227 



sideration to the data submitted in the petition or 

 otherwise before him, by order make pubUc a 

 regtilation — 



(A) establishing a tolerance for the pesticide 

 chemical named in the petition for the purposes 

 for which it is so certified as useful, or 



(B) exempting the pesticide chemical from the 

 necessity of a tolerance for such purposes, 



unless within such ninety-day period the person filing 

 the petition requests that the petition be referred 

 to an advisory committee or the Administrator 

 within such period otherwise deems such referral 

 necessary, in either of which events the provisions 

 of paragraph (3) of this subsection shall apply in 

 lieu hereof. 



(3) In the event that the person filing the petition 

 requests, within ninety days after a certification of 

 usefulness under subsection (I) of this section with 

 respect to the pesticide chemical named in the peti- 

 tion, that the petition be referred to an advisory 

 committee, or In the event the Administrator within 

 such period otherwise deems such referral n<icessary, 

 the Administrator shall forthwith submit the petition 

 and other data before him to an advisory committee 

 to be appointed in accordance with subsection (g) 

 of this section. As soon as practicable after such 

 referral, but not later than sixty days thereafter, 

 unless extended as hereinafter provided, the com- 

 mittee shall, after independent study of the data sub- 

 mitted to it by the Administrator and other data 

 before it, certify to the Administrator a report and 

 recommendations on the proposal in the i>etitlon to 

 the Administrator, together with all underlying data 

 and a statement of the reasons or basis for the recom- 

 mendations. The sixty-day period provided for herein 

 may be extended by the advisory committee for an 

 additional thirty days if the advisory committee 

 deems this necessary. Within thirty days after such 

 certification, the Administrator shall, after giving 

 due consideration to all data then before him, in- 

 cluding such report, recommendations, underlying 

 data, and statement, by order make public a regu- 

 lation — 



(A) establishing a tolerance for the pesticide 

 chemical named in the petition for the purposes 

 for which it is so certified as useful; or 



(B) exempting the pesticide chemical from the 

 necessity of a tolerance for such purposes. 



(4) The regulations published under paragraph 

 (2) or (3) of this subsection will be effective upon 

 publication. 



(5) Within thirty days after publication, any per- 

 son adversely affected by a regulation published 

 pursuant to paragraph (2) or (3) of this subsection, 

 or pursuant to subsection (e) of this section, may file 

 objections thereto with the Administrator, specifying 

 with particularity the provisions of the regulation 

 deemed objectionable, stating reasonable grounds 

 therefor, and requesting a public hearing upon such 

 objections. A copy of the objections filed by a per- 

 son other than the petitioner shall be served on the 

 petitioner, if the regulation was issued pursuant to 

 a petition. The petitioner shall have two weeks to 

 make a written reply to the objections. The Adminis- 

 trator shall thereupon, after due notice, hold such 

 public 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 Secretary by 

 an advisory committee shall be made a part of the 

 record of the hearing, if relevant and material, sub- 

 ject to the provisions of section 1006 (c) of Title 5. 

 The National Academy of Sciences shall designate a 

 member of the advisory committee to appear and 

 testify at any such hearing with respect to the report 

 and recommendations of such committee upon re- 

 quest of the Administrator, the petitioner, or the ofB- 

 cer conducting the hearing: Provided, That this shall 

 not preclude any other member of the advisory com- 

 mittee from appearing and testifying at such hear- 

 ing. As soon as practicable after completion of the 

 hearing, the Administrator shall act upon such objec- 

 tions and by order make public a regulation. Such 

 regulation shall be based only on substantial evidence 

 of record at such hearing, including any report, rec- 

 ommendations, underlying data, and reasons certi- 

 fied to the Administrator by an advisory committee, 

 and shall set forth detailed findings of fact upon 

 which the regulation is based. No such order shall 

 take effect prior to the ninetieth day after its publi- 

 cation, unless the Administrator finds that emer- 

 gency conditions exist necessitating an earlier 

 effective date, in which event the Administrator shall 

 specify in the order his findings as to such conditions. 



(e) Regulations pursuant to Administrator's proposals. 

 The Administrator may at any time, upon his 

 own initiative or upon the request of any interested 

 person, propose the issuance of a regulation estab- 

 lishing a tolerance for a pesticide chemical or ex- 

 empting It from the necessity of a tolerance. Thirty 

 days after publication of such a proposal, the Ad- 

 ministrator may by order publish a regulation based 

 upon the proposal which shall become effective upon 

 publication \uiless within such thirty-day period a. 

 person who has registered, or who has submitted 

 an application for the registration of, a pesticide 

 under the Federal Insecticide, Fungicide, and Ro- 

 dentlclde Act containing the pesticide chemical 

 named in the proposal, requests that the proposal 

 be referred to an advisory committee. In the event 

 of such a request, the Administrator shall forthwith 

 submit the proposal and other relevant data before 

 him to an advisory committee to be appointed in 

 accordance with subsection (g) of this section. As 

 soon as practicable after such referral, but not later 

 than sixty days thereafter, unless extended as here- 

 inafter provided, the committee shall, after inde- 

 pendent study of the date submitted to It by the 

 Administrator and other data before it, certify to the 

 Administrator a report and recommendations on the 

 proposal together with all underlying data and a 

 statement of the reasons or basis for the recommen- 

 dations. The sixty-day period provided for herein 

 may be extended by the advisory committee for an 

 additional thirty days if the advisory committee 

 deems this necessary. Within thirty days after such 

 certification, the Administrator may, after giv- 

 ing due consideration to all data before him, in- 

 cluding such report, recommendations, underlying 

 data and statement, by order publish a regulation 

 establishing a tolerance for the pesticide chemical 

 named in the proposal or exempting It from the 



