[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Notices]
[Page 99]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33298]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-30072M; FRL-5579-1]


Pesticide Tolerance Processing Fees Deposit Fund

AGENCY: Environmental Protection Agency.

ACTION:  Notice.

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SUMMARY: EPA announces that, as a result of the passage of the Food 
Quality Protection Act on August 3, 1996, all fees related to pesticide 
tolerance activities are being deposited in the Reregistration and 
Expedited Processing Fund. The current fee schedule for tolerance 
activities has not been changed.

EFFECTIVE DATE: January 2, 1997.

FOR FURTHER INFORMATION CONTACT: By mail: Iantha Gilmore, Resource 
Management Staff, Office of Pesticide Programs (7501C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
Location and telephone number: Room 700-D, CM #2, 1921 Jefferson Davis 
Highway, Arlington, Virginia, (703-305-6127); e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:  In accordance with section 408(m) of the 
Federal, Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food 
Quality Protection Act of August 3, 1996, the EPA announces that all 
fees related to tolerance activities collected under 40 CFR 180.33 are, 
as of the date of this notice, being deposited in the Reregistration 
and Expedited Processing Fund.
    The current tolerance fee regulations (40 CFR 180.33) were 
promulgated under the former section 408(o) of the FFDCA and were 
deposited to the Tolerance Fee Fund. The new section 408(m) uses almost 
identical language to that used in the earlier section 408(o), except 
that section 408(m) specifies that tolerance fees are to be deposited 
into the Reregistration and Expedited Processing Fund. Because the two 
sections are otherwise nearly identical, tolerance fees will continue 
for now to be subject to the existing fee schedule in 40 CFR 180.33.
    EPA anticipates that this fee schedule will be sufficient to 
provide, equip, and maintain an adequate tolerance assessment program 
over the short term. For the longer term, EPA is currently engaged in a 
public process to determine how best to implement all the provisions of 
the new FFDCA section 408. If, at the completion of this process, EPA 
concludes that any changes in EPA's tolerance assessment program 
requires a change in the existing tolerance fee structure, EPA will 
revise the fee schedule accordingly.
    Until the above public process is completed, the current procedure 
for increasing the fee structure to reflect the annual increase for 
civilian Federal General Schedule (GS) employees working in the 
Washington, DC/Baltimore, MD metropolitan area will continue. When 
these automatic adjustments are made, a new fee schedule will be 
published as a final rule in the Federal Register to become effective 
30 days or more after publication.
    In the meantime, all deposits and fees required by the regulations 
in 40 CFR part 180 must be paid by money order, bank draft, or 
certified check drawn to the order of the Environmental Protection 
Agency. All deposits and fees must 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 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, (7505C) 
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.

    Dated: December 19, 1996.

Lynn R. Goldman,

Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 96-33298 Filed 12-31-96; 8:45 am]
BILLING CODE 6560-50-F