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“(B) the reason for the requirement is relevant and 
material to the health and environmental concerns or 
comparable compelling local conditions of such state or 
political subdivision; and 
“(C) compliance with the requirement will not cause 
such activities to be in violation of any applicable require- 
ment under this title. 
The Commission may not withdraw any such exemption for 
so long as it finds that such requirement remains more 
stringent than a requirement under this title and continues 
to be so administered. 
“(2) The Commission shall not grant an exemption under 
this subsection if the Commission finds that such requirement 
is arbitrary and capricious. 
“(c) An application for such an exemption may be 
accompanied by any materials gathered by the applicant 
in its legislative or administrative consideration of the exist- 
ing or proposed requirement. Upon receipt of such an ap- 
plication and such materials, if submitted, the Commission 
shall publish such application in the Federal Register as a 
proposal, accompanied by a description of any supporting 
materials submitted therewith. 
“(d) It is not the intention of the Congress that enact- 
ment of the Recombinant DNA Safety Regulation Act, 
promulgation of regulations thereunder, or compliance there- 
[ 719 ] 
