[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Rules and Regulations]
[Pages 25524-25525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 180
[OPP-30113; FRL-5714-1]
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 3.33 percent increase in
locality pay for civilian Federal General Schedule (GS) employees
working in the Washington, DC/Baltimore, MD metropolitan area in 1997.
EFFECTIVE DATE: June 9, 1997.
FOR FURTHER INFORMATION CONTACT: For information concerning this rule:
By mail: Edward Setren, Immediate Office, Resources Management Staff
(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-I, CM#2, 1921 Jefferson Davis Highway,
Arlington, VA (703-305-5927), e-mail:setren.Edward@epamail.epa.gov. For
further information concerning tolerance petitions and individual fees
contact: Sonya Brooks at the same address, telephone (703) 308-6428, e-
mail: brooks.sonya@epamail.epa.gov.
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 food commodities.
Section 408(o) requires that the Agency collect fees as will, in the
aggregate, be sufficient to cover 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 May 3, 1996 (61 FR 19850)(FRL-
5365-2) and became effective on June 3, 1996. At that time the fees
were increased 2.54 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 30 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 1997 for Federal General Schedule employees working in
the Washington, DC/Baltimore, MD metropolitan pay area is 3.33 percent;
therefore, the tolerance petition fees are being increased 3.33
percent. The entire fee schedule, Sec. 180.33, is presented for the
reader's convenience. (All fees have been rounded to the nearest
$25.00.)
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements
Dated: April 30, 1997.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
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 revised 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 $64,025, plus $1,600 for each food 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 same pesticide chemical, or for the establishment
of a tolerance on additional food commodities at the same numerical
level as a tolerance already established for the same pesticide
chemical, shall be accompanied by a fee of $14,650 plus $975 for each
food 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 $11,800.
(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 $25,575 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
$3,625.
(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
$12,750 plus $975 for each food 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 $8,000. 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 $1,600 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 $1,600 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.
(h) Each petition or request for a crop group tolerance, regardless
of the number of food commodities involved, shall be accompanied by a
fee equal to
[[Page 25525]]
the fee required by the analogous category for a single tolerance that
is not a crop group tolerance, i.e., paragraphs (a) through (f) of this
section, without a charge for each commodity where that would otherwise
apply.
(i) Objections under section 408(d)(5) of the Act shall be
accompanied by a filing fee of $3,200.
(j)(1) In the event of a referral of a petition or proposal under
this section to an advisory committee, the costs shall be borne by the
person who requests the referral of the data to the advisory committee.
(2) Costs of the advisory committee shall include compensation for
experts as provided in Sec. 180.11 and the expenses of the secretariat,
including the costs of duplicating petitions and other related material
referred to the committee.
(3) An advance deposit shall be made in the amount of $31,975 to
cover the costs of the advisory committee. Further advance deposits of
$31,975 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.
(k) The person who files a petition for judicial review of an order
under section 408(d)(5) or (e) of the Act shall pay the costs of
preparing the record on which the order is based unless the person has
no financial interest in the petition for judicial review.
(l) No fee under this section will be imposed on the Inter-Regional
Research Project Number 4 (IR-4 Program).
(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 $1,600 shall accompany every
request for a waiver or refund, except that the fee 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.
(n) All deposits and fees required by the regulations in this part
shall be paid by money order, bank draft, or certified check drawn to
the order of the Environmental Protection Agency. All deposits and fees
shall be forwarded to the Environmental Protection Agency, Headquarters
Accounting Operations Branch, Office of Pesticide Programs (Tolerance
Fees), P.O. Box 360277M, Pittsburgh, PA 15251. The payments should be
specifically labeled ``Tolerance Petition Fees'' and should be
accompanied only by a copy of the letter or petition requesting the
tolerance. The actual letter or petition, along with supporting data,
shall be forwarded within 30 days of payment to the Environmental
Protection Agency, Office of Pesticide Programs, Registration Division,
(7504C) Washington, DC 20460. A petition will not be accepted for
processing until the required fees have been submitted. A petition for
which a waiver of fees has been requested will not be accepted for
processing until the fee has been waived or, if the waiver has been
denied, the proper fee is submitted after notice of denial. A request
for waiver or refund will not be accepted after scientific review has
begun on a petition.
(o) This fee schedule will be changed annually by the same
percentage as the percent change in the Federal General Schedule (GS)
pay scale. In addition, processing costs and fees will periodically be
reviewed and changes will be made to the schedule as necessary. 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 30 days or more after publication, as specified in the
rule. When changes are made based on periodic reviews, the changes will
be subject to public comment.
[FR Doc. 97-12194 Filed 5-8-97; 8:45 am]
BILLING CODE 6560-50-F
