Page:United States Statutes at Large Volume 110 Part 2.djvu/705

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PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1497 (4) by adding at the end the following: "(E) MINOR USE WAIVER. —In handling the registration of a pesticide for a minor use, the Administrator may waive otherwise applicable data requirements if the Administrator determines that the absence of such data will not prevent the Administrator from determining— "(i) the incremental risk presented by the minor use of the pesticide; and "(ii) that such risk, if any, would not be an unreasonable adverse effect on the environment.". (e) EXPEDITING MINOR USE REGISTRATIONS.— Section 3(c)(3) (7 U.S.C. 136a(c)(3)) is amended— (1) by inserting after "(A)" the following: "IN GENERAL.— "; (2) by inserting after "(B)" the following: "IDENTICAL OR SUBSTANTIALLY SIMILAR.— "; and (3) by adding at the end the following: "(C) MINOR USE REGISTRATION. — "(i) The Administrator shall, as expeditiously as Review, possible, review and act on any complete application— "(I) that proposes the initial registration of a new pesticide active ingredient if the active ingredient is proposed to be registered solely for minor uses, or proposes a registration amendment solely for minor uses to an existing registration; or "(II) for a registration or a registration amend-' ment that proposes significant minor uses, "(ii) For the purposes of clause (i)— "(I) the term 'as expeditiously as possible' means that the Administrator shall, to the greatest extent practicable, complete a review and evaluation of all data, submitted with a complete application, within 12 months after the submission of the complete application, and the failure of the Administrator to complete such a review and evaluation under clause (i) shall not be subject to judicial review; and "(II) the term 'significant minor uses' means 3 or more minor uses proposed for every nonminor use, a minor use that would, in the judgment of the Administrator, serve as a replacement for any use which has been canceled in the 5 years preceding the receipt of the application, or a minor use that in the opinion of the Administrator would avoid the reissuance of an emergency exemption under section 18 for that minor use. "(D) ADEQUATE TIME FOR SUBMISSION OF MINOR USE DATA. — If a registrant makes a request for a minor use waiver, regarding data required by the Administrator, pursuant to paragraph (2)(E), and if the Administrator denies in whole or in part such data waiver request, the registrant shall have a full-time period for providing such data. For purposes of this subparagraph, the term 'fulltime period' means the time period originally established by the Administrator for submission of such data, beginning 29-194O-96 -23:QL3Part2