[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR174.9]

[Page 273]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 174--PROCEDURES AND REQUIREMENTS FORPLANT-INCORPORATED PROTECTANTS--
Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 174.9  Confidential business information claims for plant-incorporated 
protectant submissions.

    Although it is strongly recommended that the submitter minimize the 
amount of data and other information claimed as Confidential Business 
Information (CBI), a submitter may assert a claim of confidentiality for 
all or part of the information submitted to EPA in a submission for a 
plant-incorporated protectant. (See part 2, subpart B of this chapter.) 
To assert such a claim, the submitter must comply with all of the 
following procedures:
    (a) Any claim of confidentiality must accompany the information at 
the time the information is submitted to EPA. Failure to assert a claim 
at that time constitutes a waiver of confidentiality for the nformation 
submitted, and the information may be made available to the public, 
subject to section 10(g) of FIFRA, with no further notice to the 
submitter.
    (b) Any claim of confidentiality must be accompanied, at the time 
the claim is made, by comments substantiating the claim and explaining 
why the submitter believes that the information should not be disclosed. 
The submitter must address each of the points listed in Sec. 2.204(e)(4) 
of this chapter in the substantiation. EPA will consider incomplete all 
plant-incorporated protectant submissions containing information claimed 
as CBI that are not accompanied by substantiation, and will suspend any 
applicable review of such submissions until the required substantiation 
is provided.