Pesticide Tolerance Processing Fees

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: March 13, 2002 (Volume 67, Number 49)]
[Rules and Regulations]
[Page 11248-11251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr02-12]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 180
[OPP-30118; FRL-6774-3]
RIN 2070-AB78

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 revision reflects a 4.94%, 3.81%, and 4.77% increase in
locality pay for civilian Federal General Schedule employees working in
the Washington, DC and Baltimore, MD metropolitan area in 2000, 2001,
and 2002, respectively. Fees have not been adjusted since 1999 in
anticipation of the tolerance fee revision rule proposed by EPA, which
has not occured.

DATES: This rule is effective April 12, 2002.

FOR FURTHER INFORMATION CONTACT: For general information concerning
this rule contact: Ed Setren, Resources Management Staff (7501C),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone: (703) 305-
5927; fax: (703) 305-5060; e-mail address: setren.edward@epa.gov.
For technical information concerning tolerance petitions and
individual fees contact: Sonya Brooks, Resources Management Staff
(7501C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: (703)
308-6423; fax: (703) 305-5060; e-mail address: brooks.sonya@epa.gov.

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
chemicals used in formulating pesticides, 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 11249]]

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Examples of potentially
Categories NAICS codes SIC codes 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 under FOR FURTHER INFORMATION CONTACT.

II. How Can I Get Additional Information or Copies of this Document
or Other Documents?

1. 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'' ``Regulations and Proposed Rules'' 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/fedrgstr/.
2. In person or by phone. If you have any questions or need
additional information about this action, you may contact the technical
person identified under FOR FURTHER INFORMATION CONTACT. In addition,
the official record for this rule, including the public version, has
been established under docket control number OPP-30118. 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, 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 2000, 2001, and 2002
for Federal General Schedule (GS) employees working in the Washington,
DC/Baltimore, MD metropolitan pay area is 4.94%, 3.81%, and 4.77%,
respectively. This increase in the fees charged for processing
tolerance petitions reflects these recent pay raises.

IV. Why is the Agency Taking this Action?

EPA is charged with the administration of section 408 of 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 the Agency to collect fees that
will, in the aggregate, be sufficient to cover the costs of processing
petitions for pesticide products. EPA is publishing this action
pursuant to 40 CFR 180.33(o).
The current fee schedule for tolerance petitions published in the
Federal Register of May 26, 1999 (64 FR 28384) (FRL-6056-6), codified
at 40 CFR 180.33, and became effective on June 26, 1999. At that time
the fees were increased 3.68% 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 2000, 2001, and 2002 for Federal General Schedule
employees working in the Washington, DC/Baltimore, MD metropolitan pay
area is 4.94%, 3.81%, and 4.77%, respectively; therefore, the tolerance
petition fees are being increased by 4.94%, 3.81%, and 4.77%,
respectively. The entire revised fee schedule is presented in
Sec. 180.33 of the regulatory text 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 30 days or more
after publication, as specified in the rule.

VI. What Regulatory Assessment Requirements Apply to this Action?

This final rule amends the fees charged for processing tolerance
petitions under FFDCA to reflect automatic adjustments based on the GS
pay scale and is issued as a final rule pursuant to 40 CFR 180.33(o).
Under Executive Order 12866, entitled Regulatory Planning and Review
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' subject to review by the Office of Management and
Budget (OMB), nor is this final rule subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001).
This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045,

[[Page 11250]]

entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
Since the Agency is authorized to make automatic adjustments based
on the GS pay scale by issuing a final rule under 40 CFR 180.33(o), and
is not required to issue a proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.
In addition, the Agency has determined that this action will not
have a substantial direct effect on States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, entitled Federalism (64 FR 43255,
August 10, 1999). Executive Order 13132 requires EPA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4).
For these same reasons, the Agency has determined that this final
rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This final rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

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

Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

Dated: March 5, 2002.
Stephen L. Johnson,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

Therefore, 40 CFR chapter I 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), (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 $77,625, plus $1,950 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 $17,750 plus
$1,175 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 $14,325.
(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 $31,000 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
$4,400.
(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
$15,425, plus $1,175 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 $9,700. 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 $1,950 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 $1,950 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

[[Page 11251]]

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 $3,875.
(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 $38,750 to
cover the costs of the advisory committee. Further advance deposits of
$38,750 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 Interregional
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), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. A fee of
$1,950 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
(7505C), 1200 Pennsylvania Avenue, NW., 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. 02-5868 Filed 3-12-02; 8:45 am]
BILLING CODE 6560-50-S

Pesticide Tolerance Processing Fees

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