94-13431. Tolerance Processing Fees  

  • [Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-13431]
    
    
    [[Page Unknown]]
    
    [Federal Register: June 2, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [OPP-30072K; FRL-4780-1]
    
     
    
    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 4.23 percent increase in 
    locality pay for civilian Federal General Schedule (GS) employees 
    working in the Washington, DC/Baltimore, MD metropolitan area in 1994.
    
    EFFECTIVE DATE: July 5, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Concerning this rule contact: By mail: 
    Ken Wetzel, Program Management and Support Division (7502C), Office of 
    Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. Office location and telephone number: Rm. 700-F, 
    CM #2, 1921 Jefferson Davis Highway, Arlington, VA (703-305-5128). 
    Concerning tolerance petitions and individual fees: Jim Tompkins (703-
    308-8780)
    
    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 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 March 24, 1993 (58 FR 16094) 
    and became effective on April 23, 1993. At that time the fees were 
    increased 3.7 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 1994 for Federal General Schedule employees working in the 
    Washington, DC/Baltimore, MD metropolitan pay area is 4.23 percent; 
    therefore, the tolerance petition fees are being increased 4.23 
    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 procedures, Agricultural commodities, 
    Pesticides and pests, Reporting and recordkeeping requirements
    
        Dated: May 23, 1994.
    
    Daniel M. Barolo,
    Acting 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 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 $58,550, plus $1,450 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 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 $13,400 plus $900 
    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 $10,800.
        (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 $23,400 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 
    $3,325.
        (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 
    $11,675 plus $900 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 $7,325. 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 $1,450 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 $1,450 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 raw agricultural commodities involved, shall be 
    accompanied by a fee equal to 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 $2,925.
        (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(c) 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 $29,225 to 
    cover the costs of the advisory committee. Further advance deposits of 
    $29,225 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 $1,450 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.
        (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. 94-13431 Filed 6-1-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
06/02/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-13431
Dates:
July 5, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: June 2, 1994, OPP-30072K, FRL-4780-1
CFR: (1)
40 CFR 180.33