187 



tions so as to afford the applicant for reeistration 

 an opportunity to make the corrections necessary. 

 If. upon receipt of such notice, the applicant for 

 registration does not make the corrections, the Ad- 

 ministrator shall refuse to register the article. The 

 Administrator, in accordance with the procedures 

 specified herein, may suspend or cancel the registra- 

 tion of an economic poison whenever it does not 

 appear that the article or its labeling or other mate- 

 rial required to be submitted complies with the pro- 

 visions of sections 135 to 135k of this title. When- 

 ever the Administrator refuses registration of an 

 economic poison or determines that registration of 

 an economic poison should be canceled, he shall 

 notify the applicant for registration or the regis- 

 trant of his action and the reasons therefor. When- 

 ever an application for registration is refused, the 

 applicant, within thirty days after service of notice 

 of such refusal, may file a petition requesting that 

 the matter be referred to an advisory committee or 

 file objections and request a public hearing in ac- 

 cordance with this section. A cancellation of regis- 

 tration shall be effective tliirty days after service of 

 the foregoing notice unless within such time the 

 registrant (1) makes the necessary corrections; (2) 

 files a petition requesting that the matter be referred 

 to an advisory committee: or (3) flics objections 

 and requests a public hearing. Each advisory com- 

 mittee shall be composed of experts, qualified in the 

 subject matter and of adequately diversified prpfes- 

 sional background selected by the National Academy 

 of Sciences and shall include one or more represent- 

 atives from land-grant colleges. The size of the 

 committee shall be determined by the Administra- 

 tor. Members of an advisory committee shall re- 

 ceive as compensation for their services a reasonable 

 per diem, which the Administrator shall by rules 

 and regulations prescribe, for time actually spent 

 In the work of the committee, and shall in addition 

 be reimbursed for their necessary traveling and 

 subsistence expenses while so serving away from 

 their places of residence, all of which costs may be 

 assessed against the petitioner, unless tiie committee 

 shall recommend in favor of the petitioner or unless 

 the matter was referred to the advisory committee 

 by the Administrator. The members shall not be 

 subject to any other provisions of law regarding 

 the appointment and compensation of employees of 

 the United States. The Administrator shall fur- 

 nish the committee with adequate clerical and other 

 assistance, and shall by rules and regulations pre- 

 scribe the procedures to be followed by the commit- 

 tee. The Administrator shall forthwith submit to 

 such committee the application for registration of 

 the article and all relevant data before him. The 

 petitioner, as well as representatives of the Environ- 

 mental Protection Agency, shall have the right to 

 consult with the advisory committee. As soon as 

 practicable after any such submission, but not later 

 than sixty days thereafter, unless extended by the 

 Administrator for an additional sixty days, the com- 

 mittee shall, after independent study of the data 

 submitted by the Administrator and all other perti- 

 nent information available to it, submit a report and 

 recommendation to the Administrator as to the reg- 



istration of the article, together with all underlying 

 data and a statement of the reasons or basis for the 

 recommendations. After due consideration of the 

 views of the committee and all other data before 

 him, the Administrator shall, within ninety days 

 after receipt of the report and recommendations of 

 the advisory committee, make his determination and 

 issue an order, with findings of fact, with respect to 

 registration of the article and notify the applicant 

 for registration or registrant. The applicant for 

 registration, or registrant, may. within sixty days 

 from the date of the order of the Administrator, file 

 objections thereto and request a public hearing 

 thereon. In the event a hearing is requested, the 

 Administrator shall, after due notice, hold such pub- 

 lic hearing for the purpose of receiving evidence 

 relevant and material to the issues raised by such 

 objections. Any report, recommendations, under- 

 lying data, and reasons certified to the Administra- 

 tor by an advisory committee shall be made a part 

 of the record of the hearing, if relevant and mate- 

 rial, subject to the provisions of section 1006(c) of 

 Title 5. The National Academy of Sciences shall 

 designate a member of the advisory committee to ap- 

 pear and testify at any such hearing with respect 

 to the report and recommendations of such commit- 

 tee upon request of the Administrator, the petitioner, 

 or the officer conducting the hearing: Provided. That 

 this shall not preclude any other member of the ad- 

 visory committee from appearing and testifying at 

 such hearing. As soon as pracLirablo after com- 

 pletion of the hcarini;, but not later than ninety days, 

 the Administrator shall evaluate the data and re- 

 ports before him, act upon such objections and issue 

 an order granting, denying, or canceling the reeis- 

 tration or requiring modification of the claims or the 

 labeling. Such order shall be based only on sub- 

 stantial evidence of record at such hearing. Includ- 

 ing any report, recommendations, underlying data, 

 and reason certified to the Administrator by an ad- 

 visory committee, and shall set forth detailed find- 

 ings of fact upon which the order Is based. In con- 

 nection with consideration of any registration or 

 application for registration under this section, the 

 Administrator may consult with any other Federal 

 agency or with an advisory committee appointed as 

 herein provided. Notwithstanding the provisions of 

 section 135a(c)<4) of this title, information relative 

 to formulas of products acquired by authority of this 

 section may be revealed, when necessary under this 

 section, to an advisory committee, or to any Fed- 

 eral agency consulted, or at a public hearing, or In 

 findings of fact issued by the Administrator. All 

 data submitted to an advisory committee In support 

 of a petition under this section shall be considered 

 confidential by such advisory committee: Provided, 

 That this provision shall not be construed as pro- 

 hibiting the use of such data by the committee In 

 connection with its consultation with the petitioner 

 or representatives of the Environmental Protection 

 Agency, as provided for herein, and in connection 

 with its report and recommendations to the Admin- 

 istrator. Notwithstanding any other provision of 

 this section, the Administrator may, when he finds 

 that such action is necessary to prevent an imminent 



