§174.93 Requesting EPA confirmation.

To request EPA confirmation of eligibility for exemption of a plant-incorporated protectant listed under §174.21(d), a developer must comply with all of the following requirements.

(a) When to submit a request for EPA confirmation. Unless the developer has received confirmation of receipt of a letter of self-determination, the request for EPA confirmation must be submitted prior to engaging in any activity that would be subject to FIFRA absent an exemption.

(b) Contents of a request for EPA confirmation of exemption eligibility. The request must contain information as specified in §174.91(b) and supporting documentation, as specified in exemption-specific sections of this subpart ( e.g., §174.95).

(c) EPA review and response. Upon receipt of a request, EPA will review and evaluate the information provided to determine whether the plant-incorporated protectant meets the exemption criteria in §174.21. EPA may require additional information to assess whether a plant-incorporated protectant meets the criteria for exemption. EPA will notify the submitter in writing of its determination. If EPA determines that the plant-incorporated protectant does not meet the criteria for exemption, EPA will notify the submitter in writing of any actions that will be required.

(d) Effective date of exemption. If the plant-incorporated protectant is not already exempt pursuant to the self-determination process under §174.91, this exemption applies once EPA notifies the submitter in writing, confirming that the plant-incorporated protectant meets the criteria for exemption.

[88 FR 34777, May 31, 2023]