Section 725.428 - Requirements for the Tier II exemptionThe manufacturer or importer of a new microorganism for commercial purposes may submit to EPA a Tier II exemption request in lieu of a MCAN under subpart D of this part if all of the following conditions are met:
(a) The recipient microorganism is listed in and meets any requirements specified in § 725.420 .(b) The introduced genetic material meets the criteria under § 725.421 .(c) Adequate physical containment and control technologies are used. The criteria listed under § 725.422 for physical containment and control technologies of facilities should be used as guidance to satisfy the Tier II exemption request data requirements listed at § 725.455(d) . EPA will review proposed process and containment procedures as part of the submission for a Tier II exemption under this section.