Page:United States Statutes at Large Volume 102 Part 3.djvu/705

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2657

paragraph (2) and any information, commitment, or offer deacnbed in paragraph (3).

    • (2) NonCB OF INTENT TO SEEK OS NOT TO SEEK REREG&STRA•noN.—

"(A) The registrant of a pesticide containing an active Mail. ingredient listed ujuter subparagraph (B), (C), or (D) of subsection (c)(2) shall notify the Administrator by certified mail whether the r^istrant intends to seek or does not intend to seek reregistration of the pesticide. "(B) If a r^istrant submits a notice under subparagraph Federal (A) of an intention not to seek reregistration of a pesticide, ^^^f^f:, publication. the Administrator shall publish a notice in the Federal Roister stating that such a notice has been submitted. "(3) BfissiNG O INADEQUATE DATA.—E^h registrant of a pesR ticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (cK2) and for which the registrant submitted a notice under paragraph (2) of an intention to seek reregistration of such pesticide shall submit to the Administrator— "(A) in accordance with r^ulations issued by the Administrator under section 3, an identification o f ^ "(i) all date that are required by r^ulation to support the r^istration of the pesticide with respect to such active ingredient^ "(ii) data that were submitted by the registrant previously in support of the registration of the pesticide that are inadequate to meet such r^ulatiomt; and "(iii) date identified under clause (i) that have not been submitted to the Administrator; and "(B) either— "(i) a commitment to replace the data identified under subparagraph (A)(ii) and submit the data identified under subparagraph (A)(iii) within the applicsdble time period prescribed by paragraph (4KB); or "(ii) an offer to share in the cost to be incurred by a person who has made a commitment under clause (i) to replace or submit the date and an offer to submit to aibitration as described by section 3(c)(2)(B) with r^ard to such cost sharing. For purposes of a submission by a r^istrant under subparagraph (A)(ii), data are inadequate if the data are derived from a study with respect to which the registrant is unable to make the certification prescribed by subsection (e)(l)(G) that the r^istrant possesses or has access to the raw data used in or generated by such study. For purposes of a submission by a registrant under such subparagraph, data shall be considered to be inadequate if the date are derived from a study submitted before January 1, 1970, unless it is demonstrated to the satisfaction of the Administrator that such data should be considered to support the registration of the pesticide that is to be rer^isteied. "(4) TniE PERIODS.— "(A) A submission under paragraph (2) or (3) shall be made— "(i) in the case of a pesticide containing an active ingredient listed under subsection (CK2XBT, not later