Section 174.93 - Requesting EPA confirmationTo 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.