Common use of Adoption Clause in Contracts

Adoption. (1) Where EPA con- cludes that the requested modification of a test standard or schedule for a test required under a test rule is appro- priate, EPA will proceed in accordance with this paragraph (b). (2) Where, in EPA’s judgment, the re- quested modification of the test stand- ard or schedule would not alter the scope of the test or significantly change the schedule for completing the test, EPA will not ask for public com- ment before approving the modifica- tion. EPA will notify the test sponsor by letter of EPA’s approval. EPA will place copies of each application and EPA approval letter in the rulemaking record for the test rule in question. EPA will publish a notice annually in the FEDERAL REGISTER indicating the test standards or schedules for tests re- quired in test rules which have been modified under this paragraph (b)(2) and describing the nature of the modi- fications. Until the FEDERAL REGISTER notice is published, any modification approved by EPA under this paragraph (b)(2) shall apply only to the test spon- sor who applied for the modification under this paragraph (a) of this sec- tion. (3) Where, in EPA’s judgment, the re- quested modification of a test standard or schedule would significantly alter the scope of the test or significantly change the schedule for completing the test, EPA will publish a notice in the FEDERAL REGISTER requesting com- ment on the proposed modification. However, EPA will approve a requested modification of a test standard under paragraph (b)(3) of this section without first seeking public comment if EPA believes that an immediate modifica- tion to the test standard is necessary to preserve the accuracy or validity of an ongoing test. EPA may also modify a testing requirement or test condition in a test standard if EPA determines that the completion or achievement of this requirement or condition is not technically feasible. EPA may approve a test schedule extension under para- graph (b)(3) of this section without first seeking public comment if EPA determines, on a case-by-case basis, that a delay of over 12 months is not the fault of the test sponsor and is the result of unforeseen circumstances such as a lack of laboratory avail- ability, lack of availability of suitable test substance (e.g., 14–C labelled test substance), lack of availability of healthy test organisms, or the unex- pected failure of a long-term test. EPA will publish an annual notice in the FEDERAL REGISTER announcing the ap- proval of any test standard modifica- tions and test schedule extensions under paragraph (b)(3) of this section and provide a brief rationale of why the modification was granted. (4) For purposes of this paragraph (b), a requested modification of a test standard or schedule for a test required under a test rule would alter the scope of the test or significantly change the schedule for completing the test if the modification would: (i) Change the test species. (ii) Change the route of administra- tion of the test chemical. (iii) Change the period of time during which the test species is exposed to the test chemical. (iv) Except as provided in paragraph (b)(3) of this section, extend the final reporting deadline more than 12 months from the date specified in the final rule.