openregs: cfr_sections: 192 rows where part_number = 174 sorted by section

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section_id ▼	title_number	title_name	chapter	subchapter	part_number	part_name	subpart	subpart_name	section_heading	agency	amendment_citations	full_text
21:21:3.0.1.1.5.0.1.1	21	Food and Drugs	I	B	174	PART 174—INDIRECT FOOD ADDITIVES: GENERAL			§ 174.5 General provisions applicable to indirect food additives.	FDA	[42 FR 14534, Mar. 15, 1977, as amended at 67 FR 35731, May 21, 2002]	(a) Regulations prescribing conditions under which food additive substances may be safely used predicate usage under conditions of good manufacturing practice. For the purpose of this part and parts 175, 176, and 177 of this chapter, good manufacturing practice shall be defined to include the following restrictions: (1) The quantity of any food additive substance that may be added to food as a result of use in articles that contact food shall not exceed, where no limits are specified, that which results from use of the substance in an amount not more than reasonably required to accomplish the intended physical or technical effect in the food-contact article; shall not exceed any prescribed limitations; and shall not be intended to accomplish any physical or technical effect in the food itself, except as such may be permitted by regulations in parts 170 through 189 of this chapter. (2) Any substance used as a component of articles that contact food shall be of a purity suitable for its intended use. (b) The existence in the subchapter B of a regulation prescribing safe conditions for the use of a substance as an article or component of articles that contact food shall not be construed to relieve such use of the substance or article from compliance with any other provision of the Federal Food, Drug, and Cosmetic Act. For example, if a regulated food-packaging material were found on appropriate test to impart odor or taste to a specific food product such as to render it unfit within the meaning of section 402(a)(3) of the Act, the regulation would not be construed to relieve such use from compliance with section 402(a)(3). (c) The existence in this subchapter B of a regulation prescribing safe conditions for the use of a substance as an article or component of articles that contact food shall not be construed as implying that such substance may be safely used as a direct additive in food. (d) Substances that under conditions of good manufacturing practice may be safely used as components of articles that contac…
21:21:3.0.1.1.5.0.1.2	21	Food and Drugs	I	B	174	PART 174—INDIRECT FOOD ADDITIVES: GENERAL			§ 174.6 Threshold of regulation for substances used in food-contact articles.	FDA	[60 FR 36596, July 17, 1995]	Substances used in food-contact articles (e.g., food-packaging or food-processing equipment) that migrate, or that may be expected to migrate, into food at negligible levels may be reviewed under § 170.39 of this chapter. The Food and Drug Administration will exempt substances whose uses it determines meet the criteria in § 170.39 of this chapter from regulation as food additives and, therefore, a food additive petition will not be required for the exempted use.
33:33:2.0.1.8.38.1.228.1	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	A	Subpart A—General	§ 174.1 Applicability; preemptive effect.	USCG	[USCG-2003-14963, 77 FR 18701, Mar. 28, 2012]	This part establishes a standard numbering system for vessels and a uniform vessel casualty reporting system for vessels by prescribing requirements applicable to the States for the approval of State numbering systems. The regulations in subparts A, B, and D of this part have preemptive effect over conflicting State or local regulation. The regulations in subpart C of this part have preemptive effect over State or local regulation within the same field, except to the extent that Congress requires the Coast Guard to allow State casualty reporting systems pursuant to 46 U.S.C. chapter 131.
33:33:2.0.1.8.38.1.228.2	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	A	Subpart A—General	§ 174.3 Definitions.	USCG	[USCG-2003-14963, 77 FR 18701, Mar. 28, 2012]	As used in this part— Airboat means a vessel that is typically flat-bottomed and propelled by an aircraft-type propeller powered by an engine. Auxiliary sail means a vessel with sail as its primary method of propulsion and mechanical propulsion as its secondary method. Cabin motorboat means a vessel propelled by propulsion machinery and providing enclosed spaces inside its structure. Certificate of number means the certificate required by 33 CFR 173.21. Charter fishing means a vessel carrying a passenger(s) for hire who is (are) engaged in recreational fishing. Commercial fishing means a vessel that commercially engages in the catching, taking, or harvesting of fish which, either in whole or in part, is intended to enter commerce through sale, barter, or trade. Houseboat means a motorized vessel that is usually non-planing and designed primarily for multi-purpose accommodation spaces with low freeboard and little or no foredeck or cockpit. Hull identification number or HIN means a number required by 33 CFR 181.23. Inboard, in the context of an engine, means an engine mounted inside the confines of a vessel which powers a drive shaft that turns a water jet impeller or that runs through the bottom of the hull and is attached to a propeller at the other end. Inflatable boat means a vessel that uses air-filled flexible fabric for buoyancy. Open motorboat means a vessel equipped with propulsion machinery and having an open load carrying area that does not have a continuous deck to protect it from the entry of water. Operate means use, navigate, or employ. Operator means the person who is in control or in charge of a vessel while it is in operation. Outboard, in the context of an engine, means an engine with propeller or water jet integrally attached, which is usually mounted at the stern of a vessel. Owner means a person, other than a secured party, having property rights in or title to a vessel, including persons entitled to use or possess a vessel subject to a security interest in ano…
33:33:2.0.1.8.38.1.228.3	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	A	Subpart A—General	§ 174.5 Requirements for approval.	USCG	[CGD 97-023, 62 FR 33365, June 19, 1997, as amended by USCG-1998-3799, 63 FR 35533, June 30, 1998; USCG-2003-15404, 68 FR 37742, June 25, 2003]	The Commandant approves a State numbering system if he or she finds, after examination of the information submitted by a State, that the State numbering system and vessel casualty reporting system meet the requirements of this part, 46 U.S.C. 6102, and 46 U.S.C. Chapter 123.
33:33:2.0.1.8.38.1.228.4	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	A	Subpart A—General	§ 174.7 Approval procedure.	USCG	[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 82-010, 48 FR 8273, Feb. 28, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; USCG-2008-0179, 73 FR 35024, June 19, 2008; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2014-0410, 79 FR 38448, July 7, 2014]	To obtain approval by the Commandant of a numbering system or of any revision to a numbering system, an authorized representative of the State must submit three copies of the State laws, regulations, forms, and policy statements, if any, that pertain to the numbering system or revision to Commandant (CG-BSX), Attn: Office of Auxiliary and Boating Safety, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
33:33:2.0.1.8.38.2.228.1	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.11 Applicability of State numbering system.	USCG		(a) Except as allowed in paragraph (c) of this section, a State numbering system must require the numbering of vessels to which § 173.11 of this chapter applies. (b) A State numbering system may require the numbering of any vessel subject to the jurisdiction of the State unless prohibited by the regulations in part 173 of this chapter. (c) A State numbering system may exempt from its numbering requirements any vessel or class of vessels to which § 173.13 of this chapter applies.
33:33:2.0.1.8.38.2.228.10	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.25 Size of certificate of number.	USCG	[89 FR 47963, June 4, 2024]	Each certificate of number must be in hard copy or digital form. Any certificate issued in hard copy under this section must be pocketsized.
33:33:2.0.1.8.38.2.228.11	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.27 Duration of certificate of number.	USCG		A certificate of number must not be valid for more than 3 years.
33:33:2.0.1.8.38.2.228.12	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.29 Temporary certificate of number.	USCG		A State may issue a temporary certificate of number that is effective for not more than 60 days.
33:33:2.0.1.8.38.2.228.13	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.31 Terms imposed by States for numbering of vessels.	USCG	[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by USCG-2003-15708, 70 FR 13105, Mar. 18, 2005; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023]	A State numbering system may condition the issuance of a certificate of number on— (a) Title to, or other proof of ownership of a vessel except a recreational-type public vessel of the United States; or (b) Proof of liability insurance for a vessel except a recreational-type public vessel of the United States; or (c) Proof of payment of State or local taxes, except for a recreational-type public vessel of the United States.
33:33:2.0.1.8.38.2.228.2	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.13 Owner or operator requirements.	USCG	[CGD 77-117, 44 FR 42195, July 19, 1979]	A State numbering system must contain the requirements applicable to an owner or a person operating a vessel that are prescribed in the following sections of part 173: (a) Paragraph (a) of § 173.15 Vessel number required. (b) Section 173.19 Other numbers prohibited. (c) Paragraph (a) of § 173.21 Certificate of number required. (d) Section 173.23 Inspection of certificate. (e) Section 173.25 Location of certificate of number. (f) Section 173.29 Notification of issuing authority. (g) Section 173.71 Application for certificate of number. (h) Section 173.73 Duplicate certificate of number. (i) Section 173.77 Validity of certificate of number.
33:33:2.0.1.8.38.2.228.3	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.14 State numbering system optional sections.	USCG	[CGD 77-117, 44 FR 42195, July 19, 1979, as amended by USCG-1999-5832, 64 FR 34715, June 29, 1999]	In addition to the requirements in § 174.13, a State numbering system may contain any of the other requirements applicable to a vessel owner or operator prescribed in part 173.
33:33:2.0.1.8.38.2.228.4	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.15 Validation stickers.	USCG		(a) If a State issues validation stickers, its numbering system must contain the requirements that stickers must be displayed within 6 inches of the number and the stickers must meet the requirements in paragraphs (b) and (c) of this section. (b) Validation stickers must be approximately 3 inches square. (c) The year in which each validation sticker expires must be indicated by the colors, blue, international orange, green, and red, in rotation beginning with blue for stickers that expire in 1973.
33:33:2.0.1.8.38.2.228.5	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.16 Verification of hull identification numbers (HINs).	USCG	[USCG-2003-14963, 77 FR 18701, Mar. 28, 2012]	(a) As used in this section, “action” means an action by an issuing authority listed in 33 CFR part 173, appendix A, to issue, renew, or update the ownership information for a certificate of number under this part but does not include the issuance of a temporary certificate under 33 CFR 174.21. (b) As of January 1, 2017, before taking any action relating to a vessel imported or manufactured on or after November 1, 1972, the issuing authority must determine whether the vessel has a primary HIN meeting the requirements of 33 CFR part 181, subpart C. (c) If, pursuant to paragraph (b) of this section, the issuing authority determines that the vessel does not have a primary HIN meeting the requirements of 33 CFR part 181, subpart C, then before taking any action the issuing authority must— (1) Assign such a primary HIN to the vessel; and (2) Verify that the owner of the vessel has permanently affixed the assigned primary HIN to the vessel in compliance with 33 CFR part 181, subpart C.
33:33:2.0.1.8.38.2.228.6	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.17 Contents of application for certificate of number.	USCG	[USCG-2003-14963, 77 FR 18702, Mar. 28, 2012, as amended by USCG-2024-1103, 90 FR 52879, Nov. 24, 2025]	(a) An application for a certificate of number must contain the following information: (1) Name of owner. (2) Address of owner, including ZIP code. (3) Owner identifier, which must be the owner's tax identification number, date of birth together with driver's license number, or date of birth together with other unique number. (4) State of principal operation. (5) Number previously issued by an issuing authority. (6) Application type: Authorized terms are “new number”, “renewal of number”, or “transfer of ownership”. (7) Primary operation: Authorized terms are, “charter fishing”, “commercial fishing”, “commercial passenger carrying”, “dealer or manufacturer demonstration”, “other commercial operation”, “pleasure”, or “rent or lease”. (8) Make and model of vessel. (9) Model year. (10) Hull identification number, if any. (11) Overall length of vessel. (12) Vessel type: Authorized terms are “air boat”, “auxiliary sail”, “cabin motorboat”, “houseboat”, “inflatable boat”, “open motorboat”, “paddlecraft”, “personal watercraft”, “pontoon boat”, “rowboat”, “sail only”, or “other”. (13) Hull material: Authorized terms are “aluminum”, “fiberglass”, “plastic”, “rubber/vinyl/canvas”, “steel”, “wood”, or “other”. (14) Propulsion type: Authorized terms are “air thrust”, “manual”, “propeller”, “sail”, “water jet”, or “other”. (15) Engine drive type: Authorized terms are “inboard”, “outboard”, “pod drive”, “sterndrive”, or “other”. (16) Fuel: Authorized terms are “electric”, “diesel”, “gas”, or “other”. (17) Signature of the owner. (b)(1) An application made by a manufacturer or dealer for a number that is to be temporarily affixed to a vessel for demonstration or test purposes may omit the information under paragraphs (a)(9) through (a)(17) of this section. (2) An application made by an owner of a vessel without propulsion machinery may omit the information under paragraphs (a)(16) and (a)(17) of this section.
33:33:2.0.1.8.38.2.228.7	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.19 Contents of a certificate of number.	USCG	[USCG-2003-14963, 77 FR 18702, Mar. 28, 2012, as amended by USCG-2024-1103, 90 FR 52879, Nov. 24, 2025]	(a) Except as allowed in paragraph (b) of this section, each certificate of number must contain the following information: (1) Number issued to the vessel. (2) Expiration date of the certificate. (3) State of principal operation. (4) Name of owner. (5) Address of owner, including ZIP code. (6) Primary operation: Authorized terms are, “charter fishing”, “commercial fishing”, “commercial passenger carrying”, “dealer or manufacturer demonstration”, “other commercial operation”, “pleasure”, or “rent or lease”. (7) Hull identification number, if any. (8) Make and model of vessel. (9) Model year. (10) Overall length of vessel. (11) Vessel type: Authorized terms are “air boat”, “auxiliary sail”, “cabin motorboat”, “houseboat”, “inflatable boat”, “open motorboat”, “paddlecraft”, “personal watercraft”, “pontoon boat”, “rowboat”, “sail only”, or “other”. (12) Hull material: Authorized terms are “aluminum”, “fiberglass”, “plastic”, “rubber/vinyl/canvas”, “steel”, “wood”, or “other”. (13) Propulsion type: Authorized terms are “air thrust”, “manual”, “propeller”, “sail”, “water jet”, or “other”. (14) Engine drive type: Authorized terms are “inboard”, “outboard”, “pod drive”, “sterndrive”, or “other”. (15) Fuel: Authorized terms are “electric”, “diesel”, “gas”, or “other”. (b)(1) A certificate of number issued to a manufacturer or dealer for use on a vessel for test or demonstration purposes may omit the information under paragraphs (a)(7) through (a)(15) of this section if the word “manufacturer” or “dealer” is plainly marked on the certificate. (2) A certificate of number issued for a vessel without propulsion machinery may omit paragraphs (a)(14) and (a)(15) of this section if the words “manual vessel” are plainly marked on the certificate. (3) An issuing authority may print on the certificate of number a quotation of State boating regulations or other boating-related information, such as safety reminders, registration, or law enforcement contact information.
33:33:2.0.1.8.38.2.228.8	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.21 Temporary certificates.	USCG	[USCG-2003-14963, 77 FR 18702, Mar. 28, 2012]	(a) An issuing authority may issue a temporary certificate of number, valid for no more than 60 days from its date of issuance. (b) Each temporary certificate must contain the following information: (1) Vessel's hull identification number, if any. (2) Make of vessel. (3) Overall length of vessel. (4) Type of propulsion. (5) State in which vessel is principally operated. (6) Name of owner. (7) Address of owner, including ZIP code. (8) Signature of owner. (9) Date of issuance. (10) Notice to the owner that the temporary certificate is valid for the time it specifies, not to exceed 60 days from the date of issuance. (c) For an issuing authority listed in 33 CFR part 173, appendix A on April 27, 2012, the requirements of paragraph (b) of this section apply on January 1, 2017. Between April 27, 2012 and January 1, 2017, the issuing authority may continue to issue temporary certificates containing the contents in effect on April 27, 2012.
33:33:2.0.1.8.38.2.228.9	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	B	Subpart B—Numbering System Requirements	§ 174.23 Form of number.	USCG		(a) Each number must consist of two capital letters denoting the State of the issuing authority, as specified in appendix A of part 173 of this chapter, followed by— (1) Not more than four numerals followed by not more than two capital letters (example: NH 1234 BD); or (2) Not more than three numerals followed by not more than three capital letters (example: WN 567 EFG). (b) A number suffix must not include the letters “I”, “O”, or “Q,” which may be mistaken for numerals.
33:33:2.0.1.8.38.3.228.1	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	C	Subpart C—Casualty Reporting System Requirements	§ 174.101 Applicability of State casualty reporting system.	USCG	[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 5309, Mar. 25, 1979; CGD 82-015, 54 FR 5610, Feb. 6, 1989]	(a) A State casualty reporting system must require the reporting of vessel casualties and accidents involving vessels to which § 173.51 of this chapter applies. (b) The State casualty reporting system may also require vessel casualty or accident reports for property damage in amounts less than that required under § 173.55 of this chapter.
33:33:2.0.1.8.38.3.228.2	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	C	Subpart C—Casualty Reporting System Requirements	§ 174.103 Administration.	USCG	[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 5309, Mar. 25, 1979]	The State casualty reporting system must be administered by a State agency that— (a) Will provide for the reporting of all casualties and accidents prescribed in § 173.55 of this chapter; (b) Receives reports of vessel casualties or accidents required in § 174.101; (c) Reviews each accident and casualty report to assure the accuracy and completeness of each report; (d) Determines the cause of casualties and accidents reported based on information available and indicates the apparent cause on the casualty report or on an attached page; (e) Notifies the Coast Guard, in writing, when a problem area in boating safety peculiar to the State is determined, together, with corrective measures instituted or recommended; and (f) Reports on vessel numbering and vessel casualties and accidents as required in subpart D of this part.
33:33:2.0.1.8.38.3.228.3	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	C	Subpart C—Casualty Reporting System Requirements	§ 174.105 Owner or operator casualty reporting requirements.	USCG	[CGD 77-117, 44 FR 42195, July 19, 1979]	A State casualty reporting system must contain the following requirements of part 173 applicable to an owner or a person operating a vessel: (a) Section 173.55 Report of casualty or accident. (b) Section 173.57 Casualty or accident report. (c) Section 173.59 Where to report.
33:33:2.0.1.8.38.3.228.4	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	C	Subpart C—Casualty Reporting System Requirements	§ 174.106 State casualty reporting system optional sections.	USCG	[CGD 77-117, 44 FR 42195, July 19, 1979, as amended by USCG-1999-5832, 64 FR 34715, June 29, 1999]	In addition to the requirements in § 174.105, a State casualty reporting system may contain any of the other requirements applicable to a vessel owner or operator prescribed in Part 173.
33:33:2.0.1.8.38.3.228.5	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	C	Subpart C—Casualty Reporting System Requirements	§ 174.107 Contents of casualty or accident report form.	USCG		Each form for reporting a vessel casualty or accident must contain the information required in § 173.57 of this chapter.
33:33:2.0.1.8.38.4.228.1	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	D	Subpart D—State Reports	§ 174.121 Forwarding of casualty or accident reports.	USCG	[USCG-2003-14963, 77 FR 18702, Mar. 28, 2012, as amended by USCG-2014-0410, 79 FR 38448, July 7, 2014]	Within 30 days of the receipt of a casualty or accident report, the reporting authority receiving the report must forward a paper or electronic copy of that report to the Commandant (CG-BSX-2), Attn: Boating Safety Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
33:33:2.0.1.8.38.4.228.2	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	D	Subpart D—State Reports	§ 174.123 Annual report of vessels.	USCG	[USCG-2016-0498, 82 FR 35089, July 28, 2017]	Before March 1 of each year, each State that has an approved numbering system must prepare and submit Coast Guard Form CGHQ-3923 to the Coast Guard.
33:33:2.0.1.8.38.4.228.3	33	Navigation and Navigable Waters	I	S	174	PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS	D	Subpart D—State Reports	§ 174.125 Coast Guard address.	USCG	[USCG-2003-14963, 77 FR 18703, Mar. 28, 2012, as amended by USCG-2014-0410, 79 FR 38448, July 7, 2014]	The report required by § 174.123 of this subpart must be sent to the Commandant (CG-BSX-2), Attn: Boating Safety Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
40:40:26.0.1.1.23.1.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	A	Subpart A—General Provisions	§ 174.1 Scope and purpose.	EPA		The characteristics of plant-incorporated protectants such as their production and use in plants, their biological properties, and their ability to spread and increase in quantity in the environment distinguish them from traditional chemical pesticides. Therefore, plant-incorporated protectants are subject to some different regulatory requirements and procedures than traditional chemical pesticides. This part sets forth regulatory requirements, criteria, and procedures applicable to plant-incorporated protectants under FIFRA and FFDCA. When applied to plant-incorporated protectants, the definitions and regulations in this part supersede the regulations found in parts 150 through 180 of this chapter to the extent that the regulations conflict. Unless otherwise superseded by this part, the regulations in parts 150 through 180 of this chapter apply to plant-incorporated protectants.
40:40:26.0.1.1.23.1.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	A	Subpart A—General Provisions	§ 174.3 Definitions.	EPA	[66 FR 37814, July 19, 2001, as amended at 88 FR 34776, May 31, 2023]	Terms used in this part have the same meaning as in FIFRA. In addition, the following terms have the meaning set forth in this section. Active ingredient means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance. Administrator means the Administrator of the United States Environmental Protection Agency or his/her delegate. Bridging crosses between plants means the utilization of an intermediate plant in a cross to produce a viable zygote between the intermediate plant and a first plant, in order to cross the plant resulting from that zygote with a third plant that would not otherwise be able to produce viable zygotes from the fusion of its gametes with those of the first plant. The result of the bridging cross is the mixing of genetic material of the first and third plant through the formation of an intermediate zygote. Cell fusion means the fusion in vitro of two or more cells or protoplasts. Conventional breeding of plants means the creation of progeny through either: The union of gametes, i.e. , syngamy, brought together through processes such as pollination, including bridging crosses between plants and wide crosses, or vegetative reproduction. It does not include use of any of the following technologies: Recombinant DNA; other techniques wherein the genetic material is extracted from an organism and introduced into the genome of the recipient plant through, for example, micro-injection, macro-injection, micro-encapsulation; or cell fusion. EPA means the United States Environmental Protection Agency. Exudate means a substance gradually discharged or secreted across intact cellular membranes or cell walls and present in the intercellular spaces or on the exterior surfaces of the plant. FFDCA means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq. ). FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S…
40:40:26.0.1.1.23.1.19.3	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	A	Subpart A—General Provisions	§ 174.9 Confidential business information claims for plant-incorporated protectant submissions.	EPA		Although it is strongly recommended that the submitter minimize the amount of data and other information claimed as Confidential Business Information (CBI), a submitter may assert a claim of confidentiality for all or part of the information submitted to EPA in a submission for a plant-incorporated protectant. (See part 2, subpart B of this chapter.) To assert such a claim, the submitter must comply with all of the following procedures: (a) Any claim of confidentiality must accompany the information at the time the information is submitted to EPA. Failure to assert a claim at that time constitutes a waiver of confidentiality for the information submitted, and the information may be made available to the public, subject to section 10(g) of FIFRA, with no further notice to the submitter. (b) Any claim of confidentiality must be accompanied, at the time the claim is made, by comments substantiating the claim and explaining why the submitter believes that the information should not be disclosed. The submitter must address each of the points listed in § 2.204(e)(4) of this chapter in the substantiation. EPA will consider incomplete all plant-incorporated protectant submissions containing information claimed as CBI that are not accompanied by substantiation, and will suspend any applicable review of such submissions until the required substantiation is provided.
40:40:26.0.1.1.23.15.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.500 Scope and purpose.	EPA	[72 FR 20434, Apr. 25, 2007]	This subpart lists the tolerances and exemptions from the requirement of a tolerance for residues of plant-incorporated protectants in or on food commodities.
40:40:26.0.1.1.23.15.19.10	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.510	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Bacillus thuringiensis Cry1Ac protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities.
40:40:26.0.1.1.23.15.19.11	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.511	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Bacillus thuringiensis Cry1Ab protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities.
40:40:26.0.1.1.23.15.19.12	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.512 Coat Protein of Potato Virus Y; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Coat Protein of Potato Virus Y are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.
40:40:26.0.1.1.23.15.19.13	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.513 Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene); exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	An exemption from the requirement of a tolerance is established for residues of the plant-incorporated protectant Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene) in or on all food commodities.
40:40:26.0.1.1.23.15.19.14	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.514 Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus; exemption from the requirement for a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.
40:40:26.0.1.1.23.15.19.15	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.515 Coat Protein of Papaya Ringspot Virus; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Coat Protein of Papaya Ringspot Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.
40:40:26.0.1.1.23.15.19.16	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.516 Coat protein of cucumber mosaic virus; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Coat Protein of Cucumber Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.
40:40:26.0.1.1.23.15.19.17	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.517	EPA	[72 FR 20435, Apr. 25, 2007]	The plant-incorporated protectant Bacillus thuringiensis Cry9C protein in corn is exempted from the requirement of a tolerance for residues, only in corn used for feed; as well as in meat, poultry, milk, or eggs resulting from animals fed such feed.
40:40:26.0.1.1.23.15.19.18	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.518	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Bacillus thuringiensis Cry3Bb1 protein in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.
40:40:26.0.1.1.23.15.19.19	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.519	EPA	[80 FR 25604, May 5, 2015]	(a) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on corn or cotton are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of corn; corn, field; corn, sweet; corn, pop; and cotton seed, cotton oil, cotton meal, cotton hay, cotton hulls, cotton forage, and cotton gin byproducts. (b) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean.
40:40:26.0.1.1.23.15.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.501	EPA	[73 FR 45624, Aug. 6, 2008]	Residues of Bacillus thuringiensis Vip3Aa proteins in or on corn or cotton are exempt from the requirement of a tolerance when used as plant-incorporated protectants in or on the food and feed commodities of corn; corn, field; corn, sweet; corn, pop; and cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts.
40:40:26.0.1.1.23.15.19.20	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.521 Neomycin phosphotransferase II; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the neomycin phosphotransferase II (NPTII) enzyme are exempted from the requirement of a tolerance in all food commodities when used as a plant-incorporated protectant inert ingredient.
40:40:26.0.1.1.23.15.19.21	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.522 Phosphinothricin Acetyltransferase (PAT); exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the Phosphinothricin Acetyltransferase (PAT) enzyme are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.
40:40:26.0.1.1.23.15.19.22	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.523 CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase in all plants; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.
40:40:26.0.1.1.23.15.19.23	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.524 Glyphosate Oxidoreductase GOX or GOXv247 in all plants; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the Glyphosate Oxidoreductase GOX or GOXv247 enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.
40:40:26.0.1.1.23.15.19.24	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.525 E. coli B-D-glucuronidase enzyme as a plant-incorporated protectant inert ingredient; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of E. coli B-D-glucuronidase enzyme are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in all food commodities.
40:40:26.0.1.1.23.15.19.25	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.526 Hygromycin B phosphotransferase (APH4) marker protein in all plants; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the Hygromycin B phosphotransferase (APH4) enzyme in all plants are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in cotton.
40:40:26.0.1.1.23.15.19.26	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.527 Phosphomannose isomerase in all plants; exemption from the requirement of a tolerance.	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of the phosphomannose isomerase (PMI) enzyme in plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.
40:40:26.0.1.1.23.15.19.27	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.529	EPA	[73 FR 40764, July 16, 2008]	Residues of Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts.
40:40:26.0.1.1.23.15.19.28	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.530	EPA	[77 FR 6475, Feb. 8, 2012]	Residues of Bacillus thuringiensis Cry2Ae protein in or on the food and feed commodities of cotton; cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, refined oil, are exempt from the requirement of a tolerance when Bacillus thuringiensis Cry2Ae protein is used as a plant-incorporated protectant in cotton.
40:40:26.0.1.1.23.15.19.29	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.531 Coat protein of plum pox virus; exemption from the requirement of a tolerance.	EPA	[75 FR 29435, May 26, 2010]	Residues of the coat protein of plum pox virus in or on the food commodities of fruit, stone, Group 12; and almond, are exempt from the requirement of a tolerance in these food commodities when expressed by the plant-incorporated protectant, coat protein gene of plum pox virus, and used in accordance with good agricultural practices.
40:40:26.0.1.1.23.15.19.3	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.502	EPA	[74 FR 39543, Aug. 7, 2009, as amended at 80 FR 25950, May 6, 2015]	(a) Residues of Bacillus thuringiensis Cry1A.105 protein in or on the food and feed commodities of corn; corn, field, flour; corn, field, forage; corn, field, grain; corn, field, grits; corn, field, meal; corn, field, refined oil; corn, field, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husk removed; corn, sweet, stover; and corn, pop, grain and corn, pop, stover are exempt from the requirement of a tolerance when the Bacillus thuringiensis Cry1A.105 protein is used as a plant-incorporated protectant in these food and feed corn commodities. (b) Residues of Bacillus thuringiensis Cry1A.105 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean.
40:40:26.0.1.1.23.15.19.30	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.532	EPA	[77 FR 47291, Aug. 8, 2012]	Residues of Bacillus thuringiensis eCry3.1Ab protein in corn, in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when Bacillus thuringiensis eCry3.1Ab protein in corn is used as a plant-incorporated protectant.
40:40:26.0.1.1.23.15.19.31	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.533	EPA	[78 FR 9321, Feb. 8, 2013]	Residues of Glycine max herbicide-resistant acetolactate synthase (GM-HRA) enzyme in or on the food and feed commodities of soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient.
40:40:26.0.1.1.23.15.19.32	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.534 VNT1 protein; exemption from the requirement of a tolerance.	EPA	[82 FR 11515, Feb. 24, 2017]	Residues of VNT1 protein in potato are exempt from the requirement of a tolerance when the Rpi-vnt1 gene that express the VNT1 protein is used as a plant-incorporated protectant in potato.
40:40:26.0.1.1.23.15.19.33	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.535 Spinach Defensin proteins; temporary exemption from the requirement of a tolerance.	EPA	[86 FR 51004, Sept. 14, 2021]	Residues of the defensin proteins SoD2, SoD2*, SoD7, and SoD8 derived from spinach ( Spinacia oleracea L.) in or on citrus food commodities are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in citrus plants in accordance with the terms of Experimental Use Permit No. 88232-EUP-1. This temporary exemption from the requirement of a tolerance expires on May 31, 2025.
40:40:26.0.1.1.23.15.19.34	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.536	EPA	[82 FR 18230, Apr. 18, 2017]	Residues of the protein mCry51Aa2 in or on the food and feed commodities of cotton: Cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, refined oil are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in cotton plants in accordance with the terms of Experimental Use Permit No. 524-EUP-108. This temporary exemption from the requirement of a tolerance expires on February 28, 2019.
40:40:26.0.1.1.23.15.19.35	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.537 HPPD-4 protein; exemption from the requirement of a tolerance.	EPA	[82 FR 57140, Dec. 4, 2017]	Residues of the HPPD-4 protein, which is a modified protein derived from the 4-hydroxyphenylpyruvate dioxygenase enzyme of Pseudomonas fluorescens, in or on all food commodities are exempt from the requirement of a tolerance, when the HPPD-4 protein is used as a plant-incorporated protectant inert ingredient.
40:40:26.0.1.1.23.15.19.36	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.539 Cry51Aa2.834__16 protein; exemption from the requirement of a tolerance.	EPA	[83 FR 3603, Jan. 26, 2018]	Residues of the Cry51Aa2.834__16 protein, which is a modified protein derived from the Cry51Aa2 protein of Bacillus thuringiensis, in or on cotton are exempt from the requirement of a tolerance, when the Cry51Aa2.834__16 protein is used as a plant-incorporated protectant.
40:40:26.0.1.1.23.15.19.37	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.540 Bacillus thuringiensis Cry14Ab-1 protein; exemption from the requirement of a tolerance.	EPA	[85 FR 35008, June 8, 2020]	Residues of Bacillus thuringiensis Cry14Ab-1 protein in or on soybean food and feed commodities are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in soybean.
40:40:26.0.1.1.23.15.19.38	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.541 Pesticidal substance of a plant-incorporated protectant created through genetic engineering from a sexually compatible plant; exemption from the requirement of a tolerance.	EPA	[88 FR 34779, May 31, 2023]	Residues of a pesticidal substance are exempt from the requirements of a tolerance if the conditions in paragraphs (a) through (c) of this section are met. (a) The pesticidal substance is characteristic of the population of plants sexually compatible with the recipient food plant and is created through genetic engineering from either an insertion of a native gene into the recipient food plant as specified in paragraph (a)(1) of this section or a modification of an existing native gene in the recipient food plant as specified in paragraph (a)(2) of this section. (1) Insertion. A native gene is inserted into the genome of the recipient food plant and produces a pesticidal substance identical in sequence to the pesticidal substance identified in the source plant. The regulatory regions inserted as part of the native gene must be identical in nucleic acid sequence to those regulatory regions of the native gene identified in the source plant. (2) Modification. The existing native gene is modified to match corresponding polymorphic sequence(s) in a native allele of that gene using a single source plant as a template. (b) The residues of the pesticidal substance are not present in food from the plant at levels that are injurious or deleterious to human health. (c) This exemption does not apply until the requirements in § 174.90 have been met.
40:40:26.0.1.1.23.15.19.39	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.542 Bacillus thuringiensis Cry1Ab/Cry2Aj protein in corn; exemption from the requirement of a tolerance.	EPA	[86 FR 3830, Jan. 15, 2021]	Residues of Bacillus thuringiensis Cry1Ab/Cry2Aj protein in or on the food or feed commodities of corn, field; corn, sweet; and corn, pop, are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.4	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.504	EPA	[79 FR 8295, Feb. 12, 2014]	Residues of Bacillus thuringiensis Cry1F protein in the food and feed commodities of corn, field; corn, sweet; corn, pop; cotton; and soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn, field; corn, sweet; corn, pop; cotton, and soybean.
40:40:26.0.1.1.23.15.19.40	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.543 G10evo-EPSPS protein in all plants; exemption from the requirement of a tolerance.	EPA	[86 FR 3830, Jan. 15, 2021]	Residues of G10evo-Enolpyruvylshikimate-3-phosphate synthase (G10evo-EPSPS) protein in or on all food or feed commodities, are exempt from the requirement of a tolerance when used as an inert ingredient in a plant-incorporated protectant.
40:40:26.0.1.1.23.15.19.41	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.544 Modified potato acetolactate synthase (StmALS) in potato; exemption from the requirement of a tolerance.	EPA	[88 FR 95188, Mar. 15, 2023]	Residues of modified potato acetolactate synthase (StmALS) in potato are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient.
40:40:26.0.1.1.23.15.19.42	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.545 BLB2 and AMR3 proteins in potato; temporary exemption from the requirement of a tolerance.	EPA	[89 FR 31651, Apr. 25, 2024]	Residues of BLB2 and AMR3 proteins in potato are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in potato in accordance with the terms of Experimental Use Permit No. 8917-EUP-3. This temporary exemption from the requirement of a tolerance expires on March 31, 2025.
40:40:26.0.1.1.23.15.19.43	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.546 Bacillus thuringensis Cry1B.868 and Cry1Da_7 proteins; exemption from the requirement of a tolerance.	EPA	[89 FR 43331, May 17, 2024]	Residues of Bacillus thuringensis Cry1B.868 and Cry1Da_7 proteins in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.44	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.547	EPA	[89 FR 64810, Aug. 8, 2024]	Residues of Ophioglossum pendulum IPD079Ea protein in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.45	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.548 Pseudomonas chlororaphis IPD072Aa protein; exemption from the requirement of a tolerance.	EPA	[89 FR 68785, Aug. 28, 2024]	Residues of Pseudomonas chlororaphis IPD072Aa in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.46	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.549	EPA	[89 FR 100749, Dec. 13, 2024]	Residues of Bacillus thuringiensis Cry1Da2 protein in or on the food and feed commodities of corn, including corn, field; corn, sweet; and corn, pop, are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.47	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.550 Streptomyces sviceus DGT-28 EPSPS (5-enolpyruvylshikimate-3-phosphate synthase) protein; exemption from the requirement of a tolerance.	EPA	[89 FR 100751, Dec. 13, 2024]	Residues of Streptomyces sviceus DGT-28 EPSPS (5-enolpyruvylshikimate-3-phosphate synthase) protein in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when used as an inert ingredient in a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.48	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.551	EPA	[89 FR 101941, Dec. 17, 2024]	Residues of Brevibacillus laterosporus Mpp75Aa1.1 protein in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.49	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.552	EPA	[89 FR 101941, Dec. 17, 2024]	Residues of Bacillus thuringiensis Vpb4Da2 protein in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.5	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.505	EPA	[72 FR 20434, Apr. 25, 2007]	Residues of Bacillus thuringiensis modified Cry3A protein (mCry3A) in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectant in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.
40:40:26.0.1.1.23.15.19.50	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.553	EPA	[90 FR 10599, Feb. 25, 2025]	Residues of Bacillus thuringiensis Cry1B.34 protein in or on the food and feed commodities of corn, field; corn, sweet; and corn, pop are exempt from the requirement when used as a plant-incorporated protectant in corn.
40:40:26.0.1.1.23.15.19.51	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.554	EPA	[90 FR 37800, Aug. 6, 2025]	Residues of Bacillus thuringiensis Cry1A.2 protein in or on the food and feed commodities of soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in soybean.
40:40:26.0.1.1.23.15.19.52	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.555	EPA	[90 FR 37800, Aug. 6, 2025]	Residues of Bacillus thuringiensis Cry1B.2 protein in or on the food and feed commodities of soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in soybean.
40:40:26.0.1.1.23.15.19.53	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.556 SpCas9 protein; exemption from the requirement of a tolerance.	EPA	[90 FR 58170, Dec. 16, 2025]	An exemption from the requirement of a tolerance for residues of SpCas9 protein in or on the food and feed commodities of Citrus when used as a Plant-Incorporated Protectant in accordance with label directions and good agricultural practices.
40:40:26.0.1.1.23.15.19.6	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.506	EPA	[72 FR 20434, Apr. 25, 2007]	Residues of Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn are exempted from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.
40:40:26.0.1.1.23.15.19.7	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.507 Nucleic acids that are part of a plant-incorporated protectant; exemption from the requirement of a tolerance.	EPA	[66 FR 37830, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007]	Residues of nucleic acids that are part of a plant-incorporated protectant are exempt from the requirement of a tolerance.
40:40:26.0.1.1.23.15.19.8	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.508 Pesticidal substance of a plant-incorporated protectant from a sexually compatible plant created through conventional breeding; exemption from the requirement of a tolerance.	EPA	[66 FR 37854, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007; 88 FR 34779, May 31, 2023]	Residues of a pesticidal substance are exempt from the requirement of a tolerance if all the following conditions are met: (a) The genetic material that encodes for the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient food plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant. (c) The genetic material is transferred from the source plant to the recipient plant only through conventional breeding. (d) The residues of the pesticidal substance are not present in food from the plant at levels that are injurious or deleterious to human health.
40:40:26.0.1.1.23.15.19.9	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	W	Subpart W—Tolerances and Tolerance Exemptions	§ 174.509	EPA	[72 FR 20435, Apr. 25, 2007]	Residues of Bacillus thuringiensis Cry3A protein are exempted from the requirement of a tolerance when used as a plant-incorporated protectant in potatoes.
40:40:26.0.1.1.23.16.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	X	Subpart X—List of Approved Inert Ingredients	§ 174.700 Scope and purpose.	EPA	[66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007]	This subpart lists the inert ingredients that have been exempted from FIFRA and FFDCA section 408 requirements and may be used in a plant-incorporated protectant listed in subpart B of this part.
40:40:26.0.1.1.23.16.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	X	Subpart X—List of Approved Inert Ingredients	§ 174.705 Inert ingredients from sexually compatible plant.	EPA	[66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007]	An inert ingredient, and residues of the inert ingredient, are exempt if all of the following conditions are met: (a) The genetic material that encodes the inert ingredient or leads to the production of the inert ingredient is derived from a plant sexually compatible with the recipient food plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant. (c) The residues of the inert ingredient are not present in food from the plant at levels that are injurious or deleterious to human health.
40:40:26.0.1.1.23.2.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	B	Subpart B—Exemptions	§ 174.21 General qualifications for exemptions.	EPA	[88 FR 34776, May 31, 2023]	A plant-incorporated protectant is exempt from the requirements of FIFRA, other than the requirements of § 174.71, if it meets the exemption criteria in paragraphs (a) through (d) of this section. Plant-incorporated protectants that are not exempt from the requirements of FIFRA under this subpart are subject to all the requirements of FIFRA. (a) The active ingredient of the plant-incorporated protectant meets the exemption criteria listed in at least one of the sections in §§ 174.25 through 174.50. (b) When the plant-incorporated protectant is intended to be produced and used in a crop used as food, the residues of the active ingredient of the plant-incorporated protectant are either exempted from the requirement of a tolerance under FFDCA (21 U.S.C. 321 et seq. ) as listed in subpart W of this part, or no tolerance would otherwise be required. (c) Any inert ingredient that is part of the plant-incorporated protectant is listed as an approved inert ingredient in subpart X of this part. (d) For plant-incorporated protectants listed in the subparagraphs below, the exemption applies only if the developer is compliant with the general recordkeeping requirements specified in § 174.73 per sections 8 and 9 of FIFRA, 7 U.S.C. 136f and 136g, and only after compliance with the relevant eligibility determination procedures specified in § 174.90: (1) Plant-incorporated protectant created through genetic engineering from a sexually compatible plant. (2) Loss-of-function plant-incorporated protectant.
40:40:26.0.1.1.23.2.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	B	Subpart B—Exemptions	§ 174.25 Active ingredient of a plant-incorporated protectant from a sexually compatible plant created through conventional breeding.	EPA	[66 FR 37814, July 19, 2001, as amended at 88 FR 34777, May 31, 2023]	The active ingredient is exempt if all of the following conditions are met: (a) The genetic material that encodes the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient plant. (c) The genetic material is transferred from the source plant to the recipient plant only through conventional breeding.
40:40:26.0.1.1.23.2.19.3	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	B	Subpart B—Exemptions	§ 174.26 Active ingredient of a plant-incorporated protectant created through genetic engineering from a sexually compatible plant.	EPA	[88 FR 34777, May 31, 2023]	The active ingredient is exempt if the conditions in paragraphs (a) and (b) of this section are met. (a) The active ingredient is characteristic of the population of plants sexually compatible with the recipient plant and is created through genetic engineering from either an insertion of a native gene into the recipient plant as specified in paragraph (a)(1) of this section or a modification of an existing native gene in the recipient plant as specified in paragraph (a)(2) of this section. (1) Insertion. A native gene is inserted into the genome of the recipient plant and produces a pesticidal substance identical in sequence to the pesticidal substance identified in the source plant. The regulatory regions inserted as part of the native gene must be identical in nucleic acid sequence to those regulatory regions of the native gene identified in the source plant. (2) Modification. The existing native gene is modified to match corresponding polymorphic sequence(s) in a native allele of that gene using a single source plant as a template. (b) This exemption does not apply until the requirements in § 174.21(d) have been met.
40:40:26.0.1.1.23.2.19.4	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	B	Subpart B—Exemptions	§ 174.27 Active ingredient of a loss-of-function plant-incorporated protectant.	EPA	[88 FR 34777, May 31, 2023]	The active ingredient is exempt if the following conditions are met: (a) The genetic material of a native gene is modified using genetic engineering to result in a pesticidal effect through the reduction or elimination of the activity of that gene; and (b) This exemption does not apply until the requirements in § 174.21(d) have been met.
40:40:26.0.1.1.23.4.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	D	Subpart D—Monitoring and Recordkeeping	§ 174.71 Submission of information regarding adverse effects.	EPA	[66 FR 37814, July 19, 2001, as amended at 71 FR 35546, June 21, 2006]	(a) Any person who produces, for sale or distribution, a plant-incorporated protectant exempt under subpart B of this part, who obtains any information regarding adverse effects on human health or the environment alleged to have been caused by the plant-incorporated protectant must submit such information to EPA. This requirement does not apply to any person who does not produce a plant-incorporated protectant exempt under subpart B of this part. This may include, for example, researchers performing field experiments, breeders making crosses among plant varieties with the goal of developing new plant varieties, or a person who only sells propagative materials (e.g., seed) to farmers without producing the propagative materials themselves. EPA must receive the report within 30 calendar days of the date the producer first possesses or knows of the information. (b) Adverse effects on human health or the environment for purposes of plant-incorporated protectant means at a minimum information about incidents affecting humans or other nontarget organisms where both: (1) The producer is aware, or has been informed, that a person or nontarget organism allegedly suffered a toxic or adverse effect due to exposure to (e.g., ingestion of) a plant-incorporated protectant. (2) The producer has or could reasonably obtain information concerning where the incident occurred. (c) All of the following information, if available, must be included in a report. (1) Name of reporter, address, and telephone number. (2) Name, address, and telephone of contact person (if different than reporter). (3) Description of incident. (4) Date producer became aware of incident. (5) Date of incident. (6) Location of incident. (d) Reports and questions should be submitted to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b).
40:40:26.0.1.1.23.4.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	D	Subpart D—Monitoring and Recordkeeping	§ 174.73 General recordkeeping requirements for exemptions.	EPA	[88 FR 34777, May 31, 2023]	For 5 years, starting with the effective date of a plant-incorporated protectant exemption, any person who is required to submit documentation for the determination of eligibility for a plant-incorporated protectant listed under § 174.21(d) must do both of the following: (a) Maintain documentation of either the request for EPA confirmation or the letter of self-determination (or both, if applicable) along with all supporting documentation for the specific exemption listed in subpart E of this part. (b) Make the documentation outlined in paragraph (a) of this section available to EPA upon request.
40:40:26.0.1.1.23.5.19.1	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	E	Subpart E—Exemption Eligibility Determination Process and Requirements	§ 174.90 Determining eligibility.	EPA		(a) Options for determining eligibility. As required in §§ 174.21(d) and 174.541(c), the developer must notify EPA to be eligible for exemption. Available notification options differ by plant-incorporated protectant. The developer must do at least one of the following: (1) EPA confirmation. Unless permitted in paragraph (a)(2) of this section, a developer must submit a request for EPA confirmation of eligibility in accordance with § 174.93. Any developer may submit a request for EPA confirmation of eligibility in accordance with § 174.93. (2) Self-determination. A developer may submit a letter of self-determination in accordance with § 174.91 if the plant-incorporated protectant qualifies for exemption as one of the following: (i) A loss-of-function plant-incorporated protectant eligible for exemption under § 174.27. (ii) [Reserved] (b) Where to submit a request for EPA confirmation or letter of self-determination. A request for EPA confirmation of eligibility or a letter of self-determination must be submitted electronically. (c) Claims of confidentiality. Any claims of confidentiality for information submitted in the request for EPA confirmation or a letter of self-determination must be made in accordance with the procedures outlined in § 174.9. (d) Overlapping determinations of eligibility. If a plant-incorporated protectant is eligible for a self-determination option, a developer may elect to submit a letter of self-determination as well as a request for EPA confirmation of eligibility concurrently or at a later time. If the developer so elects, the letter of self-determination will remain in effect while EPA evaluates the request for confirmation of eligibility. (e) Revisiting eligibility determination. If, at any time after EPA issues a confirmation of eligibility or the letter of self-determination is submitted, EPA becomes aware of information indicating that a plant-incorporated protectant no longer meets the criteria for exemption (e.g., adverse effects reports submitted under § 17…
40:40:26.0.1.1.23.5.19.2	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	E	Subpart E—Exemption Eligibility Determination Process and Requirements	§ 174.91 Submitting a letter of self-determination.	EPA		To self-determine eligibility for the exemption of a plant-incorporated protectant listed under § 174.90(a)(2), a developer must comply with all of the following requirements. (a) When to submit a letter of self-determination. A letter of self-determination for an exemption must be submitted to EPA prior to engaging in any activity that would be subject to FIFRA absent an exemption. (b) Contents of a letter of self-determination. The letter of self-determination must: (1) Provide the name and contact information for the submitter (including telephone number and email address), company name, or other affiliation. (2) Identify the plant-incorporated protectant by providing: the identity of the recipient plant (genus and species), a unique identifier for the native gene from the National Center for Biotechnology Information (NCBI) at the National Library of Medicine of the National Institutes of Health (NLM) at the National Institutes of Health (NIH) ( i.e., Entrez GeneID), the trait type (e.g., insect resistance), and cite the paragraph under § 174.90(a)(2) that indicates that the plant-incorporated protectant is eligible for self-determination. (3) Complete and submit the certification statement provided in the electronic submission portal. The statement must be dated and signed by the certifying official identified in the certification statement. (c) EPA response. EPA will provide electronic confirmation of receipt immediately. Electronic confirmation of receipt shall be equivalent to written confirmation of receipt. (d) Effective date of exemption. The exemption does not apply until EPA confirms receipt of the letter of self-determination.
40:40:26.0.1.1.23.5.19.3	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	E	Subpart E—Exemption Eligibility Determination Process and Requirements	§ 174.93 Requesting EPA confirmation.	EPA		To 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.
40:40:26.0.1.1.23.5.19.4	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	E	Subpart E—Exemption Eligibility Determination Process and Requirements	§ 174.95 Documentation for an exemption for a plant-incorporated protectant created through genetic engineering from a sexually compatible plant.	EPA		A developer requesting EPA confirmation of exemption eligibility for a plant-incorporated protectant created through genetic engineering from a sexually compatible plant pursuant to § 174.93 must submit the information in the following paragraphs to EPA. The following documentation must be maintained by a developer of a plant-incorporated protectant created through genetic engineering from a sexually compatible plant per § 174.73: (a) Biology of the plant. (1) The identity of the recipient plant, including genus and species. (2) If the plant-incorporated protectant was derived from a plant species other than the recipient plant species, provide the identity of the source plant including genus and species and information to support the determination that the recipient plant and the source plant are sexually compatible (e.g., through peer-reviewed literature rationale). (b) Description of the pesticidal trait and how the trait was engineered into the plant. Include a description of the measures that were taken to ensure that no engineering components (e.g., Cas proteins) are present in the final plant product and the measures taken to maximize the likelihood that the modification to the recipient plant is limited to the intended modification. (c) Molecular characterization of the plant-incorporated protectant. A nucleic acid sequence comparison of the plant-incorporated protectant between the recipient plant and the comparator(s). A deduced amino acid sequence comparison is additionally required when the pesticidal substance is proteinaceous. The relevant comparator(s) for the sequence comparison(s) are determined by the type of modification: (1) For § 174.26(a)(1), sequences in the source plant and in the recipient plant. (2) For § 174.26(a)(2), sequences in the recipient plant before the modification, after the modification, and the sequence in the source plant. The polymorphic site(s) must be indicated. (d) Information on the history of safe use of the plant-incorporated protectant. (1) If the pes…
40:40:26.0.1.1.23.5.19.5	40	Protection of Environment	I	E	174	PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS	E	Subpart E—Exemption Eligibility Determination Process and Requirements	§ 174.96 Documentation for an exemption for a loss-of-function plant-incorporated protectant.	EPA		A developer requesting EPA confirmation of exemption eligibility for a loss-of-function plant-incorporated protectant pursuant to § 174.93 must submit the information in the following paragraphs to EPA along with the developer's request for exemption confirmation. The following documentation must be maintained by a developer of a loss-of-function plant-incorporated protectant per § 174.73: (a) Biology of the plant: The identity of the recipient plant, including genus and species. (b) Description of the pesticidal trait that results from the loss-of-function and how the trait was engineered into the plant. Include a description of the steps that were taken to ensure that no engineering components (e.g., Cas proteins) remain in the plant and the measures taken to maximize the likelihood that the modification to the recipient plant is limited to the intended modification.
46:46:7.0.1.2.9.1.61.1	46	Shipping	I	S	174	PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES	A	Subpart A—General	§ 174.005 Applicability.	USCG	[CGD 95-012, 60 FR 48052, Sept. 18, 1995; 60 FR 50120, Sept. 28, 1995, as amended by CGD 82-004, CGD 86-074, 60 FR 57671, Nov. 16, 1995; CGD 82-004 and CGD 86-074, 62 FR 49353, Sept. 19, 1997]	Each of the following vessels must comply with the applicable provisions of this part: (a) Deck cargo barge. (b) Mobile offshore drilling unit (MODU) inspected under subchapter IA of this chapter. (c) Tugboat and towboat inspected under subchapter I of this chapter. (d) Self-propelled hopper dredge having an assigned working freeboard. (e) Oceangoing ships of 500 gross tons or over, as calculated by the International Convention on Tonnage Measurement of Ships, 1969, designed primarily for the carriage of dry cargoes, including roll-on/roll-off ships. (f) Offshore supply vessel inspected under subchapter L of this chapter. (g) Liftboat inspected under subchapter L of this chapter.
46:46:7.0.1.2.9.1.61.2	46	Shipping	I	S	174	PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES	A	Subpart A—General	§ 174.007 Incorporation by reference.	USCG	[USCG-2007-0030, 75 FR 78086, Dec. 14, 2010, as amended by USCG-2012-0832, 77 FR 59788, Oct. 1, 2012; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013]	(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-2), Attn: Naval Architecture Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also from the sources listed in paragraphs (b) and (c) of this section. (b) American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (1) ASTM F 1196-00, Standard Specification for Sliding Watertight Door Assemblies, 2008, incorporation by reference (IBR) approved for § 174.100. (2) ASTM F 1197-00, Standard Specification for Sliding Watertight Door Control Systems, 2007, IBR approved for § 174.100. (c) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, + 44 (0)20 7735 7611, http://www.imo.org/. (1) Resolution MSC.216(82), Adoption of Amendments to the International Convention for the Safety of Life At Sea, 1974, As Amended (IMO Res. MSC.216(82)), Adopted on 8 December 2006, IBR approved for § 174.360. (2) [Reserved]
46:46:7.0.1.2.9.10.63.1	46	Shipping	I	S	174	PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES	J	Subpart J—Special Rules Pertaining to Dry Cargo Ships	§ 174.350 Specific applicability.	USCG		This subpart applies to each new ship of 500 gross tons or over, as calculated by the International Convention on Tonnage Measurement of Ships, 1969, designed primarily for the carriage of dry cargoes, including roll-on/roll-off ships and integrated tug and barges (ITBs) when operating as a combined unit.
46:46:7.0.1.2.9.10.63.2	46	Shipping	I	S	174	PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES	J	Subpart J—Special Rules Pertaining to Dry Cargo Ships	§ 174.355 Definitions.	USCG		New ship means a ship: (1) For which the building contract is placed on or after February 1, 1992; or (2) In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after August 1, 1992; or (3) The delivery of which is on or after February 1, 1997; or (4) For which application for reflagging is made on or after February 1, 1997; or (5) Which has undergone a major conversion: (i) For which the contract is placed on or after February 1, 1992; or (ii) In the absence of a contract, the construction work of which is begun on or after August 1, 1992; or (iii) Which is completed on or after February 1, 1997.

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