[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: 40CFR158.35]



[Page 83-84]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 158_DATA REQUIREMENTS FOR REGISTRATION--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  158.35  Flexibility of the data requirements.



    Several provisions of this part provide EPA flexibility in requiring 

(or not requiring) data and information for the purposes specified in 

Sec.  158.20(b). These provisions are summarized in this section and 

discussed elsewhere in this part.

    (a) The Agency encourages each applicant, particularly a person 

applying for registration for the first time, to consult with the 

Product Manager for his product to resolve questions relating to the 

protocols or the data requirements before undertaking extensive testing 

under Sec.  158.40.

    (b) Any applicant who believes that a data requirement is 

inapplicable to a specific pesticide product may request a waiver of a 

data requirement under Sec.  158.45.

    (c) The Agency may require an applicant to provide additional data 

or information beyond that specified in subparts C and D of this part 

when these data are not sufficient to permit EPA to evaluate the 

applicant's product under Sec.  158.75.

    (d) Several policies are in effect that govern the data requirements 

for registration of products having minor uses. These policies reduce 

substantially the data requirements that need to be met on the basis of 

limited exposures and economic equity, and allow case-by-case decision 

making to determine the specific needs for each kind of use under Sec.  

158.60.

    (e) The data requirements and guidelines are not static documents. 

Section 3(c)(2) of FIFRA states that the administrator ``shall revise 

such guidelines



[[Page 84]]



from time to time.'' Therefore, the data requirements and guidelines 

will be revised periodically to reflect new scientific knowledge, new 

trends in pesticide development, and new Agency policies under Sec.  

158.80.



[49 FR 42881, Oct. 24, 1984, as amended at 53 FR 15999, May 4, 1988]