[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: 40CFR154.35]



[Page 51-52]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 154_SPECIAL REVIEW PROCEDURES--Table of Contents

 

                          Subpart B_Procedures

 

Sec.  154.35  Finality of determinations.



    (a) The Administrator will not approve an application for 

registration or amended registration of a pesticide



[[Page 52]]



product except by use of the procedures specified in paragraph (c) of 

this section, if:

    (1) The application proposes registration of a product for a use 

which earlier had been the subject of a notice under Sec.  154.21(a);

    (2) After the Administrator issued the notice, he determined not to 

initiate a Special Review, because of a proposal by an applicant for 

registration or amended registration to change the terms and conditions 

of registration of the product in a way which would reduce the risk 

sufficiently to eliminate the need for a Special Review; and

    (3) The application for registration or amended registration now 

proposes that the terms and conditions which served as the basis of the 

earlier determination be eliminated, or be modified in a way which might 

increase the risk which was the subject of the notice under Sec.  

154.21(a).

    (b) The Administrator will not approve an application for 

registration or amended registration of a pesticide product except by 

use of the procedures specified in paragraph (c) of this section, if:

    (1) The application proposed registration of a product for a use 

which earlier had been the subject of a Notice of Special Review issued 

under Sec.  154.25;

    (2) After the Administrator issued that Notice, he determined not to 

issue a notice under FIFRA section 3(c)(6) or 6(b) because of a proposal 

by an applicant for registration or amended registration to change the 

terms and conditions of registration of the product in a way which would 

reduce the risk sufficiently to eliminate the need for issuance of a 

notice under FIFRA section 3(c)(6) or 6(b); and

    (3) The application for registration or amended registration now 

proposes that the terms and conditions of registration which served as 

the basis for the earlier determination now be eliminated or be modified 

in a way which might increase the risk which was the subject of the 

Notice of Special Review.

    (c) An application to which paragraph (a) or (b) of this section 

applies may not be approved until:

    (1) The Administrator issues a notice for publication in the Federal 

Register which describes why the application is subject to the 

provisions of this section, states that the Administrator proposes to 

approve the application and his reasons, solicits public comment on 

whether the application should be approved, and provides a period not 

less than 30 days for comments to be submitted; and

    (2) If any substantive comments are submitted in response to the 

notice, the Administrator issues a second notice for publication in the 

Federal Register responding to the comments.