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 	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 	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.

	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

	

     

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