[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76638-76639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31193]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6913-5]


Notice of Hearing

AGENCY: Environmental Protection Agency.

ACTION: Notice of hearing.

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SUMMARY: This Notice announces that Kanoria Chemicals and Industries, 
Ltd., (Kanoria), has filed objections to a Notice of Intent to Suspend 
Registration of Pesticide Product(s) Containing Lindane, namely Lindane 
Technical Crystals (EPA Reg. No. 66951-1) and Lindane Technical Powder 
(EPA Reg. No. 66951-2), and has requested a hearing thereon. The Notice 
of Intent to Suspend was issued for Kanoria's alleged failure to comply 
with a Lindane Data Call-In Notice dated March 31, 1997, issued under 
Section 3(c)(2)(B) of the Federal Insecticide, Rodenticide and 
Fungicide Act (FIFRA). This Notice also announces that a hearing will 
commence in Washington D.C. on January 9, 2001, pursuant to Kanoria's 
request for hearing.

DATES: Motions to intervene in the hearing announced by this Notice 
must be received by the Office of the Hearing Clerk at the address 
provided below by December 15, 2000. The hearing will commence on 
January 9, 2001, and will continue if necessary on January 10-12, 2001.

ADDRESSES: Motions to intervene, identified by FIFRA Data Docket No. 
216, must be filed with Bessie Hammiel, Headquarters Hearing Clerk, 
Mail Code 1900, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., N.W., Washington, D.C. 20460; and copies served by mail on: (1) 
Chief Administrative Law Judge Susan L. Biro, Mail Code 1900L, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., 
Washington, D.C. 20460; (2) Scott B. Garrison, Pesticides and Toxic 
Substances Law Office, Office of General Counsel, Mail Code 2333A, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., 
Washington, D.C. 20460; and (3) Peter E. Seley, Gibson, Dunn & 
Crutcher, LLP, 1050 Connecticut Avenue, N.W., Washington D.C. 20036-
5306.
    The hearing will be held in the Ariel Rios Building, Room 7208, 
1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: By mail: Bessie Hammiel, Headquarters 
Hearing Clerk, Mail Code 1900, U.S. Environmental Protection Agency, 
1200 Pennsylvania Ave., N.W., Washington, D.C. 20460. Office location: 
Office of the Hearing Clerk, Room C400, 401 M St. S.W., Washington D.C. 
20460. Telephone: (202) 260-4865.

SUPPLEMENTARY INFORMATION:

I. Legal Authority

    Under Section 3(c)(2)(B) of FIFRA, if EPA determines that 
additional data are required to maintain in effect an existing 
registration of a pesticide, EPA notifies all existing registrants of 
the pesticide in a ``FIFRA Data Call-in Notice,'' requiring each 
registrant to provide evidence within ninety days that it is taking 
appropriate steps to secure the additional data. If a registrant fails 
to comply, EPA may issue a notice of intent to suspend the registration 
of the pesticide for which additional data was required. The suspension 
becomes final and effective thirty days from receipt by the registrant 
of the notice of intent to suspend, unless within that time period: (1) 
The registrant demonstrates that it has fully complied with the 
requirements that served as a basis for the notice to suspend, or (2) a 
request for hearing is made by a person adversely affected by the 
notice. FIFRA Section 3(c)(2)(B)(iv).

II. Hearing Procedures

    Pursuant to Section 3(c)(2)(B)(iv) of FIFRA, if a hearing is 
requested, the hearing shall be conducted in accordance with FIFRA 
section 6(d). Regulations implementing the hearing procedures are set 
forth in 40 C.F.R. part 164, subpart B.

A. Issues To Be Adjudicated

    Pursuant to Section 3(c)(2)(B)(iv) of FIFRA, two issues to be 
adjudicated are: (1) Whether Kanoria has failed to comply with the 
terms of a Data Call-In Notice dated March 31, 1997, as to Lindane 
Technical Crystals (EPA Reg. No. 66951-1) and Lindane Technical Powder 
(EPA Reg. No. 66951-2); and (2) whether EPA's prohibition on 
distribution, sale, use offering for sale, holding for sale, shipping, 
delivering for shipment, receipt and (having so received) delivering or 
offering to deliver existing stocks of Lindane Technical Crystals and 
Lindane Technical Powder, is inconsistent with

[[Page 76639]]

the terms of FIFRA. The Notice of Intent to Suspend, dated October 10, 
2000, provides that after the suspension becomes final and effective, 
the registrant, including all supplemental registrants of Lindane 
Technical Crystals (EPA Reg. No. 66951-1) and Lindane Technical Powder 
(EPA Reg. No. 66951-2), are subject to the prohibition.

B. Participation in the Hearing

    Any interested person may file a motion for leave to intervene in 
the hearing. Such motion must set forth the grounds for the proposed 
intervention, the position and interest of the movant in the proceeding 
and documents proposed to be filed relating to the Notice of Intent to 
Suspend the Registration of Lindane Technical Crystals (EPA Reg. No. 
66951-1) and Lindane Technical Powder (EPA Reg. No. 66951-2). Such 
motion must be filed on or before December 15, 2000, or it must also 
set forth a statement of good cause for the failure to file the motion 
prior to that date. If leave to intervene is granted, the movant 
becomes a party to the proceeding with the full status of the original 
parties. If leave is denied, the movant may request that the ruling be 
certified to the Environmental Appeals Board, pursuant to Sec. 164.200. 
40 CFR Sec. 164.31.
    Persons not parties to the proceeding may file amicus briefs upon 
motion granted by the Administrative Law Judge. Such motion shall 
identify the interest of the applicant and shall state the reasons why 
the proposed amicus brief is desirable. Id.

C. Scheduling

    Section 3(c)(2)(B)(iv) of FIFRA requires that a hearing shall be 
held and a determination issued within seventy-five (75) days after 
receipt of a request for hearing. The petitioner's request for hearing 
was received on or about November 13, 2000. In order to fulfill the 75-
day time limit, the hearing is scheduled to commence on January 9, 
2001. Accordingly, the parties are scheduled to submit prehearing 
exchanges on December 15, 2000, and rebuttals thereto on December 22, 
2000. Pre-trial motions, stipulations and verified statements are due 
on December 29, 2000.
    The 75-day period may be extended if all parties to the proceeding 
stipulate to such an extension. The date for commencement of the 
hearing, and the prehearing schedule, are subject to postponement, 
continuation or cancellation upon short notice. Such dates should be 
confirmed by contacting Bessie Hammiel at (202) 260-4865.

III. Public Docket

    The public docket containing the case file in the matter referenced 
above (FIFRA Data Docket No. 216) is located at: Office of the Hearing 
Clerk, Room C400, 401 M St. S.W., Washington D.C. 20460. The case file 
can be viewed from 8 a.m. to 4:30 p.m., Monday through Friday, except 
legal holidays.

(Authority: 38 FR 19371, 40 CFR 164.8)
Susan L. Biro,
Chief Administrative Law Judge.
[FR Doc. 00-31193 Filed 12-6-00; 8:45 am]
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