the 
requirements of the Act, whether it will perform its intended function 
without unreasonable adverse effects on the environment, and whether, 
when used in accordance with widespread and commonly recognized 
practice, it will or will not generally cause unreasonable adverse 
effects on the environment.
    (b) Amendment to statement of issues. The statement of issues may be 
amended or enlarged by the Administrator at any time prior to the 
commencement of the public hearing. If the Administrative Law Judge 
determines that additional time is necessary to permit a party to 
prepare for matters raised by amendments or enlargements to the 
statement of issues, the commencement of the hearing shall be delayed 
for an appropriate period.