Page:United States Statutes at Large Volume 102 Part 3.djvu/709

 PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2661

trator, the Administrator shall determine whether the registrant made a good faith attempt to conform its submission to such guidelines. "(ii) If the Administrator determines that the registrant made a good faith attempt to conform its submission to such guidelines, the Administrator shall provide the registrant a reasonable period of time to make any necessary changes or corrections. "(iiiXD If the Administrator determines that the registrant did not make a good faith attempt to conform itJs submission to such guidelines, the Administrator may issue a notice of intent to cancel the registration. Such a notice Mail, shall be sent to the registrant by certified mail. "(II) The registration shall be canceled without a hearing or further notice at the end of 30 days after receipt by the registrant of the notice unless during that time a request for a hearing is made by the registrant. "(Ill) If a hearing is requested, a hearing shall be conducted under section 6(d), except that the only matter for resolution at the hearing shall be whether the registrant made a good faith attempt to conform its submission to such guidelines. The hearing shall be held and a determination made within 75 days after receipt of a request for hearing. "(4) GUIDEUNES.— "(A) Not later than 1 year after the effective date of this section, the Administrator, by order, shall issue guidelines to be followed by registrants in— "(i) summarizing studies; "(ii) reformatting studies; "(iii) identifying adverse information; and "(iv) identifying studies that have been submitted previously that may not meet the requirements of section 3 or regulations issued under such section, under paragraph (1). "(B) Guidelines issued under subparagraph (A) shall not be subject to judicial review. "(5) MONITORING.—The Administrator shall monitor the progress of registrants in acquiring and submitting the data required under paragraph (1). '(f) PHASE FOUR.— "(1) INDEPENDENT REVIEW AND IDENTIFICATION OF OUTSTAND-

ING DATA REQUIREMENTS.—

"(A) The Administrator shall review the submissions of all registrants of pesticides containing a particular active ingredient under subsections (d)(3) and (e)(l) to determine if such submissions identified all the data that are missing or inadequate for such active ingredient. To assist the review of the Administrator under this subparagraph, the Administrator may require a registrant seeking reregistration to submit complete copies of studies summarized under subsection (e)(l). "(B) The Administrator shall independently identify and Federal publish in the Federal Register the outstanding data Register, requirements for each active ingredient that is listed under Publication. subparagraph (B), (C), or (D) of subsection (c)(2) and that is contained in a pesticide to be reregistered under this sec-

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