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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

 WASHINGTON, D.C. 20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

CERTIFIED MAIL

Return Receipt Requested

Jacqueline Romano

Regulatory Affairs Manager

The Fountainhead Group, Inc.

23 Garden Street

New York Mills, NY 13417

Subject: Suspension of Registration of Pesticide Product(s) Containing Resmethrin for 

Failure (EPA Reg. Number 53853-1) to comply with the Resmethrin Section 4 

Phase 5 Reregistration Eligibility Document Data Call-In Notice dated

June 14, 2006.

Dear Sir/Madam:

This letter gives you notice that the pesticide product registration(s) listed in Attachment I will 

be suspended 30 days from your receipt of this letter unless you take steps within that time to 

prevent this Notice from automatically becoming a final and effective order of suspension. The 

Agency's authority for suspending the registrations of your products is section 3(c)(2)(B) of the 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Upon becoming a final and 

effective order of suspension, any violation of the order will be an unlawful act under section 

12(a)(2)(J) of FIFRA.

You are receiving this Notice of Intent to Suspend because you have failed to comply with the 

terms of the Phase 5 Reregistration Eligibility Decision Document Data Call-In Notice imposed 

pursuant to section 4(g)(2)(B) and section 3(c)(2)(B) of FIFRA. The specific basis for issuance 

of this Notice is stated in the Explanatory Appendix (Attachment III) to this Notice. The 

affected product(s) and the requirement(s) which you failed to satisfy are listed and described in 

the following three attachments:

Attachment I Suspension Report - Product List

Attachment II Suspension Report - Requirement List

Attachment III Suspension Report - Explanatory Appendix

The suspension of the registration of each product listed in Attachment I will become final unless 

at least one of the following actions is completed.

1. You may avoid suspension under this Notice if you or another person adversely affected 

by this Notice properly request a hearing within 30 days of your receipt of this Notice. If 
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you request a hearing, it will be conducted in accordance with the requirements of section 

6(d) of FIFRA and the Agency's Procedural Regulations in 40 CFR Part 164.

Section 3(c)(2)(B), however, provides that the only allowable issues which may be 

addressed at the hearing are whether you have failed to take the actions which are the 

bases of this Notice and whether the Agency's decision regarding the disposition of 

existing stocks is consistent with FIFRA. Therefore, no substantive allegation or legal

argument concerning other issues, including but not limited to the Agency's original 

decision to require the submission of data or other information, the need for or utility of 

any of the required data or other information or deadlines imposed, any allegations of 

errors or unfairness in any proceedings before an arbitrator, and the risks and benefits 

associated with continued registration of the affected product, may be considered in the

proceeding. The Administrative Law Judge shall by order dismiss any objections which 

have no bearing on the allowable issues which may be considered in the proceeding.

Section 3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held and a 

determination issued within 75 days after receipt of a hearing request. This 75-day

period may not be extended unless all parties in the proceeding stipulate to such an 

extension. If a hearing is properly requested, the Agency will issue a final order at the 

conclusion of the hearing governing the suspension of your product(s).

A request for a hearing pursuant to this Notice must 1) include specific objections which 

pertain to the allowable issues which may be heard at the hearing, 2) identify the 

registrations for which a hearing is requested, and 3) set forth all necessary supporting 

facts pertaining to any of the objections which you have identified in your request for a 

hearing. If a hearing is requested by any person other than the registrant, that person 

must also state specifically why he asserts that he would be adversely affected by the 

suspension action described in this Notice. Three copies of the request must be submitted 

to:

Hearing Clerk, 1900

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

An additional copy should be sent to the signatory listed below. The request must be 

received by the Hearing Clerk by the 30th day from your receipt of this Notice in

order to be legally effective. The 30-day time limit is established by FIFRA and cannot

be extended for any reason. Failure to meet the 30-day time limit will result in automatic 

suspension of your registration(s) by operation of law and, under such circumstances, the 

suspension of the registration for your affected product(s) will be final and effective at 

the close of business 30 days after your receipt of this Notice and will not be subject to 

further administrative review.

The Agency's Rules of Practice at 40 CFR 164.7 forbid anyone who may take part in 

deciding this case, at any stage of the proceeding, from discussing the merits of the 

proceeding ex parte with any party or with any person who has been connected with the 
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preparation or presentation of the proceeding as an advocate or in any investigative or 

expert capacity, or with any of their representatives. Accordingly, the following EPA 

offices, and the staffs thereof, are designated as judicial staff to perform the judicial 

function of EPA in any administrative hearings on this Notice of Intent to Suspend: the 

Office of the Administrative Law Judges, the Office of the Environmental Appeals 

Board, the Administrator, the Deputy Administrator, and the members of the staff in the 

immediate offices of the Administrator and Deputy Administrator. None of the persons 

designated as the judicial staff shall have any ex parte communication with trial staff or 

any other interested person not employed by EPA on the merits of any of the issues 

involved in this proceeding, without fully complying with the applicable regulations.

2. You may also avoid suspension if, within 30 days of your receipt of this Notice, the 

Agency determines that you have taken appropriate steps to comply with the section 

3(c)(2)(B) Data Call-In Notice. In order to avoid suspension under this option, you must 

satisfactorily comply with Attachment II, Requirement List, for each product by

submitting all required supporting data/information described in Attachment II and in the

Explanatory Appendix (Attachment III) to the following address (preferably by certified

mail):

 Office of Pesticide Programs

Pesticide Re-evaluation Division (PRD) (7508P)

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

For you to avoid automatic suspension under this Notice, the Agency must also 

determine within the applicable 30-day period that you have satisfied the requirements 

that are the bases of this Notice and so notify you in writing. You should submit the 

necessary data/information as quickly as possible for there to be any chance the 

Agency will be able to make the necessary determination in time to avoid suspension of 

your product(s).

The suspension of the registration(s) of your company's product(s) pursuant to this Notice 

will be rescinded when the Agency determines you have complied fully with the 

requirements which were the bases of this Notice. Such compliance may only be 

achieved by submission of the data/information described in the attachments to the 

signatory below.

Your product will remain suspended, however, until the Agency determines you are in 

compliance with the requirements which are the bases of this Notice and so informs you 

in writing.

After the suspension becomes final and effective, the registrant subject to this Notice, 

including all supplemental registrants of product(s) listed in Attachment I, may not 

legally distribute, sell, use, offer for sale, hold for sale, ship, deliver for shipment, or 

receive and (having so received) deliver or offer to deliver, to any person, the product(s) 

listed in Attachment I.
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Persons other than the registrant subject to this Notice, as defined in the preceding 

sentence, may continue to distribute, sell, use, offer for sale, hold for sale, ship, deliver 

for shipment, or receive and (having so received) deliver or offer to deliver, to any

person, the product(s) listed in Attachment I.

Nothing in this Notice authorizes any person to distribute, sell, use, offer for sale, hold 

for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to 

deliver, to any person, the product(s) listed in Attachment I in any manner which would 

have been unlawful prior to the suspension.

If the registration(s) for your product(s) listed in Attachment I are currently suspended as 

a result of failure to comply with another section 3(c)(2)(B) Data Call-In Notice or 

Section 4 Data Requirements Notice, this Notice, when it becomes a final and effective 

order of suspension, will be in addition to any existing suspension, i.e., all requirements 

which are the bases of the suspension must be satisfied before the registration will be 

reinstated.

 

You are reminded that it is your responsibility as the basic registrant to notify all 

supplementary registered distributors of your basic registered product that this suspension 

action also applies to their supplementary registered products and that you may be held 

liable for violations committed by your distributors.

If you have any questions about the requirements and procedures set forth in this suspension 

Notice or in the subject section 3(c)(2)(B) Data Call-In Notice, please contact Patricia Moe at

(703) 305-0744.

Sincerely yours,

Richard P. Keigwin, Jr., Director

 Pesticide Re-evaluation Division 

Attachments:

Attachment I - Product List

Attachment II - Requirement List

Attachment III - Explanatory Appendix