[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.97]

[Page 23]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
  Subpart E--Procedures To Ensure Protection of Data Submitters' Rights
 
Sec. 152.97  Rights and obligations of data submitters.

    (a) Right to be listed on Data Submitters List. (1) Each original 
data submitter shall have the right to be included on the Agency's Data 
Submitters List.
    (2) Each original data submitter who wishes to have his name added 
to the current Data Submitters List must submit to the Agency the 
following information:
    (i) Name and current address;
    (ii) Chemical name and common name (if any) of the active 
ingredient(s), with respect to which he is an original data submitter;
    (iii) For each such active ingredient, the type(s) of study he has 
previously submitted (corresponding to Guidelines reference numbers 
given in tables in 40 CFR part 158, if applicable), the date of 
submission, and the EPA registration number, file symbol, or other 
identifying reference for which it was submitted.
    (3) Each applicant not already included on the Data Submitters List 
for a particular active ingredient must inform the Agency at the time of 
submission of a relevant study whether he wishes to be included on the 
Data Submitters List for that pesticide.
    (b) Obligation to respond to data gap letters. An applicant who 
chooses to defer his obligation by demonstrating the existence of a data 
gap must write to each original data submitter for confirmation that the 
data submitter has not submitted a valid study that would satisfy the 
requirement. The original data submitter is not required to respond to 
such letters. However, if he fails to respond, the applicant is entitled 
to assume (and the Agency will act on the assumption) that the original 
data submitter has not submitted a study to satisfy the requirement. The 
data submitter may thereby limit his right to later challenge the 
applicant's claim if he fails respond in writing delivered to the 
applicant within 60 days of receipt of the applicant's data gap letter.