[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Rules and Regulations]
[Pages 28384-28387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 180

[OPP-30116; FRL-6056-6]
RIN 2070-AB78


Pesticide 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 3.68 percent cost of living and 
locality pay increase for civilian Federal General Schedule (GS) 
employees working in the Washington, DC and Baltimore, MD metropolitan 
area in 1999.
    This rule does not, however, reflect the requirements in the Food 
Quality Protection Act of 1996 (FQPA), which states that the Agency 
shall collect tolerance fees that, in the aggregate, will cover all 
costs associated with processing tolerance actions. The amendments to 
the tolerance fee schedule to meet the FQPA requirement will be 
addressed in a seperate rulemaking, the proposal for which is expected 
shortly.

EFFECTIVE DATE: June 25, 1999.
FOR FURTHER INFORMATION CONTACT: About this rule contact Ed Setren, 
Resources Management Staff (7501C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., S.W., Washington, DC 20460, 
telephone: (703) 305-5927, fax: (703) 305-5060, e-mail: 
[email protected]. For further technical information about 
tolerance petitions and individual fees contact: Sonya Brooks, 
Resources Management Staff (7501C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, 
telephone: (703) 308-6423, fax: (703) 305-5060, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this rule apply to me?

    This rule may directly affect any person who might petition the 
Agency for new tolerances, hold a pesticide registration with existing 
tolerances, or anyone who is interested in obtaining or retaining a 
tolerance in the absence of a registration. This group can include 
pesticide manufacturers or formulators, companies that manufacture 
inert ingredients, importers of food, grower groups, or any person who 
seeks a tolerance. The vast majority of potentially affected categories 
and entities may include, but are not limited to:

[[Page 28385]]



 
----------------------------------------------------------------------------------------------------------------
                                                                                         Examples of Potentially
              Categories                        NAICS                     SIC               Affected Entities
----------------------------------------------------------------------------------------------------------------
Chemical Industry....................  325320.................  0286...................  pesticide chemical
                                                                                          manufacturers,
  ...................................  115112.................  0287...................  formulators, chemical
                                                                                          manufacturers of inert
                                                                                          ingredients
----------------------------------------------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed above could also be 
regulated. If available, the four-digit Standard Industrial 
Classification (SIC) codes or the six-digit North American Industrial 
Classification System (NAICS) codes have been provided to assist you 
and others in determining whether or not this rule applies to certain 
entities. To determine whether you or your business may be affected by 
this action, you should carefully examine the applicability provisions 
in the rule (see Unit IV). If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

II. How can I get additional information or copies of this document 
or other documents?

A. Electronically.

    You may obtain electronic copies of this document and various 
support documents from the EPA Internet Home Page at http://
www.epa.gov/. On the Home Page select ``Laws and Regulations'' and then 
look up the entry for this document under the ``Federal Register - 
Environmental Documents.'' You can also go directly to the ``Federal 
Register'' listings at http://www.epa.gov/homepage/fedrgstr/.

B. In person or by phone.

    If you have any questions or need additional information about this 
action, you may contact the technical person identified in the ``FOR 
FURTHER INFORMATION CONTACT'' section. In addition, the official record 
for this rule, including the public version, has been established under 
docket control number [OPP-30116]. A public version of this record, 
including printed, paper versions of any electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection in Rm. 119, Crystal Mall 2 (CM #2), 1921 Jefferson Davis 
Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Public Information and Records 
Integrity Branch telephone number is (703) 305-5805.

III. What action is the Agency taking in this rule?

    With this rule, the Agency is increasing the fees charged for 
processing tolerance petitions for pesticides under the Federal Food, 
Drug, and Cosmetic Act (FFDCA). The pay raise in 1999 for Federal 
General Schedule employees working in the Washington, DC/Baltimore, MD 
metropolitan pay area is 3.68 percent. This increase in the fees 
charged for processing tolerance petitions reflects this recent pay 
raise.

IV. Why is the Agency taking this action?

    The EPA is charged with the 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. EPA is 
required to collect fees that will, in the aggregate, be sufficient to 
cover the costs of processing petitions, so that the tolerance program 
is as self-supporting as possible. The fee increases identified by this 
rule do not reflect the requirements of FFDCA section 408(m)(1) as 
amended by the Food Quality Protection Act (FQPA) of 1996 which states 
that the Agency shall collect tolerance fees that, in the aggretate, 
will cover all costs associated with processing tolerance actions. 
Modifications of the tolerance fee schedule to meet the FQPA 
requirement will be addressed by a proposed rule now in development.
    The current fee schedule for tolerance petitions published in the 
Federal Register on May 27, 1998 (63 FR 28909)(FRL-5775-4), codified at 
40 CFR 180.33, and became effective on June 26, 1998. At that time the 
fees were increased 2.45 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 (40 CFR 
180.33(o)).
    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 1999 for Federal General Schedule employees 
working in the Washington, DC/Baltimore, MD metropolitan pay area is 
3.68 percent; therefore, the tolerance petition fees are being 
increased by 3.68 percent. The entire revised fee schedule in 
Sec. 180.33 is presented for the reader's convenience. (All fees have 
been rounded to the nearest $25.00.)

V. Why is EPA issuing this action as a Final Rule?

    EPA is publishing this action as a final rule pursuant to 40 CFR 
180.33(o), which reads in part:
    (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.


VI. What regulatory assessments requirements apply to this action?

    This action does not require review by the Office of Management and 
Budget (OMB) under Executive Order 12866, entitled Regulatory Planning 
and Review (58 FR 51735, October 4, 1993), the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled 
Protection of Children From Environmental Health Risks and Safety (62 
FR 19885, April 23, 1997). Nor does it require any action under Title 
II of the Unfunded Mandates Reform Act of 1995 (UMRA)(Pub.L. 104-4), 
Executive Order 12875, entitled Enhancing the Intergovernmental 
Partnership (58 FR 58093, October 28, 1993), Executive Order 13084, 
entitled Consultation and Coordination with Indian Tribal Governments 
(63 FR 27655, May 19,1998), or Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994). In addition, 
this action does not

[[Page 28386]]

involve any technical standards that trigger the requirement in section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(NTTAA), 15 U.S.C. 272 note) which directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or impractical. Since this action 
does not require a proposal, no action is needed under the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.).

VII. Must EPA submit this action to Congress and the General 
Accounting Office?

    Yes. The Congressional Review Act, 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of this rule in the Federal Register. This is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR part 180

    Administrative practice and procedures, Agricultural commodities, 
Pesticides and pests, Reporting and recordkeeping requirements

    Dated: May 12, 1999.

Susan H. Wayland,

Acting Assistant Administrator Office of Prevention, Pesticides and 
Toxic Substances.
    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. 321(q), 346(a) 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 $68,025, plus $1,700 for each raw agricultural 
commodity in excess of nine for 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 $15,550 plus 
$1,025 for each raw agricultural commodity for 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 $12,550.
    (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 $27,175 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 
$3,850.
    (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 
$13,525 plus $1,025 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 $8,500. 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 $1,700 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 $1,700 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 $3,400.
    (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 $33,950 to 
cover the costs of the advisory committee. Further advance deposits of 
$33,950 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 $1,700 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

[[Page 28387]]

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. 99-13191 Filed 5-25-99; 8:45 am]
BILLING CODE 6560-50-F