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SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
(
ICR)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection:
Pesticide
Registration
Fee
Waivers
OMB
Control
No.:
2070­
0167
EPA
ICR
No.:
2147.02
1(
b)
Short
Characterization/
Abstract
This
information
collection
will
allow
the
Environmental
Protection
Agency
(
EPA)
to
process
requests
for
waivers
of
fees
under
the
Pesticide
Registration
Improvement
Act
of
2003
(
PRIA).
The
ICR
covers
the
collection
activities
associated
with
requesting
a
fee
waiver
and
involves
requesters
submitting
a
waiver
request,
information
to
demonstrate
eligibility
for
the
waiver,
and
certification
of
eligibility.
Waivers
are
available
for
small
businesses,
for
minor
uses,
and
for
actions
solely
associated
with
the
Inter­
Regional
Research
Project
Number
4
(
IR­
4).
State
and
federal
agencies
are
exempt
from
the
payment
of
fees.
This
ICR
provides
burden
hour
and
labor
cost
estimates
for
both
applicants
for
fee
waivers
and
EPA
employees
who
process
and
approve
or
deny
waiver
requests.

Through
this
ICR,
EPA
is
seeking
to
renew
for
three
years
the
OMB
approval
scheduled
to
expire
on
September
30,
2004,
under
OMB
Control
No.
2070­
0167
(
EPA
ICR
No.
2147.01),
which
was
granted
by
OMB
on
March
16,
2004
in
response
to
EPA's
emergency
processing
request.
EPA
requested
emergency
processing
under
section
3507(
j)
of
the
Paperwork
Reduction
Act
(
PRA)
(
44
U.
S.
C.
3501
et
seq.),
as
implemented
in
OMB
regulations
at
5
CFR
§
1320.13,
of
the
collection
of
information
necessary
for
waiving
pesticide
registration
fees
as
prescribed
in
the
newly
enacted
Pesticide
Registration
Improvement
Act
of
2003
(
PRIA).

EPA
sought
emergency
processing
of
the
existing
approval
because
the
collection
of
information
necessary
for
processing
the
fee
waiver
requests
was
needed
prior
to
the
expiration
of
the
time
periods
established
under
the
PRA.
The
collection
of
this
information
at
the
time
the
waiver
is
requested
is
necessary
for
the
Agency
to
be
able
to
waive
the
fees,
and
proceed
with
making
a
decision
on
the
related
application.
The
statute
was
enacted
on
January
23,
2004,
with
a
statutory
effective
date
of
March
23,
2004,
at
which
time
the
fee
waiver
requests
can
be
submitted
to
the
Agency.
The
statutory
implementation
time
frame
does
not
allow
the
Agency
to
follow
the
regular
process
for
ICRs
under
the
PRA,
which
includes
two
comment
periods
with
60
day
and
30
day
time
frames.
EPA
asked
OMB
to
take
action
on
the
emergency
request
within
2
work
days
of
receipt,
and
asked
that
OMB
approve
the
collection
for
the
full
180
days
permitted
by
the
regulations.

A
copy
of
the
emergency
request
submitted
to
OMB
and
the
related
OMB
action
notice
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approving
that
request
has
been
placed
in
the
docket
identified
under
Docket
ID
Number
OPP­
2004­
0092.
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Under
the
Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
FIFRA),
EPA
must
evaluate
pesticides
thoroughly
before
they
can
be
marketed
and
used
in
the
United
States
to
ensure
that
they
will
not
pose
unreasonable
adverse
effects
to
human
health
and
the
environment.
Pesticides
that
meet
this
test
are
granted
a
license
or
"
registration"
which
permits
their
distribution,
sale
and
use
according
to
requirements
set
by
EPA
to
protect
human
health
and
the
environment.

The
PRIA
amended
FIFRA
to
provide
for
the
collection
of
fees
in
order
to
enhance
the
review
of
covered
pesticide
products.
Fees
collected
under
this
program
will
help
to
reduce
time
frames
for
registration
decisions;
provide
greater
predictability
and
more
accountability
for
those
decisions;
ensure
that
Food
Quality
Protection
Act
(
FQPA)
deadlines
are
met;
and
result
in
more
predictable
and
augmented
funding
for
the
pesticide
program.
The
program
provides
stability
in
funding
for
EPA's
Office
of
Pesticide
Programs
(
OPP)
over
five
years.
The
program's
fee
schedule
under
PRIA
will
be
phased
out
beginning
on
October
1,
2008,
and
ending
on
September
30,
2010.
As
indicated
above,
the
PRIA
also
established
provisions
that
allow
these
fees
to
be
reduced
or
waived
entirely.

A
registration
applicant
may
seek
a
waiver
as
a
small
business,
defined
by
the
PRIA
as
a
business
with
fewer
than
500
employees
and
on
average,
annual
global
gross
revenue
from
pesticides
of
no
more
than
$
60
million
over
the
most
recent
three­
year
maintenance
fee
billing
cycle.
For
a
business
entity
with
one
or
more
affiliates,
the
gross
revenue
limit
includes
total
global
revenues
from
pesticides
for
the
entity
and
all
of
its
affiliates,
including
parent
and
subsidiary
entities.

An
applicant
qualifying
as
a
small
businesses
under
the
PRIA
will
be
entitled
to
a
waiver
of
fifty
percent
(
50%)
of
its
fees.
In
addition,
all
fees
will
be
waived
for
small
businesses
with,
on
average,
annual
gross
global
revenues
from
pesticides
over
the
most
recent
three­
year
maintenance
fee
billing
cycle,
including
affiliates,
of
no
more
than
$
10
million.
Small
business
applicants
requesting
waivers
must
provide
EPA
with
appropriate
documentation
demonstrating
that
they
meet
these
criteria.

An
applicant
may
also
request
a
minor
use
waiver
or
fee
reduction
if
the
applicant
can
demonstrate
that
anticipated
revenues
from
the
uses
described
in
the
application
would
be
insufficient
to
justify
the
imposition
of
the
full
application
fee.
The
Agency
may
grant
a
full
waiver
or
a
partial
reduction
in
the
fee
based
upon
its
consideration
of
the
supporting
documentation
provided.
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In
addition,
the
statute
states
that
the
Agency
shall
waive
the
registration
service
fee
for
an
application
if
the
Administrator
determines
that
two
criteria
are
met:
that
the
application
is
solely
associated
with
IR­
4
tolerance
petition
and
that
the
waiver
is
in
the
public
interest.
The
Agency
anticipates
that
most
applications
submitted
by
the
IR­
4
program
would
qualify
for
a
waiver.
In
addition,
under
the
statute,
an
agency
of
the
Federal
Government
or
a
State
government
is
exempt
from
fees.

The
program
is
expected
to
generate
in
excess
of
$
18
million
in
new
registration
service
fees
annually
over
five
years
and
allows
applicants
for
pesticide
registrations
submitted
prior
to
the
effective
date
of
the
Act
to
pay
a
portion
of
the
fee
voluntarily.

2(
b)
Practical
Utility/
Users
of
the
Data
EPA
is
the
sole
intended
user
of
the
information
collected.
This
collection
of
information
is
critical
for
the
proper
performance
of
Agency
functions
because
the
information
collected
will
allow
EPA
to
properly
review
a
request
for
waivers
of
fees
under
the
PRIA
without
delay.
The
actual
usefulness
of
the
information
to
the
Agency
is
that
the
information
collected
will
demonstrate
that
the
applicant
meets
the
criteria
for
fee
waiver
or
reduction.

The
information
will
be
used
to
determine
if
the
applicant
qualifies
for
a
fee
waiver
or
fee
reduction.
Statutorily,
in
instances
where
the
applicant
requests
a
fee
waiver
or
fee
reduction,
the
decision
review
time
period
does
not
begin
until
either
the
Agency
grants
the
waiver
or
until
the
registrant
has
paid
the
appropriate
registration
service
fee.
If
the
Agency
does
not
have
the
information
readily
available
(
i.
e.,
submission
by
the
applicant),
the
Agency
would
need
to
locate
this
information
from
other
sources.
In
the
meantime,
the
Agency,
by
law,
cannot
start
working
on
the
application.
Processing
of
the
application,
therefore,
will
be
delayed
until
the
Agency
can
render
a
decision
on
the
fee
waiver
or
fee
reduction
request.
With
the
submission
of
this
data
by
the
registrant,
the
Agency
will
be
able
to
meet
its
statutory
commitment
to
review
the
waiver
request
within
60
days
and,
potentially,
earlier
than
the
maximum
60
day
period.

3.
NON
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non
duplication
Not
applicable.
No
other
federal
agency
or
EPA
program
is
collecting
fees
for
the
processing
of
applications
for
pesticide
registration
or,
therefore,
information
for
the
waiver
of
such
fees.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
Pursuant
to
5
CFR
1320.8(
d),
EPA
published
a
Federal
Register
noticesoliciting
comments
on
this
information
collection
activity
and
EPA's
intent
to
renew
the
OMB
approval
of
this
ICR.
If
any
comments
are
received,
they
will
be
addressed
in
the
ICR
prior
to
its
submission
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to
OMB.

3(
c)
Consultations
The
PRIA
was
developed
over
a
multi­
year
period
based
upon
input
from
the
pesticide
industry,
industry
trade
associations,
public
interest
groups,
and
the
Agency.
The
legislation
that
was
introduced
into
Congress
was
based
upon
a
consensus
reached
by
stakeholders,
informed
with
technical
support
provided
by
the
Agency.
These
stakeholders
included
CropLife
America,
the
Consumer
Specialty
Products
Association,
the
Chemical
Producers
and
Distributors
Association,
the
American
Chemistry
Council,
the
Natural
Resources
Defense
Council,
and
Consumers
Union,
among
other
parties.
Contact
information
for
some
of
the
participants
follows:

Ray
McAllister
CropLife
America
202­
872­
3874
Phil
Klein
Consumer
Specialty
Products
Assn.
202­
833­
7310
Warren
StickleChemical
Producers
&
703­
548­
7700
Distributors
Assn.
Steve
Goldberg
BASF
Corporation
973­
426­
3262
Julie
Spagnoli
Bayer
202­
756­
3775
Carolyn
Brickey
Protected
Harvest
cwbrickey@
aol.
com
Wesley
Warren
Natural
Resources
Defense
Council
202­
289­
6868
In
addition
to
the
consultation
that
took
place
during
the
development
of
this
legislation,
EPA
will
consult
with
registrants
on
the
information
collection
during
the
renewal
process.
Discussion
with
respondents
will
include
whether
the
labor
rate
estimates
in
the
ICR
are
accurate
and
whether
the
estimates
of
burden
and
methodology
for
arriving
at
the
estimate
are
correct,
whether
forms
should
be
developed,
what
payment
methods
should
be
considered,
and
alternatives
to
paperbased
submissions,
i.
e.,
whether
respondents
would
consider
submitting
the
information
electronically,
such
as
through
web
forms
and
the
Agency's
Internet
site
or
submitting
data
on
disk
with
electronic
signatures.

3(
d)
Effects
of
Less
Frequent
Collection
As
part
of
the
initial
implementation
of
these
fee
waiver
provisions,
the
Agency
anticipates
that
applicants
will
need
to
provide
appropriate
documentation
demonstrating
their
eligibility
for
waivers
on
an
application­
by­
application
basis.
As
the
Agency
develops
experience
with
the
review
of
these
waiver
requests,
we
will
seek
to
identify
opportunities
for
reducing
the
frequency
of
collecting
this
information,
provided
that
such
a
reduction
will
still
allow
the
Agency
to
satisfy
the
statutory
requirements
of
the
PRIA.

3(
e)
General
Guidelines
This
collection
activity
complies
with
the
guidelines
for
information
collections
under
the
Paperwork
Reduction
Act
(
PRA).
The
recordkeeping
activities
briefly
described
in
this
ICR
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exceed
OMB's
guideline
that
agencies
not
require
that
records
be
retained
for
more
than
three
years
(
5
CFR
1320.5(
d)(
2)(
iv)).
As
authorized
under
FIFRA
section
8,
EPA
regulations
require
that
applicants
retain
records
containing
research
data
relating
to
registered
pesticides
(
including
all
data
submitted
to
EPA
in
support
of
a
registration
­
see
40
CFR
169.2(
k))
for
as
long
as
the
registration
is
valid
and
the
producer
is
in
business.
However,
the
burden
related
to
the
recordkeeping
requirements
is
covered
under
another
ICR
(
see
OMB
Control
No.
2070­
0028,
Recordkeeping
Requirements
for
Producers
of
Pesticides
under
Section
8
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)).

3(
f)
Confidentiality
The
information
requested
to
document
fee
waiver
requests
is
not
likely
to
contain
confidential
business
information
(
CBI).
However,
data
and/
or
information
submitted
to
the
Agency
in
conjunction
with
service
fee
waiver
requests
may
be
claimed
as
trade
secret
or
commercial
or
financial
information
and
will
be
protected
from
disclosure
under
FIFRA
section
10
and
the
associated
regulation
as
contained
in
40
CFR
Part
2,
Subpart
B.
Information
claimed
as
CBI
is
protected
from
public
disclosure
unless
the
Administrator
determines
that
disclosure
is
in
the
public
interest.
OPP
routinely
handles
CBI
data,
and
personnel
are
familiar
with
security
procedures
in
accordance
with
provisions
of
the
FIFRA
Confidential
Business
Security
Manual
to
ensure
confidentiality.
If
any
information
is
submitted
that
applicants
claim
as
confidential,
the
Agency
will
employ
the
established
procedures
for
handling
such
material.

3(
g)
Sensitive
Questions
No
information
of
a
sensitive
or
private
nature
is
requested
in
conjunction
with
this
collection
activity.
Further,
this
information
collection
activity
complies
with
the
provisions
of
the
Privacy
Act
of
1974
and
OMB
circular
A­
108.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
North
American
Industrial
Classification
System
(
NAICS)
codes
assigned
to
the
parties
responding
to
this
information
are
as
follows:

°
Pesticide
and
other
agricultural
chemical
manufacturing
(
NAICS
32532),
e.
g.,
individuals
or
entities
engaged
in
activities
related
to
the
registration
of
a
pesticide
product.
°
Other
Basic
Inorganic
Chemical
Manufacturing
(
NAICS
32518),
e.
g.,
manufacturers
of
inorganic
chemicals
used
as
inert
ingredients
in
pesticide
products.
°
Other
Basic
Organic
Chemical
Manufacturing
(
NAICS
32519),
e.
g.,
manufacturers
of
organic
chemicals
used
as
inert
ingredients
in
pesticide
products.
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4(
b)
Information
Requested
(
i)
Data
items,
including
record
keeping
requirements
An
applicant
who
seeks
a
small
business
waiver
must
submit
a
waiver
request
with
appropriate
documentation
demonstrating
that
he
meets
the
criteria
established
in
the
PRIA,
i.
e.,
that
he
has
fewer
than
500
employees
and
has
no
more
than
$
60
million
in
annual
global
gross
revenue
from
pesticides,
averaged
over
the
most
recent
three
maintenance
fee
billing
cycle,
including
any
such
revenue
from
affiliates.
For
this
purpose,
the
applicant
may
be
required
to
submit
documentation
regarding
numbers
of
employees
and,
on
behalf
of
itself
and
its
affiliates,
gross
revenue
figures,
and
information
on
revenue
from
pesticides
over
a
three­
year
period.

An
applicant
who
seeks
a
minor
use
waiver
must
provide
supporting
documentation
that
anticipated
revenues
from
the
uses
that
are
the
subject
of
the
application
would
be
insufficient
to
justify
imposition
of
the
full
registration
fee
or
that
the
application
is
solely
associated
with
a
tolerance
petition
submitted
by
IR­
4
and
that
the
waiver
is
in
the
public
interest.

Although
there
is
no
record
keeping
requirement,
PRIA
provides
that,
at
any
time,
EPA
may
determine
that
the
documentation
supporting
the
waiver
request
is
not
accurate
or
based
on
the
documentation
or
any
other
information,
the
waiver
or
reduction
should
not
have
been
granted.
Therefore,
it
is
anticipated
that
applicants
will
retain
copies
of
their
submissions
as
well
as
documents
demonstrating
that
the
applicant
is
eligible
for
the
waiver
or
reduction.
There
are
currently
no
forms
associated
with
this
information
collection
activity.

(
ii)
Respondent
Activities
If
an
applicant
wishes
to
request
a
fee
waiver,
at
a
minimum,
it
must
undertake
the
following
activities:

°
Generate
and
submit
the
necessary
materials
to
support
the
request.

°
Indicate
that
a
waiver
is
requested
and
that
the
appropriate
documentation
supporting
the
request
are
enclosed
or
have
been
otherwise
submitted
to
the
Agency.

5.
THE
INFORMATION
COLLECTED
­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
1
Review
and
evaluate
fee
waiver
requests.
Notify
applicant
of
decision.

2
Verify
payments.
Cross
check
payment
information
from
Financial
Management
Division.
March
15,
2004
DRAFT
FOR
PUBLIC
COMMENT
Page
7
of
46
3
Store
the
data.
Microfilm
all
forms,
listings,
telephone
conversations,
etc.
for
archiving.

5(
b)
Collection
Methodology
and
Management
Fee
payments
will
be
sent
to
the
Financial
Management
Division
in
Pittsburgh,
Pennsylvania.
All
letters,
mail
receipts,
petitions,
and
other
types
of
correspondence
will
be
tracked
electronically.
The
Agency
is
exploring
the
feasibility
of
incorporating
the
tracking
into
its
current
systems.
If
this
approach
is
not
practical,
a
stand­
alone
tracking
system
will
be
developed.

Procedures
for
evaluating
fee
waiver
requests
will
not
change.
Information
and
materials
submitted
to
justify
a
fee
waiver
are
screened
for
completeness
by
the
receiving
division.
Economic
data
are
sent
to
OPP's
Biological
and
Economic
Analysis
Division
for
analysis.
The
Agency
will
keep
applicants
informed
of
the
status
of
the
waiver
application
throughout
the
process
by
telephone
and
by
mail.

5(
c)
Small
Entity
Flexibility
Small
businesses
may
request
a
waiver
of
the
registration
service
fee.
A
waiver
applicant
must
demonstrate
that
it
meets
the
criteria
as
outlined
in
the
PRIA.
The
information
that
needs
to
be
compiled
in
order
to
make
this
determination
is
information
that
companies
routinely
collect
and
maintain
in
the
normal
course
of
business.

5(
d)
Collection
Schedule
Registration
service
fees
are
required
for
90
different
registration
categories
identified
by
Congress,
and
published
in
the
Congressional
Record
of
September
17,
2003
(
see
Attachment
C).
There
is
no
set
collection
schedule,
per
se.
Rather,
the
registration
service
fee
is
collected
each
time
a
registrant
submits
a
registration
application.
The
applicant
must
either
pay
a
fee
or
request
and
be
granted
a
waiver
for
each
registration
application
submitted
if
the
application
is
within
the
scope
of
one
of
the
90
fee
categories.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
Since
the
collection
of
pesticide
registration
fees
is
a
new
requirement,
the
numbers
provided
are
not
reflective
of
any
actual
program
values.
These
estimates,
however,
are
based
on
the
Agency's
experience
with
other
fee
collection
activities
(
e.
g.,
reregistration
fees
and
maintenance
fees)
and
reflect
applicant
feedback
as
to
the
amount
of
time
it
has
taken
to
fill
out
a
short
form
and
undertake
other
related
activities.
March
15,
2004
DRAFT
FOR
PUBLIC
COMMENT
Page
8
of
46
In
calculating
the
potential
respondent
burden,
the
Agency
estimated
360
responses
per
year
for
requesting
fee
waivers
or
reductions,
based
on
1,565
registrations
per
year
on
average
for
the
most
recent
3
years.
The
Agency
assumes
that
18.5
percent
of
conventional
pesticides
and
antimicrobial
registration
per
year
and
64
percent
of
biopesticides
will
be
requesting
fee
waivers
or
reductions
based
on
pesticide
industry
profiles
by
companies'
number
of
employees
and
gross
revenue.

All
applicants
applying
for
waivers
will
want
to
familiarize
themselves
with
the
statutory
criteria
for
a
fee
waiver.
EPA
assumes
that
every
new
applicant
seeking
a
waiver
of
the
registration
service
fee
will
want
to
familiarize
him
or
herself
with
the
criteria
from
the
outset,
thus
this
burden
is
considered
a
one­
time
burden
that
will
occur
the
first
time
the
applicant
submits
a
registration
application
under
the
PRIA.
The
portion
of
the
burden
covering
familiarization
with
fee
waiver
submission
criteria
is
expected
to
diminish
in
ensuing
years.

6(
b)
Estimating
Respondent
Costs
Annual
respondent
costs
associated
with
this
information
collection,
based
on
an
estimate
of
360
applications
per
year,
is
estimated
to
be
$
1,882,800
for
the
first
year.
For
respondents,
the
value
of
labor
per
hour
for
management,
technical,
and
clerical
is
$
130,
$
88,
and
$
40,
respectively.
Respondent
labor
rates
included
in
the
table
below
are
rounded
to
the
nearest
dollar,
based
on
the
Gross
Domestic
Product
as
calculated
by
the
US
Department
of
Commerce's
Bureau
of
Economic
Analysis,
and
factoring
in
an
inflation
cost
index
of
1.056.
These
labor
rates
are
fully
loaded
and
include
benefits
and
overhead
costs.
Using
the
Agency's
burden
estimate
and
the
fully­
loaded
labor
rates,
the
Agency
estimates
the
applicant
costs
to
be
approximately
$
5,230
per
response.

During
the
first
year
of
the
program,
the
Agency
estimates
that,
in
many
cases,
fee
waiver
requests
will
be
submitted
separately
from
registration
applications.
The
estimates
of
respondent
costs
for
the
first
year,
therefore,
include
postage
costs
of
$
10
per
response,
for
a
total
cost
of
$
3,600
per
year.
In
subsequent
years,
however,
the
Agency
estimates
that
as
registrants
become
more
familiar
with
the
process
of
submitting
fee
waiver
requests,
they
will
be
submitted
at
the
same
time
as
registration
applications,
so
mailing
cost
estimates
for
subsequent
years
will
be
correspondingly
lower.
March
15,
2004
DRAFT
FOR
PUBLIC
COMMENT
Page
9
of
46
TABLE
1:
FIRST
YEAR
RESPONDENT
BURDEN
AND
COST
ESTIMATES
Burden
Hours
(
per
year)
Total
COLLECTION
ACTIVITY
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
1
Read
regulation
and
plan
activities
10
10
$
1,300
2
Generate
materials
for
waiver
request
for
submission
to
EPA
40
40
$
3,520
3
Store/
maintain/
submit
and
produce
information
10
1
$
400
4
Mailing
costs
$
10
Totals
10
40
10
60
$
5,230
FIRST
YEAR
BURDEN:

(
line
1)
10
Hours
x
360
responses
=
3,600
Hours
(
line
2)
40
Hours
x
360
responses
=
14,400
Hours
(
line
3)
10
Hours
x
360
responses
=
3,600
Hours
TOTAL
1st
YEAR
BURDEN
=
21,600
Hours
FIRST
YEAR
COSTS:

(
line
1)
10
hours
x
$
130
(
mgmt.)
x
360
responses
=
$
468,000
(
line
2)
40
hours
x
$
88
(
mgmt.)
x
360
responses
=
$
1,267,200
(
line
3)
10
hours
x
$
40
(
tech.)
x
360
responses
=
$
144,000
(
line
4)
$
10
x
360
responses
=
$
3,600
TOTAL
1st
YEAR
COSTS
=
$
1,882,800
March
15,
2004
DRAFT
FOR
PUBLIC
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Page
10
of
46
TABLE
2:
SUBSEQUENT
ANNUAL
RESPONDENT
BURDEN
AND
COST
ESTIMATES
Burden
Hours
(
per
year)
Total
COLLECTION
ACTIVITY
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
1
Read
regulation
and
plan
activities
2
2
$
260
2
Generate
materials
for
waiver
request
for
submission
to
EPA
40
40
$
3,520
3
Store/
maintain/
submit
information
10
10
$
400
4
Mailing
costs
$
5
Totals
2
40
10
52
$
4,185
SUBSEQUENT
YEAR
RESPONDENT
BURDEN:

(
line
1)
2
Hours
x
360
responses
=
720
Hours
(
line
2)
40
Hours
x
360
responses
=
14,400
Hours
(
line
3)
10
Hours
x
360
responses
=
3,600
Hours
TOTAL
ANNUAL
RESPONDENT
BURDEN
=
18,720
Hours
SUBSEQUENT
YEAR
RESPONDENT
BURDEN
COSTS:

(
line
1)
2
hours
x
$
130
(
mgmt.)
x
360
responses
=
$
93,600
(
line
2)
40
hours
x
$
88
(
mgmt.)
x
360
responses
=
$
1,267,200
(
line
3)
10
hours
x
$
40
(
tech.)
x
360
responses
=
$
144,000
(
line
4)
$
5
x
360
responses
=
$
1,800
TOTAL
ANNUAL
RESPONDENT
BURDEN
COSTS
=
$
1,506,600
March
15,
2004
DRAFT
FOR
PUBLIC
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Page
11
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46
6(
c)
Estimating
Agency
Burden
and
Cost
The
Agency's
burden
consists
of
reviewing,
evaluating,
and
notifying
applicants
of
the
Agency's
decision
to
grant
or
deny
fee
waiver
requests;
entering
data
into
tracking
systems;
verifying
fee
payment;
and
storing/
maintaining
this
information.
The
table
below
estimates
EPA's
burden
for
performing
these
activities.

The
Agency
cost
covered
by
this
ICR
is
associated
solely
with
the
processing
of
fee
waiver
requests
and
is
estimated
to
be
$
1,093,042
per
year.
The
labor
rates
are
based
on
Office
of
Personnel
Management
salary
tables
for
federal
employees
for
2003
and
are
rounded
to
the
nearest
dollar
and
include
benefits
and
overhead
costs,
as
well
as
locality
pay
for
the
Washington,
DC­
Baltimore
area.
For
purposes
of
this
estimate
we
have
used
an
average
grade
of
GS­
14,
Step
5
with
an
hourly
rate
of
$
130.
For
technical
staff,
we
used
an
average
grade
of
GS­
12,
Step
4
with
an
hourly
rate
of
$
88.
For
clerical
staff,
an
average
grade
of
GS­
7,
Step
5
with
an
hourly
rate
of
$
40
was
used.
March
15,
2004
DRAFT
FOR
PUBLIC
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Page
12
of
46
TABLE
3:
ANNUAL
AGENCY
BURDEN
AND
COST
ESTIMATES
Burden
Hours/
pe
r
year
Total
COLLECTION
ACTIVITY
Mgmt.
$
96/
hr
Tech
$
70
Cler.
$
33
Hours
Costs
1
Review
submitted
waiver
request
and
notify
requestor
of
decision
1
40
2
43
$
2,962
2
Enter
data
into
tracking
systems
0.5
0.5
$
17
3
Verify
payment
0.5
0.5
$
17
4
Store/
maintain/
submit
information
1
1
$
33
TOTAL
1
40
4
45
$
3,029
ANNUAL
AGENCY
BURDEN:

(
line
1)
43
Hours
x
360
responses
=
15,480
Hours
(
line
2)
0.5
Hours
x
360
responses
=
180
Hours
(
line
3)
0.5
Hours
x
360
responses
=
180
Hours
(
line
4)
1
Hours
x
360
responses
=
360
Hours
TOTAL
ANNUAL
AGENCY
BURDEN
=
16,200
Hours
ANNUAL
COSTS:

(
line
1)
(
1
hours
x
$
96
(
mgmt.)
)
+
(
40
hours
x
$
70
(
Tech.)
)
+
(
2
hours
x
$
33
(
Tech.)
)
=
$
2,962
$
2,962
x
360
responses
=
$
1,066,320
(
line
2)
0.5
hours
x
$
33
(
Cler.)
x
360
responses
=
$
5,940
(
line
3)
0.5
hours
x
$
33
(
Cler.)
x
360
responses
=
$
5,940
(
line
4)
1
hours
x
$
33
(
Cler.)
x
360
responses
=
$
11,880
TOTAL
ANNUAL
AGENCY
COSTS
=
$
1,093,042
March
15,
2004
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Page
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6(
d).
Bottom
Line
Hours
And
Costs
/
Master
Table
Hours
Costs
Respondent
Burden/
Cost
Estimates
First
Year
21,600
$
1,882,800
Subsequent
Years
18,720
$
1,506,600
Agency
Burden/
Cost
Estimates
16,200
$
1,093.042
6(
e)
Reasons
for
Change
in
Burden
(
no
discussion
needed
­
this
is
a
new
ICR)

6(
f)
Burden
Statement
The
public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
60
hours
per
response
in
the
first
year
and
52
hours
per
response
in
subsequent
years.
According
to
the
PRA,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection
it
includes
the
time
needed
to
read
the
new
regulation,
review
instructions,
plan
activities,
assemble
pertinent
materials,
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
that
is
subject
to
the
PRA
unless
the
Agency
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
title
40
of
the
CFR,
after
initial
display
in
the
final
rule,
are
listed
in
40
CFR
part
9.
Since
the
collection
activity
in
this
ICR
are
contained
in
the
PRIA
and
not
a
current
regulation,
the
OMB
control
number
for
this
collection
activity
will
appear
in
the
FR
document
related
to
this
ICR
(
e.
g.,
attachment
B).

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPP­
2004­
0092,
which
is
available
for
public
viewing
at
the
OPP
Docket
in
the
Public
Information
and
Records
Integrity
Branch,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4:
00
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305­
5805.
March
15,
2004
DRAFT
FOR
PUBLIC
COMMENT
Page
14
of
46
ATTACHMENTS
TO
THE
SUPPORTING
STATEMENT:

[
NOTE:
Unless
otherwise
noted,
an
electronic
copy
of
the
attachment
is
available
in
the
electronic
version
of
the
public
docket
available
through
EDOCKET
at
http://
www.
epa.
gov/
edocket.
Once
in
the
system,
select
"
quick
search,"
then
indicate
that
you'd
like
to
search
by
Docket
and
key
in
the
following
docket
ID
No.:
OPP­
2004­
0092.
Search
the
docket
index
for
the
document
by
the
title
provided
below.
If
you
have
any
difficulties,
please
contact
the
technical
person
listed
in
the
Federal
Register
notice
announcing
the
submission
of
this
ICR
to
OMB
for
review
and
approval.]

Attachment
A
­
Pesticide
Registration
Improvement
Act
of
2003
electronic
copy
available
at:
www.
epa.
gov/
pesticides/
fifra.
pdf
Attachment
B
­
Federal
Register
Document
entitled:
Pesticide
Registration
Fee
Waivers;
New
Information
Collection
Activities
and
Request
for
Comments
(
69
FR
15322)
­
published
March
25,
2004.
Electronic
copy
available
at
http://
a257.
g.
akamaitech.
net/
7/
257/
2422/
14mar20010800/
edocket.
access.
gpo.
gov/
2004/
pdf/
04­
6
699.
pdf
Attachment
C
­
Categories
of
Registration
Requiring
Fees
under
the
PRIA
March
15,
2004
DRAFT
FOR
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Page
15
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46
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
16
of
46
To
amend
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
to
provide
for
the
enhanced
review
of
covered
pesticide
products,
to
authorize
fees
for
certain
pesticide
products,
and
to
extend
and
improve
the
collection
of
maintenance
fees.

IN
THE
SENATE
OF
THE
UNITED
STATES
September
25,
2003
A
BILL
To
amend
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
to
provide
for
the
enhanced
review
of
covered
pesticide
products,
to
authorize
fees
for
certain
pesticide
products,
and
to
extend
and
improve
the
collection
of
maintenance
fees.

Be
it
enacted
by
the
Senate
and
House
of
Representatives
of
the
United
States
of
America
in
Congress
assembled,

SECTION
1.
PESTICIDE
REGISTRATION.
(
a)
SHORT
TITLE­
This
Act
may
be
cited
as
the
 
Pesticide
Registration
Improvement
Act
of
2003'.

(
b)
REGISTRATION
REQUIREMENTS
FOR
ANTIMICROBIAL
PESTICIDES­
Section
3(
h)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a(
h))
is
amended
 
(
1)
in
paragraph
(
2)(
F),
by
striking
 
90
to
180
days'
and
inserting
 
120
days';
and
(
2)
in
paragraph
(
3)­­

(
A)
in
subparagraph
(
D)(
vi),
by
striking
 
240
days'
and
inserting
 
120
days';
and
(
B)
in
subparagraph
(
F),
by
adding
at
the
end
the
following:

 (
iv)
LIMITATION­
Notwithstanding
clause
(
ii),
the
failure
of
the
Administrator
to
notify
an
applicant
for
an
amendment
to
a
registration
for
an
antimicrobial
pesticide
shall
not
be
judicially
reviewable
in
a
Federal
or
State
court
if
the
amendment
requires
scientific
review
of
data
within
 
 (
I)
the
time
period
specified
in
subparagraph
(
D)(
vi),
in
the
absence
of
a
final
regulation
under
subparagraph
(
B);
or
 (
II)
the
time
period
specified
in
paragraph
(
2)(
F),
if
adopted
in
a
final
regulation
under
subparagraph
(
B).'.
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
17
of
46
(
c)
MAINTENANCE
FEES­

(
1)
AMOUNTS
FOR
REGISTRANTS­
Section
4(
i)(
5)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
i)(
5))
is
amended­­

(
A)
in
subparagraph
(
A)­­

(
i)
by
striking
 (
A)
Subject'
and
inserting
the
following:

 (
A)
IN
GENERAL­
Subject';
and
(
ii)
by
striking
 
of­­'
and
all
that
follows
through
 
additional
registration'
and
inserting
 
for
each
registration';

(
B)
in
subparagraph
(
D)­­

(
i)
by
striking
 (
D)
The'
and
inserting
the
following:

 (
D)
MAXIMUM
AMOUNT
OF
FEES
FOR
REGISTRANTS­
The';

(
ii)
in
clause
(
i),
by
striking
 
shall
be
$
55,000;
and'
and
inserting
 
shall
be­­

 (
I)
for
fiscal
year
2004,
$
84,000;

 (
II)
for
each
of
fiscal
years
2005
and
2006,
$
87,000;

 (
III)
for
fiscal
year
2007,
$
68,000;
and
 (
IV)
for
fiscal
year
2008,
$
55,000;
and';
and
(
iii)
in
clause
(
ii),
by
striking
 
shall
be
$
95,000.'
and
inserting
 
shall
be­­

 (
I)
for
fiscal
year
2004,
$
145,000;

 (
II)
for
each
of
fiscal
years
2005
and
2006,
$
151,000;

 (
III)
for
fiscal
year
2007,
$
117,000;
and
 (
IV)
for
fiscal
year
2008,
$
95,000.';
and
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
18
of
46
(
C)
in
subparagraph
(
E)­­

(
i)
by
striking
 (
E)(
i)
For'
and
inserting
the
following:

 (
E)
MAXIMUM
AMOUNT
OF
FEES
FOR
SMALL
BUSINESSES­

 (
i)
IN
GENERAL­
For';

(
ii)
by
indenting
the
margins
of
subclauses
(
I)
and
(
II)
of
clause
(
i)
appropriately;
and
(
iii)
in
clause
(
i)­­

(
I)
subclause
(
I),
by
striking
 
shall
be
$
38,500;
and'
and
inserting
 
shall
be
 
 
(
aa)
for
fiscal
year
2004,
$
59,000;

 (
bb)
for
each
of
fiscal
years
2005
and
2006,
$
61,000;

 (
cc)
for
fiscal
year
2007,
$
48,000;
and
 (
dd)
for
fiscal
year
2008,
$
38,500;
and';
and
(
II)
in
subclause
(
II),
by
striking
 
shall
be
$
66,500.'
and
inserting
 
shall
be
 
 
(
aa)
for
fiscal
year
2004,
$
102,000;

 (
bb)
for
each
of
fiscal
years
2005
and
2006,
$
106,000;

 (
cc)
for
fiscal
year
2007,
$
82,000;
and
 (
dd)
for
fiscal
year
2008,
$
66,500.'.

(
2)
TOTAL
AMOUNT
OF
FEES­
Section
4(
i)(
5)(
C)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136(
a)­
1(
i)(
5)(
C))
is
amended
 
(
A)
by
striking
 (
C)(
i)
The'
and
inserting
the
following:

 (
C)
TOTAL
AMOUNT
OF
FEES­
The';
and
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
19
of
46
(
B)
by
striking
 
aggregate
amount'
and
all
that
follows
through
clause
(
ii)
and
inserting
 
aggregate
amount
of
 
 (
i)
for
fiscal
year
2004,
$
26,000,000;

 (
ii)
for
fiscal
year
2005,
$
27,000,000;

 (
iii)
for
fiscal
year
2006,
$
27,000,000;

 (
iv)
for
fiscal
year
2007,
$
21,000,000;
and
 (
v)
for
fiscal
year
2008,
$
15,000,000.'.

(
3)
DEFINITION
OF
SMALL
BUSINESS­
Section
4(
i)(
5)(
E)(
ii)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
i)(
5)(
E)(
ii))
is
amended
 
(
A)
by
redesignating
subclauses
(
I)
and
(
II)
as
items
(
aa)
and
(
bb),
respectively,
and
indenting
the
margins
appropriately;

(
B)
by
striking
 (
ii)
For
purposes
of'
and
inserting
the
following:

 (
ii)
DEFINITION
OF
SMALL
BUSINESS­

 (
I)
IN
GENERAL­
In';
(
C)
in
item
(
aa)
(
as
so
redesignated),
by
striking
 
150'
and
inserting
 
500';

(
D)
in
item
(
bb)
(
as
so
redesignated),
by
striking
 
gross
revenue
from
chemicals
that
did
not
exceed
$
40,000,000.'
and
inserting
 
global
gross
revenue
from
pesticides
that
did
not
exceed
$
60,000,000.';
and
(
E)
by
adding
at
the
end
the
following:

 (
II)
AFFILIATES­

 (
aa)
IN
GENERAL­
In
the
case
of
a
business
entity
with
1
or
more
affiliates,
the
gross
revenue
limit
under
subclause
(
I)(
bb)
shall
apply
to
the
gross
revenue
for
the
entity
and
all
of
the
affiliates
of
the
entity,
including
parents
and
subsidiaries,
if
applicable.

 (
bb)
AFFILIATED
PERSONS­
For
the
purpose
of
item
(
aa),
persons
are
affiliates
of
each
other
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
20
of
46
if,
directly
or
indirectly,
either
person
controls
or
has
the
power
to
control
the
other
person,
or
a
third
person
controls
or
has
the
power
to
control
both
persons.

 (
cc)
INDICIA
OF
CONTROL­
For
the
purpose
of
item
(
aa),
indicia
of
control
include
interlocking
management
or
ownership,
identity
of
interests
among
family
members,
shared
facilities
and
equipment,
and
common
use
of
employees.'.

(
4)
EXTENSION
OF
AUTHORITY
FOR
COLLECTING
MAINTENANCE
FEES­
Section
4(
i)(
5)(
H)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
i)(
5)(
H))
is
amended
by
striking
 
2003'
and
inserting
 
2008'.
(
5)
REREGISTRATION
AND
OTHER
ACTIVITIES­
Section
4(
g)(
2)
of
the
Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
g)(
2))
is
amended
 
(
A)
by
striking
subparagraph
(
A)
and
inserting
the
following:

 (
A)
IN
GENERAL­
The
Administrator
shall
make
a
determination
as
to
eligibility
for
reregistration
 
 (
i)
for
all
active
ingredients
subject
to
reregistration
under
this
section
for
which
tolerances
or
exemptions
from
tolerances
are
required
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
21
U.
S.
C.
301
et
seq.),
not
later
than
the
last
date
for
tolerance
reassessment
established
under
section
408(
q)(
1)(
C)
of
that
Act
(
21
U.
S.
C.
346a(
q)(
1)(
C));
and
 (
ii)
for
all
other
active
ingredients
subject
to
reregistration
under
this
section,
not
later
than
October
3,
2008.';

(
B)
in
subparagraph
(
B)­­

(
i)
by
striking
 (
B)
Before'
and
inserting
the
following:

 (
B)
PRODUCT­
SPECIFIC
DATA­

 (
i)
IN
GENERAL­
Before';

(
ii)
by
striking
 
The
Administrator'
and
inserting
the
following:

 (
ii)
TIMING­

 (
I)
IN
GENERAL­
Subject
to
subclause
(
II),
the
Administrator';
and
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
21
of
46
(
iii)
by
adding
at
the
end
the
following:

 (
II)
EXTRAORDINARY
CIRCUMSTANCES­
In
the
case
of
extraordinary
circumstances,
the
Administrator
may
provide
such
a
longer
period,
of
not
more
than
2
additional
years,
for
submission
of
data
to
the
Administrator
under
this
subparagraph.';
and
(
C)
in
subparagraph
(
D)­­

(
i)
by
striking
 (
D)
If'
and
inserting
the
following:

 (
D)
DETERMINATION
TO
NOT
REREGISTER­

 (
i)
IN
GENERAL­
If';
and
(
ii)
by
adding
at
the
end
the
following:

 (
ii)
TIMING
FOR
REGULATORY
ACTION­
Regulatory
action
under
clause
(
i)
shall
be
completed
as
expeditiously
as
possible.'.

(
d)
OTHER
FEES­

(
1)
IN
GENERAL­
Section
4(
i)(
6)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
i)(
6))
is
amended
 
(
A)
by
striking
 
During'
and
inserting
 
Except
as
provided
in
section
33,
during';
and
(
B)
by
striking
 
2003'
and
inserting
 
2010'.

(
2)
TOLERANCE
FEES­
Notwithstanding
section
408(
m)(
1)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
21
U.
S.
C.
346a(
m)(
1)),
the
Administrator
of
the
Environmental
Protection
Agency
shall
not
collect
any
tolerance
fees
under
that
section
during
the
period
beginning
on
the
effective
date
of
this
section
and
ending
on
September
30,
2008.

(
e)
EXPEDITED
PROCESSING
OF
SIMILAR
APPLICATIONS­
Section
4(
k)(
3)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a­
1(
k)(
3))
is
amended
 
(
1)
in
the
paragraph
heading,
by
striking
 
EXPEDITED'
and
inserting
 
REVIEW
OF
INERT
INGREDIENTS;
EXPEDITED';
and
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
22
of
46
(
2)
in
subparagraph
(
A)­­

(
A)
by
striking
 
1997'
and
all
that
follows
through
 
of
the
maintenance
fees'
and
inserting
 
2004
through
2006,
approximately
$
3,300,000,
and
for
each
of
fiscal
years
2007
and
2008,
between
1/
8
and
1/
7
,
of
the
maintenance
fees';

(
B)
by
redesignating
clauses
(
i),
(
ii),
and
(
iii)
as
subclauses
(
I),
(
II)
and
(
III),
respectively,
and
indenting
appropriately;
and
(
C)
by
striking
 
resources
to
assure
the
expedited
processing
and
review
of
any
application
that'
and
inserting
 
resources
 
 (
i)
to
review
and
evaluate
new
inert
ingredients;
and
 (
ii)
to
ensure
the
expedited
processing
and
review
of
any
application
that­­'.

(
f)
PESTICIDE
REGISTRATION
SERVICE
FEES­
The
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
136a
et
seq.)
is
amended
 
(
1)
by
redesignating
sections
33
and
34
(
7
U.
S.
C.
136x,
136y)
as
sections
34
and
35,
respectively;
and
(
2)
by
inserting
after
section
32
(
7
U.
S.
C.
136w­
7)
the
following:

 
SEC.
33.
PESTICIDE
REGISTRATION
SERVICE
FEES.
 (
a)
DEFINITION
OF
COSTS­
In
this
section,
the
term
 
costs',
when
used
with
respect
to
review
and
decisionmaking
pertaining
to
an
application
for
which
registration
service
fees
are
paid
under
this
section,
means
 
 (
1)
costs
to
the
extent
that
 
 (
A)
officers
and
employees
provide
direct
support
for
the
review
and
decisionmaking
for
covered
pesticide
applications,
associated
tolerances,
and
corresponding
risk
and
benefits
information
and
analyses;

 (
B)
persons
and
organizations
under
contract
with
the
Administrator
engage
in
the
review
of
the
applications,
and
corresponding
risk
and
benefits
information
and
assessments;
and
 (
C)
advisory
committees
and
other
accredited
persons
or
organizations,
on
the
request
of
the
Administrator,
engage
in
the
peer
review
of
risk
or
benefits
information
associated
with
covered
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
23
of
46
pesticide
applications;

 (
2)
costs
of
management
of
information,
and
the
acquisition,
maintenance,
and
repair
of
computer
and
telecommunication
resources
(
including
software),
used
to
support
review
of
pesticide
applications,
associated
tolerances,
and
corresponding
risk
and
benefits
information
and
analyses;
and
 (
3)
costs
of
collecting
registration
service
fees
under
subsections
(
b)
and
(
c)
and
reporting,
auditing,
and
accounting
under
this
section.

 (
b)
FEES­

 (
1)
IN
GENERAL­
Effective
beginning
in
fiscal
year
2004,
the
Administrator
shall
assess
and
collect
covered
pesticide
registration
service
fees
in
accordance
with
this
section.

 (
2)
COVERED
PESTICIDE
REGISTRATION
APPLICATIONS­
 (
A)
IN
GENERAL­
An
application
for
the
registration
of
a
pesticide
covered
by
this
Act
that
is
received
by
the
Administrator
on
or
after
October
1,
2003,
shall
be
subject
to
a
registration
service
fee
under
this
section.

 (
B)
EXISTING
APPLICATIONS­

 (
i)
IN
GENERAL­
Subject
to
clause
(
ii),
an
application
for
the
registration
of
a
pesticide
that
was
submitted
to
the
Administrator
before
October
1,
2003,
and
is
pending
on
the
date
of
enactment
of
the
Pesticide
Registration
Improvement
Act
of
2003,
shall
be
subject
to
a
service
fee
under
this
section
if
the
application
is
for
the
registration
of
a
new
active
ingredient
that
is
not
listed
in
the
Registration
Division
2003
Work
Plan
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency.

 (
ii)
TOLERANCE
OR
EXEMPTION
FEES­
The
amount
of
any
fee
otherwise
payable
for
an
application
described
in
clause
(
i)
under
this
section
shall
be
reduced
by
the
amount
of
any
fees
paid
to
support
the
related
petition
for
a
pesticide
tolerance
or
exemption
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
21
U.
S.
C.
301
et
seq.).

 (
C)
DOCUMENTATION­
An
application
subject
to
a
registration
service
fee
under
this
section
shall
be
submitted
with
documentation
certifying
 
 (
i)
payment
of
the
registration
service
fee;
or
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
24
of
46
 (
ii)
a
request
for
a
waiver
from
or
reduction
of
the
registration
service
fee.

 (
3)
SCHEDULE
OF
COVERED
APPLICATIONS
AND
REGISTRATION
SERVICE
FEES­

 (
A)
IN
GENERAL­
Not
later
than
30
days
after
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003,
the
Administrator
shall
publish
in
the
Federal
Register
a
schedule
of
covered
pesticide
registration
applications
and
corresponding
registration
service
fees.

 (
B)
REPORT­
Subject
to
paragraph
(
6),
the
schedule
shall
be
the
same
as
the
applicable
schedule
appearing
in
the
Congressional
Record
on
pages
S11631
through
S11633,
dated
September
17,
2003.

 (
4)
PENDING
PESTICIDE
REGISTRATION
APPLICATIONS­

 (
A)
IN
GENERAL­
An
applicant
that
submitted
a
registration
application
to
the
Administrator
before
October
1,
2003,
but
that
is
not
required
to
pay
a
registration
service
fee
under
paragraph
(
2)(
B),
may,
on
a
voluntary
basis,
pay
a
registration
service
fee
in
accordance
with
paragraph
(
2)(
B).

 (
B)
VOLUNTARY
FEE­
The
Administrator
may
not
compel
payment
of
a
registration
service
fee
for
an
application
described
in
subparagraph
(
A).
 (
C)
DOCUMENTATION­
An
application
for
which
a
voluntary
registration
service
fee
is
paid
under
this
paragraph
shall
be
submitted
with
documentation
certifying­­
 (
i)
payment
of
the
registration
service
fee;
or
 (
ii)
a
request
for
a
waiver
from
or
reduction
of
the
registration
service
fee.

 (
5)
RESUBMISSION
OF
PESTICIDE
REGISTRATION
APPLICATIONS­
If
a
pesticide
registration
application
is
submitted
by
a
person
that
paid
the
fee
for
the
application
under
paragraph
(
2),
is
determined
by
the
Administrator
to
be
complete,
and
is
not
approved
or
is
withdrawn
(
without
a
waiver
or
refund),
the
submission
of
the
same
pesticide
registration
application
by
the
same
person
(
or
a
licensee,
assignee,
or
successor
of
the
person)
shall
not
be
subject
to
a
fee
under
paragraph
(
2).
 (
6)
FEE
ADJUSTMENT­
Effective
for
a
covered
pesticide
registration
application
received
on
or
after
October
1,
2005,
the
Administrator
shall
 
 (
A)
increase
by
5
percent
the
service
fee
payable
for
the
application
under
paragraph
(
3);
and
 (
B)
publish
in
the
Federal
Register
the
revised
registration
service
fee
schedule.
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
25
of
46
 (
7)
WAIVERS
AND
REDUCTIONS­

 (
A)
IN
GENERAL­
An
applicant
for
a
covered
pesticide
registration
may
request
the
Administrator
to
waive
or
reduce
the
amount
of
a
registration
service
fee
payable
under
this
section
under
the
circumstances
described
in
subparagraphs
(
D)
through
(
G).

 (
B)
DOCUMENTATION­
 (
i)
IN
GENERAL­
A
request
for
a
waiver
from
or
reduction
of
the
registration
service
fee
shall
be
accompanied
by
appropriate
documentation
demonstrating
the
basis
for
the
waiver
or
reduction.
 (
ii)
CERTIFICATION­
The
applicant
shall
provide
to
the
Administrator
a
written
certification,
signed
by
a
responsible
officer,
that
the
documentation
submitted
to
support
the
waiver
or
reduction
request
is
accurate.
 (
iii)
INACCURATE
DOCUMENTATION­
An
application
shall
be
subject
to
the
applicable
registration
service
fee
payable
under
paragraph
(
3)
if,
at
any
time,
the
Administrator
determines
that­­
 (
I)
the
documentation
supporting
the
waiver
or
reduction
request
is
not
accurate;
or
 (
II)
based
on
the
documentation
or
any
other
information,
the
waiver
or
reduction
should
not
have
been
granted
or
should
not
be
granted.

 (
C)
DETERMINATION
TO
GRANT
OR
DENY
REQUEST­
As
soon
as
practicable,
but
not
later
than
60
days,
after
the
date
on
which
the
Administrator
receives
a
request
for
a
waiver
or
reduction
of
a
registration
service
fee
under
this
paragraph,
the
Administrator
shall
 
 (
i)
determine
whether
to
grant
or
deny
the
request;
and
 (
ii)
notify
the
applicant
of
the
determination.

 (
D)
MINOR
USES­

 (
i)
IN
GENERAL­
The
Administrator
may
waive
or
reduce
a
registration
service
fee
for
an
application
for
minor
uses
for
a
pesticide.
 (
ii)
SUPPORTING
DOCUMENTATION­
An
applicant
requesting
a
waiver
under
this
subparagraph
shall
provide
supporting
documentation
that
demonstrates,
to
the
satisfaction
of
the
Administrator,
that
anticipated
revenues
from
the
uses
that
are
the
subject
of
the
application
would
be
insufficient
to
justify
imposition
of
the
full
application
fee.

 (
E)
IR­
4
WAIVER­
The
Administrator
shall
waive
the
registration
service
fee
for
an
application
if
the
Administrator
determines
that
 
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
26
of
46
 (
i)
the
application
is
solely
associated
with
a
tolerance
petition
submitted
in
connection
with
the
Inter­
Regional
Project
Number
4
(
IR­
4)
as
described
in
section
2
of
Public
Law
89­
106
(
7
U.
S.
C.
450i(
e));
and
 (
ii)
the
waiver
is
in
the
public
interest.

 (
F)
SMALL
BUSINESSES­

 (
i)
IN
GENERAL­
The
Administrator
shall
waive
50
percent
of
the
registration
service
fees
payable
by
an
entity
for
a
covered
pesticide
registration
application
under
this
section
if
the
entity
is
a
small
business
(
as
defined
in
section
4(
i)(
5)(
E)(
ii))
at
the
time
of
application.
 (
ii)
WAIVER
OF
FEES­
The
Administrator
shall
waive
all
of
the
registration
service
fees
payable
by
an
entity
under
this
section
if
the
entity­­
 (
I)
is
a
small
business
(
as
defined
in
section
4(
i)(
5)(
E)(
ii))
at
the
time
of
application;
and
 (
II)
has
average
annual
global
gross
revenues
described
in
section
4(
i)(
5)(
E)(
ii)(
I)(
bb)
that
does
not
exceed
$
10,000,000,
at
the
time
of
application.
 (
iii)
FORMATION
FOR
WAIVER­
The
Administrator
shall
not
grant
a
waiver
under
this
subparagraph
if
the
Administrator
determines
that
the
entity
submitting
the
application
has
been
formed
or
manipulated
primarily
for
the
purpose
of
qualifying
for
the
waiver.
 (
iv)
DOCUMENTATION­
An
entity
requesting
a
waiver
under
this
subparagraph
shall
provide
to
the
Administrator­­
 (
I)
documentation
demonstrating
that
the
entity
is
a
small
business
(
as
defined
in
section
4(
i)(
5)(
E)(
ii))
at
the
time
of
application;
and
 (
II)
if
the
entity
is
requesting
a
waiver
of
all
registration
service
fees
payable
under
this
section,
documentation
demonstrating
that
the
entity
has
an
average
annual
global
gross
revenues
described
in
section
4(
i)(
5)(
E)(
ii)(
I)(
bb)
that
does
not
exceed
$
10,000,000,
at
the
time
of
application.

 (
G)
FEDERAL
AND
STATE
AGENCY
EXEMPTIONS­
An
agency
of
the
Federal
Government
or
a
State
government
shall
be
exempt
from
covered
registration
service
fees
under
this
section.

 (
8)
REFUNDS­

 (
A)
EARLY
WITHDRAWALS­
If,
during
the
first
60
days
after
the
beginning
of
the
applicable
decision
time
review
period
under
subsection
(
f)(
3),
a
covered
pesticide
registration
application
is
withdrawn
by
the
applicant,
the
Administrator
shall
refund
all
but
10
percent
of
the
total
registration
service
fee
payable
under
paragraph
(
3)
for
the
application.

 (
B)
WITHDRAWALS
AFTER
THE
FIRST
60
DAYS
OF
DECISION
REVIEW
TIME
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
27
of
46
PERIOD­
 (
i)
IN
GENERAL­
If
a
covered
pesticide
registration
application
is
withdrawn
after
the
first
60
days
of
the
applicable
decision
time
review
period,
the
Administrator
shall
determine
what
portion,
if
any,
of
the
total
registration
service
fee
payable
under
paragraph
(
3)
for
the
application
may
be
refunded
based
on
the
proportion
of
the
work
completed
at
the
time
of
withdrawal.
 (
ii)
TIMING­
The
Administrator
shall­­
 (
I)
make
the
determination
described
in
clause
(
i)
not
later
than
90
days
after
the
date
the
application
is
withdrawn;
and
 (
II)
provide
any
refund
as
soon
as
practicable
after
the
determination.

 (
C)
DISCRETIONARY
REFUNDS­
 (
i)
IN
GENERAL­
In
the
case
of
a
pesticide
registration
application
that
has
been
filed
with
the
Administrator
and
has
not
been
withdrawn
by
the
applicant,
but
for
which
the
Administrator
has
not
yet
made
a
final
determination,
the
Administrator
may
refund
a
portion
of
a
covered
registration
service
fee
if
the
Administrator
determines
that
the
refund
is
justified.
 (
ii)
BASIS­
The
Administrator
may
provide
a
refund
for
an
application
under
this
subparagraph­­
 (
I)
on
the
basis
that,
in
reviewing
the
application,
the
Administrator
has
considered
data
submitted
in
support
of
another
pesticide
registration
application;
or
 (
II)
on
the
basis
that
the
Administrator
completed
portions
of
the
review
of
the
application
before
the
effective
date
of
this
section.

 (
D)
CREDITED
FEES­
In
determining
whether
to
grant
a
refund
under
this
paragraph,
the
Administrator
shall
take
into
account
any
portion
of
the
registration
service
fees
credited
under
paragraph
(
2)
or
(
4).
 (
c)
PESTICIDE
REGISTRATION
FUND­
 (
1)
ESTABLISHMENT­
There
is
established
in
the
Treasury
of
the
United
States
a
Pesticide
Registration
Fund
to
be
used
in
carrying
out
this
section
(
referred
to
in
this
section
as
the
 
Fund'),
consisting
of­­
 (
A)
such
amounts
as
are
deposited
in
the
Fund
under
paragraph
(
2);
 (
B)
any
interest
earned
on
investment
of
amounts
in
the
Fund
under
paragraph
(
4);
and
 (
C)
any
proceeds
from
the
sale
or
redemption
of
investments
held
in
the
Fund.
 (
2)
DEPOSITS
IN
FUND­
Subject
to
paragraph
(
4),
the
Administrator
shall
deposit
fees
collected
under
this
section
in
the
Fund.
 (
3)
EXPENDITURES
FROM
FUND­
 (
A)
IN
GENERAL­
Subject
to
subparagraphs
(
B)
and
(
C)
and
paragraph
(
4),
the
Administrator
may
make
expenditures
from
the
Fund­­
 (
i)
to
cover
the
costs
associated
with
the
review
and
decisionmaking
pertaining
to
all
applications
for
which
registration
service
fees
have
been
paid
under
this
section;
and
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
28
of
46
 (
ii)
to
otherwise
carry
out
this
section.

 (
B)
WORKER
PROTECTION­
For
each
of
fiscal
years
2004
through
2008,
the
Administrator
shall
use
approximately
1/
17
of
the
amount
in
the
Fund
(
but
not
more
than
$
1,000,000,
and
not
less
than
$
750,000,
for
any
fiscal
year)
to
enhance
current
scientific
and
regulatory
activities
related
to
worker
protection.

 (
C)
NEW
INERT
INGREDIENTS­
For
each
of
fiscal
years
2004
and
2005,
the
Administrator
shall
use
approximately
1/
34
of
the
amount
in
the
Fund
(
but
not
to
exceed
$
500,000
for
any
fiscal
year)
for
the
review
and
evaluation
of
new
inert
ingredients.
 (
4)
COLLECTIONS
AND
APPROPRIATIONS
ACTS­
The
fees
authorized
by
this
section
and
amounts
deposited
in
the
Fund­­
 (
A)
shall
be
collected
and
made
available
for
obligation
only
to
the
extent
provided
in
advance
in
appropriations
Acts;
and
 (
B)
shall
be
available
without
fiscal
year
limitation.
 (
5)
UNUSED
FUNDS­
Amounts
in
the
Fund
not
currently
needed
to
carry
out
this
section
shall
be­­
 (
A)
maintained
readily
available
or
on
deposit;
 (
B)
invested
in
obligations
of
the
United
States
or
guaranteed
by
the
United
States;
or
 (
C)
invested
in
obligations,
participations,
or
other
instruments
that
are
lawful
investments
for
fiduciary,
trust,
or
public
funds.
 (
d)
ASSESSMENT
OF
FEES­
 (
1)
DEFINITION
OF
COVERED
FUNCTIONS­
In
this
subsection,
the
term
 
covered
functions'
means
functions
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency,
as
identified
in
key
programs
and
projects
of
the
final
operating
plan
for
the
Environmental
Protection
Agency
submitted
as
part
of
the
budget
process
for
fiscal
year
2002,
regardless
of
any
subsequent
transfer
of
1
or
more
of
the
functions
to
another
office
or
agency
or
the
subsequent
transfer
of
a
new
function
to
the
Office
of
Pesticide
Programs.
 (
2)
MINIMUM
AMOUNT
OF
APPROPRIATIONS­
Registration
service
fees
may
not
be
assessed
for
a
fiscal
year
under
this
section
unless
the
amount
of
appropriations
for
salaries,
contracts,
and
expenses
for
the
functions
(
as
in
existence
in
fiscal
year
2002)
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency
for
the
fiscal
year
(
excluding
the
amount
of
any
fees
appropriated
for
the
fiscal
year)
are
equal
to
or
greater
than
the
amount
of
appropriations
for
covered
functions
for
fiscal
year
2002
(
excluding
the
amount
of
any
fees
appropriated
for
the
fiscal
year).
 (
3)
USE
OF
FEES­
Registration
service
fees
authorized
by
this
section
shall
be
available,
in
the
aggregate,
only
to
defray
increases
in
the
costs
associated
with
the
review
and
decisionmaking
for
the
review
of
pesticide
registration
applications
and
associated
tolerances
(
including
increases
in
the
number
of
full­
time
equivalent
positions
in
the
Environmental
Protection
Agency
engaged
in
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
29
of
46
those
activities)
over
the
costs
for
fiscal
year
2002,
excluding
costs
paid
from
fees
appropriated
for
the
fiscal
year.
 (
4)
COMPLIANCE­
The
requirements
of
paragraph
(
2)
shall
have
been
considered
to
have
been
met
for
any
fiscal
year
if
the
amount
of
appropriations
for
salaries,
contracts,
and
expenses
for
the
functions
(
as
in
existence
in
fiscal
year
2002)
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency
for
the
fiscal
year
(
excluding
the
amount
of
any
fees
appropriated
for
the
fiscal
year)
is
not
more
than
3
percent
below
the
amount
of
appropriations
for
covered
functions
for
fiscal
year
2002
(
excluding
the
amount
of
any
fees
appropriated
for
the
fiscal
year).
 (
5)
SUBSEQUENT
AUTHORITY­
If
the
Administrator
does
not
assess
registration
service
fees
under
subsection
(
b)
during
any
portion
of
a
fiscal
year
as
the
result
of
paragraph
(
2)
and
is
subsequently
permitted
to
assess
the
fees
under
subsection
(
b)
during
the
fiscal
year,
the
Administrator
shall
assess
and
collect
the
fees,
without
any
modification
in
rate,
at
any
time
during
the
fiscal
year,
notwithstanding
any
provisions
of
subsection
(
b)
relating
to
the
date
fees
are
to
be
paid.
 (
e)
REFORMS
TO
REDUCE
DECISION
TIME
REVIEW
PERIODS­
To
the
maximum
extent
practicable
consistent
with
the
degrees
of
risk
presented
by
pesticides
and
the
type
of
review
appropriate
to
evaluate
risks,
the
Administrator
shall
identify
and
evaluate
reforms
to
the
pesticide
registration
process
under
this
Act
with
the
goal
of
reducing
decision
review
periods
in
effect
on
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
for
pesticide
registration
actions
for
covered
pesticide
registration
applications
(
including
reduced
risk
applications).
 (
f)
DECISION
TIME
REVIEW
PERIODS­
 (
1)
IN
GENERAL­
Not
later
than
30
days
after
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003,
the
Administrator
shall
publish
in
the
Federal
Register
a
schedule
of
decision
review
periods
for
covered
pesticide
registration
actions
and
corresponding
registration
service
fees
under
this
Act.
 (
2)
REPORT­
The
schedule
shall
be
the
same
as
the
applicable
schedule
appearing
in
the
Congressional
Record
on
pages
S11631
through
S11633,
dated
September
17,
2003.
 (
3)
APPLICATIONS
SUBJECT
TO
DECISION
TIME
REVIEW
PERIODS­
The
decision
time
review
periods
specified
in
paragraph
(
1)
shall
apply
to­­
 (
A)
covered
pesticide
registration
applications
subject
to
registration
service
fees
under
subsection
(
b)(
2);
 (
B)
covered
pesticide
registration
applications
for
which
an
applicant
has
voluntarily
paid
registration
service
fees
under
subsection
(
b)(
4);
and
 (
C)
covered
pesticide
registration
applications
listed
in
the
Registration
Division
2003
Work
Plan
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency.
 (
4)
START
OF
DECISION
TIME
REVIEW
PERIOD­
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
30
of
46
 (
A)
IN
GENERAL­
Except
as
provided
in
subparagraphs
(
C)
and
(
D),
in
the
case
of
a
pesticide
registration
application
accompanied
by
the
registration
service
fee
required
under
this
section,
the
decision
time
review
period
begins
21
days
after
the
date
on
which
the
Administrator
receives
the
covered
pesticide
registration
application.
 (
B)
COMPLETENESS
OF
APPLICATION­
In
conducting
an
initial
screening
of
an
application,
the
Administrator
shall
determine­­
 (
i)
whether­­
 (
I)
the
applicable
registration
service
fee
has
been
paid;
or
 (
II)
the
application
contains
a
waiver
or
refund
request;
and
 (
ii)
whether
the
application­­
 (
I)
contains
all
necessary
forms,
data,
draft
labeling,
and,
documentation
certifying
payment
of
any
registration
service
fee
required
under
this
section;
or
 (
II)
establishes
a
basis
for
any
requested
waiver
or
reduction.
 (
C)
APPLICATIONS
WITH
WAIVER
OR
REDUCTION
REQUESTS­
 (
i)
IN
GENERAL­
In
the
case
of
an
application
submitted
with
a
request
for
a
waiver
or
reduction
of
registration
service
fees
under
subsection
(
b)(
7),
the
decision
time
review
period
shall
be
determined
in
accordance
with
this
subparagraph.
 (
ii)
REQUEST
GRANTED
WITH
NO
ADDITIONAL
FEES
REQUIRED­
If
the
Administrator
grants
the
waiver
or
reduction
request
and
no
additional
fee
is
required,
the
decision
time
review
period
begins
on
the
earlier
of­­
 (
I)
the
date
on
which
the
Administrator
grants
the
request;
or
 (
II)
the
date
that
is
60
days
after
the
date
of
receipt
of
the
application.
 (
iii)
REQUEST
GRANTED
WITH
ADDITIONAL
FEES
REQUIRED­
If
the
Administrator
grants
the
waiver
or
reduction
request,
in
whole
or
in
part,
but
an
additional
registration
service
fee
is
required,
the
decision
time
review
period
begins
on
the
date
on
which
the
Administrator
receives
certification
of
payment
of
the
applicable
registration
service
fee.
 (
iv)
REQUEST
DENIED­
If
the
Administrator
denies
the
waiver
or
reduction
request,
the
decision
time
review
period
begins
on
the
date
on
which
the
Administrator
receives
certification
of
payment
of
the
applicable
registration
service
fee.
 (
D)
PENDING
APPLICATIONS­
 (
i)
IN
GENERAL­
The
start
of
the
decision
time
review
period
for
applications
described
in
clause
(
ii)
shall
be
the
date
on
which
the
Administrator
receives
certification
of
payment
of
the
applicable
registration
service
fee.
 (
ii)
APPLICATIONS­
Clause
(
i)
applies
to­­
 (
I)
covered
pesticide
registration
applications
for
which
voluntary
fees
have
been
paid
under
subsection
(
b)(
4);
and
 (
II)
covered
pesticide
registration
applications
received
on
or
after
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
but
submitted
without
the
applicable
registration
service
fee
required
under
this
section
due
to
the
inability
of
the
Administrator
to
assess
fees
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
31
of
46
under
subsection
(
d)(
1).
 (
E)
2003
WORK
PLAN­
In
the
case
of
a
covered
pesticide
registration
application
listed
in
the
Registration
Division
2003
Work
Plan
of
the
Office
of
Pesticide
Programs
of
the
Environmental
Protection
Agency,
the
decision
time
review
period
begins
November
1,
2003.
 (
5)
EXTENSION
OF
DECISION
TIME
REVIEW
PERIOD­
The
Administrator
and
the
applicant
may
mutually
agree
in
writing
to
extend
a
decision
time
review
period
under
this
subsection.
 (
g)
JUDICIAL
REVIEW­
 (
1)
IN
GENERAL­
Any
applicant
adversely
affected
by
the
failure
of
the
Administrator
to
make
a
determination
on
the
application
of
the
applicant
for
registration
of
a
new
active
ingredient
or
new
use
for
which
a
registration
service
fee
is
paid
under
this
section
may
obtain
judicial
review
of
the
failure
solely
under
this
section.
 (
2)
SCOPE­
 (
A)
IN
GENERAL­
In
an
action
brought
under
this
subsection,
the
only
issue
on
review
is
whether
the
Administrator
failed
to
make
a
determination
on
the
application
specified
in
paragraph
(
1)
by
the
end
of
the
applicable
decision
time
review
period
required
under
subsection
(
f)
for
the
application.
 (
B)
OTHER
ACTIONS­
No
other
action
authorized
or
required
under
this
section
shall
be
judicially
reviewable
by
a
Federal
or
State
court.
 (
3)
TIMING­
 (
A)
IN
GENERAL­
A
person
may
not
obtain
judicial
review
of
the
failure
of
the
Administrator
to
make
a
determination
on
the
application
specified
in
paragraph
(
1)
before
the
expiration
of
the
2­
year
period
that
begins
on
the
date
on
which
the
decision
time
review
period
for
the
application
ends.
 (
B)
MEETING
WITH
ADMINISTRATOR­
To
be
eligible
to
seek
judicial
review
under
this
subsection,
a
person
seeking
the
review
shall
first
request
in
writing,
at
least
120
days
before
filing
the
complaint
for
judicial
review,
a
decision
review
meeting
with
the
Administrator.
 (
4)
REMEDIES­
The
Administrator
may
not
be
required
or
permitted
to
refund
any
portion
of
a
registration
service
fee
paid
in
response
to
a
complaint
that
the
Administrator
has
failed
to
make
a
determination
on
the
covered
pesticide
registration
application
specified
in
paragraph
(
1)
by
the
end
of
the
applicable
decision
review
period.
 (
h)
ACCOUNTING­
The
Administrator
shall­­
 (
1)
provide
an
annual
accounting
of
the
registration
service
fees
paid
to
the
Administrator
and
disbursed
from
the
Fund,
by
providing
financial
statements
in
accordance
with­­
 (
A)
the
Chief
Financial
Officers
Act
of
1990
(
Public
Law
101­
576;
104
Stat.
2838)
and
amendments
made
by
that
Act;
and
 (
B)
the
Government
Management
Reform
Act
of
1994
(
Public
Law
103­
356;
108
Stat.
3410)
and
amendments
made
by
that
Act;
 (
2)
provide
an
accounting
describing
expenditures
from
the
Fund
authorized
under
subsection
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
32
of
46
(
c);
and
 (
3)
provide
an
annual
accounting
describing
collections
and
expenditures
authorized
under
subsection
(
d).
 (
i)
AUDITING­
 (
1)
FINANCIAL
STATEMENTS
OF
AGENCIES­
For
the
purpose
of
section
3515(
c)
of
title
31,
United
States
Code,
the
Fund
shall
be
considered
a
component
of
an
executive
agency.
 (
2)
COMPONENTS­
The
annual
audit
required
under
sections
3515(
b)
and
3521
of
that
title
of
the
financial
statements
of
activities
under
this
section
shall
include
an
analysis
of­­
 (
A)
the
fees
collected
under
subsection
(
b)
and
disbursed;
 (
B)
compliance
with
subsection
(
f);
 (
C)
the
amount
appropriated
to
meet
the
requirements
of
subsection
(
d)(
1);
and
 (
D)
the
reasonableness
of
the
allocation
of
the
overhead
allocation
of
costs
associated
with
the
review
and
decisionmaking
pertaining
to
applications
under
this
section.

 (
3)
INSPECTOR
GENERAL­
The
Inspector
General
of
the
Environmental
Protection
Agency
shall
 
 (
A)
conduct
the
annual
audit
required
under
this
subsection;
and
 (
B)
report
the
findings
and
recommendations
of
the
audit
to
the
Administrator
and
to
the
appropriate
committees
of
Congress.

 (
j)
PERSONNEL
LEVELS­
All
full­
time
equivalent
positions
supported
by
fees
authorized
and
collected
under
this
section
shall
not
be
counted
against
the
Agency­
wide
personnel
level
goals
of
the
Environmental
Protection
Agency.

 (
k)
REPORTS­

 (
1)
IN
GENERAL­
Not
later
than
March
1,
2005,
and
each
March
1
thereafter
through
March
1,
2009,
the
Administrator
shall
publish
an
annual
report
describing
actions
taken
under
this
section.

 (
2)
CONTENTS­
The
report
shall
include
 
 (
A)
a
review
of
the
progress
made
in
carrying
out
each
requirement
of
subsections
(
e)
and
(
f),
including
 
 (
i)
the
number
of
applications
reviewed,
including
the
decision
times
for
each
application
specified
in
subsection
(
f);
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
33
of
46
 (
ii)
the
number
of
actions
pending
in
each
category
of
actions
described
in
subsection
(
f)(
3),
as
well
as
the
number
of
inert
ingredients;

 (
iii)
to
the
extent
determined
appropriate
by
the
Administrator
and
consistent
with
the
authorities
of
the
Administrator
and
limitations
on
delegation
of
functions
by
the
Administrator,
recommendations
for
 
 (
I)
expanding
the
use
of
self­
certification
in
all
appropriate
areas
of
the
registration
process;

 (
II)
providing
for
accreditation
of
outside
reviewers
and
the
use
of
outside
reviewers
to
conduct
the
review
of
major
portions
of
applications;
and
 (
III)
reviewing
the
scope
of
use
of
the
notification
process
to
cover
broader
categories
of
registration
actions;
and
 (
iv)
the
use
of
performance­
based
contracts,
other
contracts,
and
procurement
to
ensure
that
 
 (
I)
the
goals
of
this
Act
for
the
timely
review
of
applications
for
registration
are
met;
and
 (
II)
the
registration
program
is
administered
in
the
most
productive
and
cost
effective
manner
practicable;

 (
B)
a
description
of
the
staffing
and
resources
relating
to
the
costs
associated
with
the
review
and
decisionmaking
pertaining
to
applications;

and
 (
C)
a
review
of
the
progress
in
meeting
the
timeline
requirements
of
section
4(
g).

 (
3)
METHOD­
The
Administrator
shall
publish
a
report
required
by
this
subsection
by
such
method
as
the
Administrator
determines
to
be
the
most
effective
for
efficiently
disseminating
the
report,
including
publication
of
the
report
on
the
Internet
site
of
the
Environmental
Protection
Agency.

 (
l)
SAVINGS
CLAUSE­
Nothing
in
this
section
affects
any
other
duties,
obligations,
or
authorities
established
by
any
other
section
of
this
Act,
including
the
right
to
judicial
review
of
duties,
obligations,
or
authorities
established
by
any
other
section
of
this
Act.

 (
m)
TERMINATION
OF
EFFECTIVENESS­
Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
108th
CONGRESS,
1st
Session
S.
1664
Page
34
of
46
 (
1)
IN
GENERAL­
Except
as
provided
in
paragraph
(
2),
the
authority
provided
by
this
section
terminates
on
September
30,
2008.

 (
2)
PHASE
OUT
 (
A)
FISCAL
YEAR
2009­
During
fiscal
year
2009,
the
requirement
to
pay
and
collect
registration
service
fees
applies,
except
that
the
level
of
registration
service
fees
payable
under
this
section
shall
be
reduced
40
percent
below
the
level
in
effect
on
September
30,
2008.

 (
B)
FISCAL
YEAR
2010­
During
fiscal
year
2010,
the
requirement
to
pay
and
collect
registration
service
fees
applies,
except
that
the
level
of
registration
service
fees
payable
under
this
section
shall
be
reduced
70
percent
below
the
level
in
effect
on
September
30,
2008.

 (
C)
SEPTEMBER
30,
2010­
Effective
September
30,
2010,
the
requirement
to
pay
and
collect
registration
service
fees
terminates.

 (
D)
DECISION
REVIEW
PERIODS­

 (
i)
PENDING
APPLICATIONS­
In
the
case
of
an
application
received
under
this
section
before
September
30,
2008,
the
application
shall
be
reviewed
in
accordance
with
subsection
(
f).

 (
ii)
NEW
APPLICATIONS­
In
the
case
of
an
application
received
under
this
section
on
or
after
September
30,
2008,
subsection
(
f)
shall
not
apply
to
the
application.'.

(
g)
CONFORMING
AMENDMENTS­
The
table
of
contents
in
section
1(
b)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
7
U.
S.
C.
prec.
136)
is
amended­­
(
1)
by
striking
the
item
relating
to
section
4(
k)(
3)
and
inserting
the
following:
 (
3)
Review
of
inert
ingredients;
expedited
processing
of
similar
applications.';
and
(
2)
by
striking
the
items
relating
to
sections
30
and
31
and
inserting
the
following:
 
Sec.
30.
Minimum
requirements
for
training
of
maintenance
applicators
and
service
technicians.
 
Sec.
31.
Environmental
Protection
Agency
minor
use
program.
 
Sec.
32.
Department
of
Agriculture
minor
use
program.
 (
a)
In
general.
 (
b)(
1)
Minor
use
pesticide
data.
 (
2)
Minor
Use
Pesticide
Data
Revolving
Fund.

 
Sec.
33.
Pesticide
registration
service
fees.
 (
a)
Definition
of
costs.
Page
35
of
46
 (
b)
Fees.
 (
1)
In
general.
 (
2)
Covered
pesticide
registration
applications.
 (
3)
Schedule
of
covered
applications
and
registration
service
fees.
 (
4)
Pending
pesticide
registration
applications.
 (
5)
Resubmission
of
pesticide
registration
applications.
 (
6)
Fee
adjustment.
 (
7)
Waivers
and
reductions.
 (
8)
Refunds.
 (
c)
Pesticide
Registration
Fund.
 (
1)
Establishment.
 (
2)
Transfers
to
Fund.
 (
3)
Expenditures
from
Fund.
 (
4)
Collections
and
appropriations
Acts.
 (
5)
Unused
funds.
 (
d)
Assessment
of
fees.
 (
1)
Definition
of
covered
functions.
 (
2)
Minimum
amount
of
appropriations.
 (
3)
Use
of
fees.
 (
4)
Compliance.
 (
5)
Subsequent
authority.
 (
e)
Reforms
to
reduce
decision
time
review
periods.
 (
f)
Decision
time
review
periods.
 (
1)
In
general.
 (
2)
Report.
 (
3)
Applications
subject
to
decision
time
review
periods.
 (
4)
Start
of
decision
time
review
period.
 (
5)
Extension
of
decision
time
review
period.
 (
g)
Judicial
review.
 (
1)
In
general.
 (
2)
Scope.
 (
3)
Timing.
 (
4)
Remedies.
 (
h)
Accounting.
 (
i)
Auditing.
 (
1)
Financial
statements
of
agencies.
 (
2)
Components.
 (
3)
Inspector
General.
 (
j)
Personnel
levels.
 (
k)
Reports.
 (
1)
In
general.
 (
2)
Contents.
 (
l)
Savings
clause.
 (
m)
Termination
of
effectiveness.
 (
1)
In
general.
Page
36
of
46
 (
2)
Phase
out.
 
Sec.
34.
Severability.
 
Sec.
35.
Authorization
for
appropriations.'.

(
h)
EFFECTIVE
DATE­
This
section
and
the
amendments
made
by
this
section
take
effect
on
October
1,
2003.
Page
37
of
46
Attachment
B
­
Federal
Register
Document
entitled:
Pesticide
Registration
Fee
Waivers;
New
Information
Collection
Activities
and
Request
for
Comments
(
69
FR
15322)
­
published
March
25,
2004.

[
Federal
Register:
March
25,
2004
(
Volume
69,
Number
58)]
[
Notices]
[
Page
15322­
15325]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr25mr04­
63]

ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP­
2004­
0092;
FRL­
7351­
8]

Pesticide
Registration
Fee
Waivers;
New
Information
Collection
Activities
and
Request
for
Comments
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act
(
PRA)
(
44
U.
S.
C.
3501
et
seq.)
this
document
announces
that
EPA
is
seeking
public
comment
on
the
following
Information
Collection
Request
(
ICR):
Pesticide
Registration
Fee
Waivers
(
EPA
ICR
No.
2147.02,
OMB
Control
No.
2070­
0167).
This
is
a
request
to
renew
an
existing
collection
activity
approved
under
the
emergency
processing
procedures
in
section
3507(
j)
of
the
PRA,
as
implemented
in
OMB
regulations
at
5
CFR
1320.13,
through
September
30,
2004.
The
ICR
describes
the
nature
of
the
information
collection
activity
and
its
expected
burden
and
costs.
Before
submitting
this
ICR
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval
under
the
PRA,
EPA
is
soliciting
comments
on
specific
aspects
of
the
collection.

DATES:
Written
comments,
identified
by
the
docket
ID
number
OPP­
2004­
0092,
must
be
received
on
or
before
May
24,
2004.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
III.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Nancy
Vogel,
Field
and
External
Affairs
Division
(
7506C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001;
telephone
number:
(
703)
305­
6475;
fax
number:
(
703)
305­
5884;
e­
mail
address:
vogel.
nancy@
epa.
gov.
Page
38
of
46
SUPPLEMENTARY
INFORMATION:

I.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
register
pesticide
products
for
food
or
feed
uses,
or
submit
petitions
for
pesticide
tolerances.
Additionally,
this
action
may
be
of
interest
to
agricultural
producers,
food
manufacturers,
or
other
pesticide
manufacturers.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:

Crop
production
(
NAICS
111),
e.
g.,
Establishments
growing
crops
mainly
for
food
and
fiber.

Animal
production
(
NAICS
112),
e.
g.,
Establishments
primarily
engaged
in
keeping,
grazing,
breeding,
or
feeding
animals.

Food
processing
(
NAICS
311),
e.
g.,
Establishments
engaged
in
transforming
livestock
and
agricultural
products
into
products
for
intermediate
or
final
consumption.

Pesticide
and
other
agricultural
chemical
manufacturing
(
NAICS
325320),
e.
g.,
Pesticide
registrants
who
sell
and
distribute
pesticide
products
to
the
general
public
in
the
United
States.

This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
above
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
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
Information
Collection
Request
document.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

II.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

A.
Docket
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP­
2004­
0092.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305­
5805.

B.
Electronic
Access
Page
39
of
46
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
  
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.

An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
  
search,''
then
key
in
  
OPP­
2004­
0092.''
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
II.
A.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.

For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

III.
How
Can
I
Respond
to
this
Action?

A.
How
and
to
Whom
Do
I
Submit
Comments?

You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
  
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
III.
B.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
Page
40
of
46
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.

i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/,
and
follow
the
online
instructions
for
submitting
comments.

Once
in
the
system,
select
  
search,''
and
then
key
in
docket
ID
number
OPP­
2004­
0092.
The
system
is
an
  
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.

ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPP­
2004­
0092.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
  
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.

iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
III.
A.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.

2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB)
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001,
Attention:
Docket
ID
Number
OPP­
2004­
0092.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
Attention:
Docket
ID
Number
OPP­
2004­
0092.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
II.
A.

B.
How
Should
I
Submit
CBI
to
the
Agency?
Page
41
of
46
Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.

In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

C.
What
Should
I
Consider
When
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

D.
What
Information
Is
EPA
Particularly
Interested
In?

Pursuant
to
section
3506(
c)(
2)(
A)
of
the
PRA,
EPA
specifically
solicits
comments
and
information
to
enable
it
to:

1.
Evaluate
whether
the
proposed
collections
of
information
are
necessary
for
the
proper
performance
of
the
functions
of
the
Agency,
including
whether
the
information
will
have
practical
utility.
2.
Evaluate
the
accuracy
of
the
Agency's
estimates
of
the
burdens
of
the
proposed
collections
of
information.
3.
Enhance
the
quality,
utility,
and
clarity
of
the
information
to
be
collected.
4.
Minimize
the
burden
of
the
collections
of
information
on
those
who
are
to
respond,
including
through
the
use
of
appropriate
automated
or
electronic
collection
technologies
or
other
forms
of
information
technology,
e.
g.,
permitting
electronic
submission
of
responses.
Page
42
of
46
IV.
What
Information
Collection
Activity
or
ICR
Does
This
Action
Apply
To?

EPA
is
seeking
comments
on
the
following
ICR:
Title:
Pesticide
Registration
Fee
Waivers.

ICR
numbers:
EPA
ICR
No.
2147.02,
OMB
Control
No.
2070­
0167.
ICR
status:
This
ICR
is
a
renewal
of
an
existing
ICR
that
is
currently
approved
by
OMB
and
is
due
to
expire
on
September
30,
2004.

Abstract:
OMB
approved
the
information
collection
activities
described
in
this
ICR
under
OMB
Control
No.
2070­
0167
on
March
16,
2004
in
response
to
EPA's
emergency
processing
request.
EPA
requested
emergency
processing
under
section
3507(
j)
of
the
PRA
(
44
U.
S.
C.
3501
et
seq.),
as
implemented
in
OMB
regulations
at
5
CFR
1320.13,
of
the
collection
of
information
necessary
for
waiving
pesticide
registration
fees
as
prescribed
in
the
newly
enacted
Pesticide
Registration
Improvement
Act
of
2003
(
PRIA).
A
copy
of
the
emergency
request
submitted
to
OMB
(
EPA
ICR
No.
2147.01)
and
the
related
OMB
action
notice
approving
that
request
has
been
placed
in
the
docket
identified
under
Docket
ID
Number
OPP­
2004­
0092.

EPA
sought
emergency
processing
of
the
existing
approval
because
the
collection
of
information
necessary
for
processing
the
fee
waiver
requests
was
needed
prior
to
the
expiration
of
the
time
periods
established
under
the
PRA.
The
collection
of
this
information
at
the
time
the
waiver
is
requested
is
necessary
for
the
Agency
to
be
able
to
waive
the
fees,
and
proceed
with
making
a
decision
on
the
related
application.
The
statute
was
enacted
on
January
23,
2004,
with
a
statutory
effective
date
of
March
23,
2004,
at
which
time
the
fee
waiver
requests
can
be
submitted
to
the
Agency.
The
statutory
implementation
time
frame
does
not
allow
the
Agency
to
follow
the
regular
process
for
ICRs
under
the
PRA,
which
includes
two
comment
periods
with
60
day
and
30
day
time
frames.
EPA
asked
OMB
to
take
action
on
the
emergency
request
within
2
work
days
of
receipt,
and
asked
that
OMB
approve
the
collection
for
the
full
180
days
permitted
by
the
regulations.

The
collection
activities
covered
by
this
ICR
will
allow
the
Agency
to
process
requests
for
waivers
of
fees
under
the
PRIA
by
ensuring
that
those
requesting
the
waivers
provide
EPA
with
appropriate
documentation
demonstrating
that
they
meet
the
waiver
criteria
established
in
the
PRIA.
The
ICR
covers
the
collection
activities
associated
with
requesting
a
fee
waiver
and
involves
requesters
submitting
a
waiver
request,
information
to
demonstrate
eligibility
for
the
waiver,
and
certification
of
eligibility.
Waivers
are
available
for
small
businesses,
for
minor
uses,
and
for
actions
solely
associated
with
the
Inter­
Regional
Research
Project
Number
4
(
IR­
4).
State
and
Federal
Agencies
are
exempt
from
the
payment
of
fees.

V.
What
are
EPA's
Burden
and
Cost
Estimates
for
This
ICR?

Under
the
PRA,
  
burden''
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
Agency.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
Page
43
of
46
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

The
ICR
provides
a
detailed
explanation
of
this
estimate,
which
is
only
briefly
summarized
in
this
notice.
The
annual
public
burden
for
this
ICR
is
estimated
to
be
21,600
hours
for
the
first
year
of
implementation,
and
18,720
hours
in
subsequent
years.
The
following
is
a
summary
of
the
estimates
taken
from
the
ICR:

Respondents/
affected
entities:
Applicants
for
pesticide
registration
actions.

Estimated
total
number
of
potential
respondents:
360
annually.

Frequency
of
response:
On
occasion.

Estimated
total/
average
number
of
responses
for
each
respondent:
1.

Estimated
total
annual
burden
hours:
21,600
hours.

Estimated
total
annual
burden
costs:
$
1,879,200.

VI.
Does
the
Proposed
Renewal
ICR
Include
Any
Changes
Over
the
Emergency
Approval?

The
burden
and
costs
estimates
are
the
same,
but
the
detailed
description
is
new.

VII.
What
Is
the
Next
Step
in
the
Process
for
This
ICR?

EPA
will
consider
the
comments
received
and
amend
the
ICR
as
appropriate.
The
final
ICR
package
will
then
be
submitted
to
OMB
for
review
and
approval
pursuant
to
5
CFR
1320.12.
EPA
will
issue
another
Federal
Register
notice
pursuant
to
5
CFR
1320.5(
a)(
1)(
iv)
to
announce
the
submission
of
the
ICR
to
OMB
and
the
opportunity
to
submit
additional
comments
to
OMB.
If
you
have
any
questions
about
this
ICR
or
the
approval
process,
please
contact
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

List
of
Subjects
Environmental
protection,
Reporting
and
recordkeeping
requirements.

Dated:
March
18,
2004.

/
signed/
Susan
B.
Hazen,
Acting
Assistant
Administrator,
Office
of
Prevention,
Pesticides
and
Page
44
of
46
Toxic
Substances.
[
FR
Doc.
04­
6699
Filed
3­
24­
04;
8:
45
am]

BILLING
CODE
6560­
50­
S
