[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: 40CFR174.9]



[Page 272-273]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 174_PROCEDURES AND REQUIREMENTS FOR PLANT-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



[[Page 273]]



suspend any applicable review of such submissions until the required 

substantiation is provided.