[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR180.33]



[Page 322-323]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE 

CHEMICALS IN FOOD--Table of Contents

 

                    Subpart B_Procedural Regulations

 

Sec.  180.33  Fees.



    (a) Each petition for the establishment of a new tolerance or a 

tolerance higher than already established, shall be accompanied by a fee 

of $80,950, plus $2,025 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 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 $18,500 plus $1,225 for each raw agricultural 

commodity on which a tolerance is requested.

    (c) Each petition for an exemption from the requirement of a 

tolerance or repeal of an exemption shall be accompanied by a fee of 

$14,925.

    (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 $32,325 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 

$4,600.

    (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 

$16,075, plus $1,225 for each raw agricultural commodity on which the 

temporary tolerance is sought.

    (f) Each petition for revocation of a tolerance shall be accompanied 

by a fee of $10,125. Such fee is not required when, in connection with 

the change sought under this paragraph, a petition is filed for the 

establishment of new tolerances to take the place of those sought to be 

revoked 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 $2,025 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 $2,025 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 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 $4,050.

    (j) The person who files a petition for judicial review of an order 

under section 408(h) 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.

    (k) No fee under this section will be imposed on the Interregional 

Research Project Number 4 (IR-4 Program).

    (l) 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 to the Office of Pesticide Programs' 

Document Processing Desk at the appropriate address as set forth in 40 

CFR 150.17(a) or (b). A fee of $2,025 shall accompany every request for 

a waiver or refund, as specified in paragraph (m) of this section, 

except that the fee under this paragraph shall not be imposed on any 

person who has no financial interest in any action requested by such 

person under paragraphs (a) through (j) of this section. The fee for 

requesting a waiver or refund shall be refunded if the request is 

granted.



[[Page 323]]



    (m) 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 Office of Pesticide 

Programs' Document Processing Desk at the appropriate address as set 

forth in 40 CFR 150.17(a) or (b). 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.

    (n) 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.

    (o) No fee required by this section shall be levied during the 

period beginning on October 1, 2003, and ending September 30, 2008.



[68 FR 24371, May 7, 2003, as amended at 69 FR 12544, Mar. 17, 2004; 70 

FR 33363, June 8, 2005; 71 FR 35547, June 21, 2006]