[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR152.91]



[Page 20-21]

 

                   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.  152.91  Waiver of a data requirement.



    The applicant may demonstrate compliance for a data requirement by 

documenting the existence of a waiver in accordance with paragraph (a) 

of this section, or by being granted a new waiver requested in 

accordance with paragraph (b) of this section.

    (a) Request for extension of an existing waiver. An applicant may 

claim that a waiver previously granted by the Agency also applies to a 

data requirement for his product. To document this claim, the applicant 

must provide a reference to the Agency record that describes the 

previously granted waiver, such as an Agency list of waivers or an



[[Page 21]]



applicable Registration Standard, and must explain why that waiver 

should apply to his product.

    (b) Request for a new waiver. An applicant who requests a waiver to 

satisfy a data requirement must submit the information specified in 40 

CFR 158.45.

    (c) Effect of denial of waiver request. If the request for a new 

waiver or extension of an existing waiver is denied by the Agency, the 

applicant must choose another method of satisfying the data requirement.