to the Administrator’s failure to consult with the Secretary of the Interior and the Secretary of Commerce, the sole and exclusive remedy for any such action , other than as otherwise specified in this Act, shall be scheduling the determinations required by section 3(c)(5)(E) for an active ingredient consistent with the periodic review of registrations established by this section. (F) Essentiality and efficacy The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. In considering an application for the registration of a pesticide, the Administrator may waive data requirements pertaining to efficacy, in which event the Administrator may register the pesticide without determining that the pesticide’s composition is such as to warrant proposed claims of efficacy. If a pesticide is found to be efficacious by any State under section 24(c), a presumption is established that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State. . (b) Registration under special circumstances Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(7) ) is amended— (1) in subparagraph (A)— (A) by inserting and when used in accordance with widespread and commonly recognized practice, it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species, after or differ only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment,