40 CFR § 26.401 - To what does this subpart apply?

---
identifier: "/us/cfr/t40/s26.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 26.401 - To what does this subpart apply?"
title_number: 40
title_name: "Protection of Environment"
section_number: "26.401"
section_name: "To what does this subpart apply?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "26"
part_name: "PROTECTION OF HUMAN SUBJECTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 7 U.S.C. 136a(a) and 136w(a)(1); 21 U.S.C. 346a(e)(1)(C); sec. 201, Pub. L. 109-54, 119 Stat. 531; and 42 U.S.C. 300v-1(b)."
regulatory_source: "56 FR 28012, 28022, June 18, 1991, unless otherwise noted."
cfr_part: "26"
---


# 26.401 To what does this subpart apply?

(a) This subpart applies to all observational research involving children as subjects, conducted or supported by EPA. This includes research conducted in EPA facilities by any person and research conducted in any facility by EPA employees.

(b) Exemptions at § 26.104(d)(1) and (d)(3) through (8) are applicable to this subpart. The exemption at § 26.104(d)(2) regarding educational tests is also applicable to this subpart. However, the exemption at § 26.104(d)(2) for research involving survey or interview procedures or observations of public behavior does not apply to research covered by this subpart, except for research involving observation of public behavior when the investigator(s) do not participate in the activities being observed.

(c) The exceptions, additions, and provisions for waiver as they appear in § 26.101(c) through (i) are applicable to this subpart.

[71 FR 6168, Feb. 6, 2006, as amended at 84 FR 35318, July 23, 2019]