[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Rules and Regulations]
[Pages 26360-26361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12143]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-30072L; FRL-4950-7]
Tolerance Processing Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule increases fees charged for processing tolerance
petitions for pesticides under the Federal Food, Drug, and Cosmetic Act
(FFDCA). The change in fees reflects a 3.22 percent increase in
locality pay for civilian Federal General Schedule (GS) employees
working in the Washington, DC/Baltimore, MD metropolitan area in 1995.
EFFECTIVE DATE: June 16, 1995.
FOR FURTHER INFORMATION CONTACT: Concerning this rule contact: By mail:
Delores A. Furman, Program Management and Support Division (7502C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location, telephone number and
e-mail address: Rm. 700-G, CM #2, 1921 Jefferson Davis Highway,
Arlington, VA (703-305-7016), furman.delores. Concerning tolerance
petitions and individual fees contact: Jim Tompkins (703-305-5697)
SUPPLEMENTARY INFORMATION: The EPA is charged with administration of
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Section 408 authorizes the Agency to establish tolerance levels and
exemptions from the requirements for tolerances for raw agricultural
commodities. Section 408(o) requires that the Agency collect fees as
will, in the aggregate, be sufficient to cover, among other things, the
costs of processing petitions for pesticide products, i.e., that the
tolerance process be as self-supporting as possible. The current fee
schedule for tolerance petitions (40 CFR 180.33) was published in the
Federal Register on June 2, 1994 (59 FR 28482) and became effective on
July 5, 1994. At that time the fees were increased 4.23 percent in
accordance with a provision in the regulation that provides for
automatic annual adjustments to the fees based on annual percentage
changes in Federal salaries. The specific language in the regulation is
contained in paragraph (o) of Sec. 180.33 and reads in part as follows:
(o) This fee schedule will be changed annually by the same
percentage as the percent change in the Federal General Schedule
(GS) pay scale.... When automatic adjustments are made based on the
GS pay scale, the new fee schedule will be published in the Federal
Register as a final rule to become effective thirty days or more
after publication, as specified in the rule.
The Federal Employees Pay Comparability Act of 1990 (FEPCA)
initiated locality-based comparability pay, known as ``locality pay.''
The intent of the legislation is to make Federal pay more responsive to
local labor market conditions by adjusting General Schedule salaries on
the basis of a comparison with non-Federal rates on a geographic,
locality basis.
The processing and review of tolerance petitions is conducted by
EPA employees working in the Washington, DC/ Baltimore, MD pay area.
The pay raise in 1995 for Federal General Schedule employees working in
the Washington, DC/Baltimore, MD metropolitan pay area is 3.22 percent;
therefore, the tolerance petition fees are being increased 3.22
percent. All fees have been rounded to the nearest $25.00.
List of subjects in 40 CFR Part 180
Administrative practice and procedures, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: May 5, 1995.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I, part 180 is amended as follows:
1. The authority citation for Part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. Section 180.33 is amended by revising paragraphs (a), (b), (c),
(d), (e), (f), (g), (i), (j)(3), and (m) to read as follows:
Sec. 180.33 Fees.
(a) Each petition or request for the establishment of a new
tolerance or a tolerance higher than already established, shall be
accompanied by a fee of $60,425, plus $1,500 for each raw agricultural
commodity more than nine on which the establishment of a tolerance is
requested, except as provided in paragraphs (b), (d), and (h) of this
section.
(b) Each petition or request for the establishment of a tolerance
at a lower numerical level or levels than a tolerance already
established for the [[Page 26361]] same pesticide chemical, or for the
establishment of a tolerance on additional raw agricultural commodities
at the same numerical level as a tolerance already established for the
same pesticide chemical, shall be accompanied by a fee of $13,825 plus
$925 for each raw agricultural commodity on which a tolerance is
requested.
(c) Each petition or request for an exemption from the requirement
of a tolerance or repeal of an exemption shall be accompanied by a fee
of $11,150.
(d) Each petition or request for a temporary tolerance or a
temporary exemption from the requirement of a tolerance shall be
accompanied by a fee of $24,150 except as provided in paragraph (e) of
this section. A petition or request to renew or extend such temporary
tolerance or temporary exemption shall be accompanied by a fee of
$3,425.
(e) A petition or request for a temporary tolerance for a pesticide
chemical which has a tolerance for other uses at the same numerical
level or a higher numerical level shall be accompanied by a fee of
$12,050 plus $925 for each raw agricultural commodity on which the
temporary tolerance is sought.
(f) Each petition or request for repeal of a tolerance shall be
accompanied by a fee of $7,550. Such fee is not required when, in
connection with the change sought under this paragraph, a petition or
request is filed for the establishment of new tolerances to take the
place of those sought to be repealed and a fee is paid as required by
paragraph (a) of this section.
(g) If a petition or a request is not accepted for processing
because it is technically incomplete, the fee, less $1,500 for handling
and initial review, shall be returned. If a petition is withdrawn by
the petitioner after initial processing, but before significant Agency
scientific review has begun, the fee, less $1,500 for handling and
initial review, shall be returned. If an unacceptable or withdrawn
petition is resubmitted, it shall be accompanied by the fee that would
be required if it were being submitted for the first time.
* * * * *
(i) Objections under section 408(d)(5) of the Act shall be
accompanied by a filing fee of $3,025.
(j) * * *
(3) An advance deposit shall be made in the amount of $30,175 to
cover the costs of the advisory committee. Further advance deposits of
$30,175 each shall be made upon request of the Administrator when
necessary to prevent arrears in the payment of such costs. Any deposits
in excess of actual expenses will be refunded to the depositor.
* * * * *
(m) The Administrator may waive or refund part or all of any fee
imposed by this section if the Administrator determines in his or her
sole discretion that such a waiver or refund will promote the public
interest or that payment of the fee would work an unreasonable hardship
on the person on whom the fee is imposed. A request for waiver or
refund of a fee shall be submitted in writing to the Environmental
Protection Agency, Office of Pesticide Programs, Registration Division
(7505C), Washington, DC 20460. A fee of $1,500 shall accompany every
request for a waiver or refund, except that the fee under this sentence
shall not be imposed on any person who has no financial interest in any
action requested by such person under paragraphs (a) through (k) of
this section. The fee for requesting a waiver or refund shall be
refunded if the request is granted.
* * * * *
[FR Doc. 95-12143 Filed 5-16-95; 8:45 am]
BILLING CODE 6560-50-F
