[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