August
31,
2004
Page
1
of
56
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
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
evaluate
waiver
requests,
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.
The
statutory
implementation
time
frame
did
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
two
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
approving
that
request
have
been
placed
in
the
docket
identified
under
Docket
ID
Number
OPP­
2004­
0092.
August
31,
2004
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2
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56
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.

A
registration
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.

A
registration
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
registration
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.

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
August
31,
2004
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56
anticipates
that
most
applications
submitted
by
the
IR­
4
program
would
qualify
for
a
waiver.
Finally,
the
statute
exempts
agencies
of
the
Federal
Government
or
a
State
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
a
waiver
of
fees
under
the
PRIA
without
delay.
The
actual
usefulness
of
the
information
to
the
Agency
is
that
the
information
collected
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
(
or,
in
the
case
of
a
partial
waiver
or
fee
reduction,
the
balance
of
the
appropriate
registration
service
fee).
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
obligation
to
grant
or
deny
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
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.
As
such,
this
information
collection
activity
does
not
duplicate
any
other
collection
of
information
by
the
federal
government.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
Pursuant
to
5
CFR
1320.8(
d),
EPA
published
a
Federal
Register
notice
on
March
25,
2004
(
69
FR
15322)
soliciting
comments
on
this
information
collection
activity
and
EPA's
intent
to
renew
the
OMB
approval
of
this
ICR.
The
comment
period
expired
May
24,
2004,
and
no
comments
were
received.

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
August
31,
2004
Page
4
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56
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.

In
addition
to
the
consultation
that
took
place
during
the
development
of
this
legislation,
EPA
conducted
telephone
interviews
with
the
following
five
registrants
(
or
their
designated
representatives)
who
have
applied
for
fee
waivers/
reductions
during
the
period
of
the
emergency
ICR:

Kirsten
Johnson
406
257
4740
Bushwacker
Backpack
&
Supply
Co.
Kalispell,
Montana
Douglass
Richards
702
735
2200
American
Pacific
Corporation
Portland,
Oregon
Jim
Messina
202
293
5374
Exponent
(
agent)
Washington,
DC
James
Kunstman
816
460
6292
PBI/
Gordon
Corporation
Kansas
City,
Missouri
Kim
Davis
970
353
0611
RegWest
(
agent)
Greeley,
Colorado
On
average,
registrants
contacted
believe
that
the
Agency's
burden
estimates
and
methodology
are
accurate
or
slightly
exaggerate
the
costs
for
the
various
activities
involved
in
preparing
a
fee
waiver/
reduction
request.
Except
in
unusual
circumstances,
where
registrants
will
seek
repeat
waivers
during
a
given
maintenance
fee
billing
cycle,
the
burden
for
these
subsequent
requests
will
be
relatively
small
in
comparison
to
the
initial
submission.
As
a
result
of
our
consultation
effort,
EPA
has
averaged
the
burden
hour
estimates
given
by
the
five
companies
consulted
and
revised
our
ICR
estimates
accordingly.

A
task
force
of
trade
associations
representing
both
large
and
small
companies
has
recently
developed
a
voluntary
form
that
could
be
used
for
applying
for
fee
waiver/
reduction
requests
under
PRIA.
The
task
force
requested
that
the
Agency
give
its
advice
as
to
whether
the
information
requested
on
the
voluntary
form
would
provide
OPP
with
all
of
the
information
that
would
generally
be
needed
in
order
to
make
a
decision
on
fee
waiver/
reduction
requests.
If
registrants
adopt
the
industry
task
force's
voluntary
form
upon
deployment,
EPA
may
ultimately
determine
that
it
should
become
an
official
component
of
a
pesticide
registration
application.
If
EPA
were
make
such
a
determination,
the
Agency
would
sponsor
the
form,
seek
OMB
approval
for
the
form,
and
subsequently
make
it
available
to
registrants.

Given
the
proprietary
nature
of
the
information
needed
(
e.
g.,
gross
global
revenues,
businesses
structures,
and
employment
levels),
the
transmission
of
this
information
via
electronic
media
may
not
be
viable
at
the
present
time.
August
31,
2004
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56
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.
For
example,
when
registrants
that
have
been
granted
a
small
business
waiver
submit
a
subsequent
small
business
request
in
the
same
maintenance
fee
billing
cycle,
they
may
incorporate
by
reference
the
previously
submitted
documentation
to
the
extent
that
the
information
continues
to
be
accurate.

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
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)).

This
collection
of
information
does
not
involve
the
use
of
automated,
electronic,
mechanical,
or
other
technological
collection
techniques
or
other
forms
of
information
technology
(
e.
g.,
permitting
electronic
submission
of
responses).
The
Government
Paperwork
Elimination
Act
(
GPEA,
see
Public
Law
105­
277,
Title
XVII)
requires
agencies,
by
October
2003,
to
provide
for
both
the
option
of
the
electronic
maintenance,
submission,
or
disclosure
of
information,
when
practicable
as
a
substitute
for
paper;
and
for
the
use
and
acceptance
of
electronic
signatures,
when
practicable.
Although
this
type
of
information
collection
may
be
a
candidate
for
electronic
reporting
in
the
future,
it
is
not
practicable
for
the
Agency
to
implement
electronic
reporting
at
this
time.

EPA
has
not
yet
promulgated
appropriate
regulations
(
i.
e.,
Cross­
Media
Electronic
Reporting
Rule)
to
address
electronic
reporting
and
electronic
signature
issues.
While
this
type
of
submission
might
be
a
candidate
for
e­
submissions
in
the
future,
after
the
promulgation
of
these
regulations,
OPP
may
not
be
able
to
make
electronic
reporting
available
for
this
information
collection.
Based
on
the
Agency's
needs,
and
on
the
Office
of
Management
and
Budget's
(
OMB)
GPEA
guidance
(
as
updated
by
OMB's
policy
on
E­
Authentication),
EPA
would
likely
require
that
any
electronically
submitted
forms
be
signed
with
an
e­
signature
technology
such
as
public
key
infrastructure
(
PKI).
As
this
information
collection
request
indicates,
both
the
basic
product
registrant
and
the
distributor
must
sign
the
required
notification.
EPA
is
currently
unaware
of
August
31,
2004
Page
6
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56
how
an
e­
signature
technology
that
offers
both
the
Agency
and
the
signatories
the
level
of
signature
security
such
as
that
offered
by
PKI
can
be
successfully
applied
to
a
document
that
requires
multiple
signatures.

3(
f)
Confidentiality
The
information
requested
to
document
fee
waiver
requests
may
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:

NAICS
Code
Category
Description
32532
Pesticide
and
other
agricultural
chemical
manufacturing
individuals
or
entities
engaged
in
activities
related
to
the
registration
of
a
pesticide
product
32518
Other
Basic
Inorganic
Chemical
Manufacturing
manufacturers
of
inorganic
chemicals
used
as
inert
ingredients
in
pesticide
products
32519
Other
Basic
Organic
Chemical
Manufacturing
manufacturers
of
organic
chemicals
used
as
inert
ingredients
in
pesticide
products.

4(
b)
Information
Requested
(
i)
Data
items,
including
record
keeping
requirements
August
31,
2004
Page
7
of
56
A
registration
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.

A
registration
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.

A
registration
applicant
seeking
an
IR­
4
waiver
must
merely
request
the
waiver
on
Form
8570­
1
(
Application
for
Pesticide
Registration,
approved
under
OMB
Control
#
2070­
0060)
and
submit
the
application
at
the
same
time
that
the
IR­
4
tolerance
petition
is
submitted.
The
Agency
will,
in
turn,
determine
whether
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
an
application
shall
be
subject
to
a
registration
service
fee
if,
at
any
time,
EPA
determines
that
(
i)
the
documentation
supporting
the
waiver
request
is
not
accurate
or
(
ii)
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
a
registration
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
The
Agency
is
expected
to
engage
in
the
following
activities:
August
31,
2004
Page
8
of
56
°
Review
and
evaluate
fee
waiver
requests.
Notify
applicant
of
decision.
°
Verify
payments.
Cross
check
payment
information
from
Financial
Management
Division.
°
Store
the
data.
Image
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
(
pp.
S11631­
S11633).
EPA
reproduced
the
table
of
categories
from
the
Congressional
Record
and
included
it
as
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
Because
the
collection
of
pesticide
registration
fees
is
a
relatively
new
requirement,
the
numbers
provided
are
estimates
rather
than
actual
program
values.
These
estimates,
however,
are
based
on
the
Agency's
experience
with
other
fee
collection
activities
(
e.
g.,
reregistration
fees
and
August
31,
2004
Page
9
of
56
maintenance
fees)
and
the
three­
months
experience
of
actual
activities
of
the
program.
Upon
the
next
renewal
of
this
ICR,
the
Agency
will
be
able
to
substitute
actual
values
and
better
hone
both
its
respondent
and
Agency
burden
estimates.

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.
EPA
reviewed
the
business
characteristics
of
the
pesticide
registrants
and
their
number
of
registration
actions
per
year
and
estimated
that
23
percent
of
1,565
(
the
average
total
number
of
annual
registration
actions
from
2001
to
2003)
as
the
number
of
potential
applicants
for
a
fee
waiver
or
reduction
per
year.

IR­
4
waiver
requests
are
not
accounted
for
in
this
burden
estimation.
To
be
eligible
for
the
IR­
4
waiver
under
PRIA,
the
application
must
be
solely
associated
with
a
tolerance
petition
submitted
by
the
IR­
4
program
and
the
waiver
must
be
in
the
public
interest.
To
facilitate
this
request,
the
applicant
may
simply
include
the
statement
"
This
application
is
being
submitted
with
a
tolerance
petition
submitted
in
connection
with
IR­
4.
I
request
EPA
to
waiver
the
registration
service
fee
for
this
application
under
the
IR­
4
waiver
provisions
of
FIFRA
Section
33(
b)(
7)(
E)."
on
Form
8570­
1
(
Application
for
Pesticide
Registration).
Burden
hours
associated
with
completing
this
form
are
already
covered
by
the
ICR
entitled
"
Application
for
New
or
Amended
Registration"
(
approved
under
OMB
Control
Number
2070­
0060).
EPA
is
not
requiring
that
registrants
submit
additional
information.
The
Agency
will
determine
whether
the
application
is
solely
associated
with
a
tolerance
petition
submitted
by
IR­
4
and
whether
the
waiver
is
in
the
public
interest.

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.

For
the
subsequent
years,
there
are
three
types
of
applications.
The
first
type
"
Type
A,"
are
first­
time
applicants
requesting
fee
waiver
or
reduction.
The
second
type
,
"
Type
B,"
are
applications
requesting
another
fee
waiver
or
reduction
within
the
same
maintenance
fee
billing
cycle.
The
third
type,
"
Type
C,"
are
applications
from
an
applicant
who
has
applied
for
a
fee
waiver
in
a
prior
maintenance
fee
billing
cycle
but
not
in
the
current
cycle.
EPA
assumes
that
the
respondents
burden
and
costs
for
the
Type
B
application
is
the
lowest
because
Type
B
applicants
will
only
need
to
certify
that
there
have
been
no
changes
to
the
information
previously
submitted
or,
in
the
alternative,
only
provide
documentation
with
respect
to
those
elements
that
have
changed.
Type
C
applications,
on
the
other
hand,
will
need
to
submit
all
the
documentation
supporting
the
waiver
request,
providing
updated
financial
and
employee
information.
EPA
assumes,
however,
that
the
cost
and
burden
on
most
Type
C
applicants
will
be
less
than
first
time
applicants
because
applicants
will
already
be
familiar
with
the
waiver
requirements
and,
in
many
cases,
should
have
a
portion
of
the
supporting
financial
and
business
affiliation
documentation
readily
available.
The
cost
and
burden
on
Type
A
applicants
will
be
the
same
as
those
for
the
first­
year
applicants.
August
31,
2004
Page
10
of
56
For
the
subsequent
years,
EPA
assumes
that
10%
(
36
out
of
360)
will
be
the
first­
time
applicants
(
Type
A).
Based
on
the
number
of
waiver
requests
EPA
has
received
from
March
to
May
2004,
49
(
15%
of
324)
waiver
application
were
projected
to
be
Type
B
applications
and
275
(
85%
of
324)
to
be
Type
C
applications.

For
the
purposes
of
determining
the
average
annual
burden
to
respondents
during
the
3
year
approval
period
for
this
ICR
renewal,
EPA
estimates
that
the
annual
burden
in
most
years
will
average
about
9,345
hours.
However,
EPA
expects
that
the
burden
in
the
first
year
(
13,320
hours)
will
be
about
3,975
hours
greater
than
in
subsequent
years.
EPA
annualized
this
difference
in
burden
by
dividing
it
by
3
and
distributing
the
burden
over
each
year
of
this
ICR
renewal
(
i.
e.;
3,975
hours
distributed
over
3
years
equals
1,325
additional
hours
per
year
above
the
typical
of
9,345
hours
of
burden
per
year).
The
annualized
difference
(
1,325
hours)
was
then
added
to
the
projected
burden
for
subsequent
years.
EPA,
therefore,
estimates
that
the
average
annual
burden
for
this
information
collection
activity
over
the
next
3
years
will
be
10,670
hours.
When
this
ICR
is
next
renewed,
EPA
expects
that
the
estimated
annual
burden
would
decline
to
about
9,345
hours.

6(
b)
Estimating
Respondent
Costs
Annual
respondent
costs
associated
with
this
information
collection
are
estimated
to
be
$
1,177,920
in
the
first
year
and
$
760,080
in
subsequent
years.
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
include
benefits
and
overhead
costs.
EPA
also
expects
that
applicants
will
incur
minor
expenses
that
are
not
directly
related
to
paperwork
activities,
such
as
the
costs
of
producing
photocopies
and
postage
costs.
EPA
estimates
that
these
costs
will
average
about
$
10
per
applicant
and
has
factored
these
costs
into
the
estimated
total
cost
figures.

For
the
purposes
of
determining
the
average
annual
paperwork
costs
to
respondents
during
the
3
year
approval
period
for
this
ICR
renewal,
EPA
estimates
that
the
annual
cost
in
most
years
will
average
about
$
760,080.
However,
EPA
expects
that
the
cost
in
the
first
year
($
1,177,920)
will
be
about
$
417,840
greater
than
in
subsequent
years.
EPA
annualized
this
difference
in
cost
by
dividing
it
by
3
and
distributing
the
cost
over
each
year
of
this
ICR
renewal
(
i.
e.;
$
417,840
distributed
over
3
years
equals
$
139,280
in
additional
costs
per
year
above
the
typical
$
760,080
in
related
costs
per
year).
The
annualized
difference
($
139,280)
was
then
added
to
the
projected
costs
for
subsequent
years.
EPA,
therefore,
estimates
that
the
average
annual
cost
of
this
information
collection
activity
over
the
next
3
years
will
be
$
899,360.
When
this
ICR
is
next
renewed,
EPA
expects
that
the
estimated
annual
cost
would
decline
to
about
$
760,080.
August
31,
2004
Page
11
of
56
Table
1:
First
Year
Respondent
Burden
and
Cost
Estimates
COLLECTION
ACTIVITY
Burden
Hours
(
per
year)
Total
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
($)

Read
regulation
and
plan
activities
7
0
0
7
910
Generate
materials
for
waiver
request
for
submission
to
EPA
0
24
0
24
2,112
Store/
maintain/
submit
and
produce
information
0
0
6
6
240
Totals
7
24
6
37
3,262
FIRST­
YEAR
PAPERWORK
BURDEN:
37
Hours/
response
x
360
responses
=
13,320
Total
Hours
$
3,262/
response
x
360
responses
=
$
1,174,320
FIRST­
YEAR
NON­
PAPERWORK
COSTS:
$
10
(
postage
and
paper
copies)
x
360
responses
=
$
3,600
TOTAL
FIRST­
YEAR
COSTS:
$
1,174,320
(
paperwork)
+
$
3,600
(
non­
paperwork)
=
$
1,177,920
August
31,
2004
Page
12
of
56
Table
2:
Subsequent
Annual
Respondent
Burden
and
Cost
Estimates
(
Type
A)

COLLECTION
ACTIVITY
Burden
Hours
(
per
year)
Total
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
($)

Read
regulation
and
plan
activities
7
0
0
7
910
Generate
materials
for
waiver
request
for
submission
to
EPA
0
24
0
24
2,112
Store/
maintain/
submit
and
produce
information
0
0
6
6
240
Totals
7
24
6
37
3,262
SUBSEQUENT
YEAR
RESPONDENT
BURDEN
(
TYPE
A):
37
Hours/
response
x
36
responses
=
1,332
Total
Hours
$
3,262/
response
x
36
responses
=
$
117,432
SUBSEQUENT
YEAR
NON­
PAPERWORK
(
TYPE
A):
$
10
(
postage
and
paper
copies)
x
36
responses
=
$
360
TOTAL
SUBSEQUENT
YEAR
COSTS
(
TYPE
A):
$
117,432
(
paperwork)
+
$
360
(
non­
paperwork)
=
$
117,792
August
31,
2004
Page
13
of
56
Table
3:
Subsequent
Annual
Respondent
Burden
and
Cost
Estimates
(
Type
B)

COLLECTION
ACTIVITY
Burden
Hours
(
per
year)
Total
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
($)

Read
regulation
and
plan
activities
2
0
0
2
260
Generate
materials
for
waiver
request
for
submission
to
EPA
0
4
0
4
352
Store/
maintain/
submit
and
produce
information
0
0
6
6
240
Totals
2
4
6
12
852
SUBSEQUENT
YEAR
RESPONDENT
BURDEN
(
TYPE
B):
12
hours/
response
x
49
responses
=
588
hours
$
852/
response
x
49
responses
=
$
41,748
SUBSEQUENT
YEAR
NON­
PAPERWORK
(
TYPE
B):
$
10
(
postage
and
paper
copies)
x
49
responses
=
$
490
TOTAL
SUBSEQUENT
YEAR
COSTS
(
TYPE
B):
$
41,748
(
paperwork)
+
$
490
(
non­
paperwork)
=
$
42,238
August
31,
2004
Page
14
of
56
Table
4:
Subsequent
Annual
Respondent
Burden
and
Cost
Estimates
(
Type
C)

COLLECTION
ACTIVITY
Burden
Hours
(
per
year)
Total
Mgmt.
$
130/
hr
Tech.
$
88/
hr
Cler.
$
40/
hr
Hours
Costs
($)

Read
regulation
and
plan
activities
2
0
0
2
260
Generate
materials
for
waiver
request
for
submission
to
EPA
0
19
0
19
1,672
Store/
maintain/
submit
and
produce
information
0
0
6
6
240
Totals
2
19
6
27
2,172
SUBSEQUENT
YEAR
RESPONDENT
BURDEN
(
TYPE
C):
27
hours/
response
x
275
responses
=
7,425
hours
$
2,172/
response
x
275
responses
=
$
597,300
SUBSEQUENT
YEAR
NON­
PAPERWORK
(
TYPE
C):
$
10
(
postage
and
paper
copies)
x
275
responses
=
$
2,750
TOTAL
SUBSEQUENT
YEAR
COSTS
(
TYPE
B):
$
597,300
(
paperwork)
+
$
2,750
(
non­
paperwork)
=
$
600,050
August
31,
2004
Page
15
of
56
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
associated
with
processing
of
the
waiver
application
is
estimated
to
be
$
586,080
per
year.
The
labor
rates
are
based
on
Office
of
Personnel
Management
salary
tables
for
federal
employees
and
are
rounded
to
the
nearest
dollar
and
include
benefits
and
overhead
costs,
as
well
as
locality
pay
for
the
Washington,
DC­
Baltimore
area.

TABLE
4:
ANNUAL
AGENCY
BURDEN
AND
COST
ESTIMATES
COLLECTION
ACTIVITY
Burden
Hours
(
per
year)
Total
Mgmt.
$
96/
hr
Tech.
$
70/
hr
Cler.
$
33/
hr
Hours
Costs
($)

Review
submitted
waiver
request
and
notify
requestor
of
decision
1.0
20.0
2.0
23.0
1,562.00
Enter
data
into
tracking
systems
0.0
0.0
0.5
0.5
16.50
Verify
payment
0.0
0.0
0.5
0.5
16.50
Store/
maintain/
submit
information
0.0
0.0
1.0
1.0
33.00
Totals
1.0
20.0
4.0
25.0
1,628
ANNUAL
BURDEN:
25
hours/
response
x
360
responses
=
9,000
Hours
ANNUAL
COSTS:
$
1,628/
response
x
360
responses
=
$
586,080
August
31,
2004
Page
16
of
56
6(
d)
Bottom
Line
Burden
Hour
and
Cost
Tables
Table
5:
Total
Burden
and
Cost
Estimates
TOTAL
ESTIMATES
Hours
Costs
Applicant
­
First
Year
13,320
$
1,177,920
Applicant
­
Subsequent
years
(
Type
A
+
Type
B
+
Type
C)
9,345
$
760,080
Type
A
1,332
$
117,792
Type
B
588
$
42,238
Type
C
7,425
$
600,050
Agency
­
Annual
9,000
$
586,080
Table
6:
Annual
Respondent
Burden
Hours
Costs($)

Annualized
Difference
Between
"
First
Year"
and
"
Typical
Year"
Burden
and
Cost
1,325
139,280
"
Typical
Year"
Burden
and
Cost
9,345
760,080
Total
10,670
899,360
6(
e)
Reasons
for
Change
in
Burden
The
average
estimated
respondent
burden
for
this
ICR
has
decreased
10,930
hours,
from
21,600
hours
to
10,670
hours,
for
two
reasons:
(
1)
as
a
result
of
our
consultation
efforts,
EPA
has
averaged
the
number
of
hours
registrants
estimate
it
will
take
them
to
complete
the
fee
waiver
application
process;
and
(
2)
EPA
has
refined
its
burden
hour
estimates
for
subsequent
years
to
include
three
separate
categories
of
fee
waiver
applications
(
Types
A,
B,
and
C,
above)
and
the
reduced
burden
associated
with
Types
B
and
C.

6(
f)
Burden
Statement
The
public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
37
hours
per
response
in
the
first
year
and
about
26
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
August
31,
2004
Page
17
of
56
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
(
see
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,
1801
S.
Bell
St.,
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.

An
electronic
version
of
the
public
docket
for
this
ICR
renewal
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPP­
2004­
0092
and
OMB
Control
No.
2070­
0167
in
any
correspondence.

ATTACHMENTS
TO
THE
SUPPORTING
STATEMENT:

Attachment
A
Pesticide
Registration
Improvement
Act
of
2003
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement
and
can
also
be
accessed
via
the
Internet
at
http://
www.
epa.
gov/
pesticides/
regulating/
fees/
index.
htm.

Attachment
B
69
FR
15322
­
Pesticide
Registration
Fee
Waivers;
New
Information
Collection
Activities
and
Request
for
Comments
(
published
March
25,
2004)
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement
and
can
also
be
accessed
via
the
Internet
at
http://
www.
epa.
gov/
fedrgstr/
EPA­
PEST/
2004/
March/
Day­
25/
p6699.
htm.

Attachment
C
Categories
of
Registration
Requiring
Fees
under
the
PRIA
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.

Attachment
D
ICR
Renewal
Consultation
Questions
and
Summary
of
Feedback
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.
August
31,
2004
Page
18
of
56
EPA
ICR
No.
2147.02
OMB
Control
No.
2070­
0167
ATTACHMENT
A
Pesticide
Registration
Improvement
Act
of
2003
August
31,
2004
Page
19
of
56
Pesticide
Registration
Improvement
Act
of
2003
Title
V
of
the
Departments
of
Veterans
Affairs
and
Housing
and
Urban
Development,
and
Independent
Agencies
Appropriations
Act,
2004
(
P.
L
108­
199,
Division
G,
Title
V)

TITLE
V
 
PESTICIDE
PRODUCTS
AND
FEES
SEC.
501.
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).".
(
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
 
August
31,
2004
Page
20
of
56
"(
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
(
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
(
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
August
31,
2004
Page
21
of
56
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
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
(
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:
August
31,
2004
Page
22
of
56
"(
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)),
during
the
period
beginning
on
the
effective
date
of
this
section
and
ending
on
September
30,
2008,
the
Administrator
of
the
Environmental
Protection
Agency
shall
not
collect
any
tolerance
fees
under
that
section.
(
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
(
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
18
and
17,
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
August
31,
2004
Page
23
of
56
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
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
on
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
[
March
23,
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
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
[
March
23,
2004]
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
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
[
March
23,
2004]
and
is
pending
on
that
effective
date
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
"(
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
[
March
23,
2004],
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
August
31,
2004
Page
24
of
56
S11633,
dated
September
17,
2003.
"(
4)
PENDING
PESTICIDE
REGISTRATION
APPLICATIONS.
 
"
(
A)
IN
GENERAL.
 
An
applicant
that
submitted
a
registration
application
to
the
Administrator
before
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
[
March
23,
2004],
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.
"(
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.
August
31,
2004
Page
25
of
56
"(
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
 
"
(
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
August
31,
2004
Page
26
of
56
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
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
August
31,
2004
Page
27
of
56
(
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
"(
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.
 
For
fiscal
years
2004,
2005,
and
2006
only,
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
August
31,
2004
Page
28
of
56
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
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
[
March
23,
2004]
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
[
March
23,
2004],
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.
August
31,
2004
Page
29
of
56
"(
4)
START
OF
DECISION
TIME
REVIEW
PERIOD.
 
"
(
A)
IN
GENERAL.
 
Except
as
provided
in
subparagraphs
(
C),
(
D),
and
(
E),
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
[
March
August
31,
2004
Page
30
of
56
23,
2004]
but
submitted
without
the
applicable
registration
service
fee
required
under
this
section
due
to
the
inability
of
the
Administrator
to
assess
fees
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
on
the
date
that
is
30
days
after
the
effective
date
of
the
Pesticide
Registration
Improvement
Act
of
2003
[
March
23,
2004].
"(
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;
August
31,
2004
Page
31
of
56
"(
2)
provide
an
accounting
describing
expenditures
from
the
Fund
authorized
under
subsection
(
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);
"(
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
August
31,
2004
Page
32
of
56
"(
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.
 
"
(
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.";
August
31,
2004
Page
33
of
56
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.
"(
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.
August
31,
2004
Page
34
of
56
"(
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.
"(
2)
Phase
out.
"
Sec.
34.
Severability.
"
Sec.
35.
Authorization
for
appropriations.".
(
h)
EFFECTIVE
DATE.
 
Except
as
otherwise
provided
in
this
section
and
the
amendments
made
by
this
section,
this
section
and
the
amendments
made
by
this
section
take
effect
on
the
date
that
is
60
days
after
the
date
of
enactment
of
this
Act
[
March
23,
2004].
This
division
may
be
cited
as
the
``
Departments
of
Veterans
Affairs
and
Housing
and
Urban
Development,
and
Independent
Agencies
Appropriations
Act,
2004".
August
31,
2004
Page
35
of
56
EPA
ICR
No.
2147.02
OMB
Control
No.
2070­
0167
ATTACHMENT
B
Pesticide
Registration
Fee
Waivers;
New
Information
Collection
Activities
and
Request
for
Comments
(
69
FR
15322;
March
25,
2004)
August
31,
2004
Page
36
of
56
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)
August
31,
2004
Page
37
of
56
305­
5884;
e­
mail
address:
vogel.
nancy@
epa.
gov.

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,
1801
S.
Bell
St.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
August
31,
2004
Page
38
of
56
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305­
5805.

B.
Electronic
Access
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
August
31,
2004
Page
39
of
56
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.

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,
August
31,
2004
Page
40
of
56
Rm.
119,
Crystal
Mall
2,
1801
S.
Bell
St.,
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?

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
August
31,
2004
Page
41
of
56
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.

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
August
31,
2004
Page
42
of
56
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
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.
August
31,
2004
Page
43
of
56
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
Toxic
Substances.
[
FR
Doc.
04­
6699
Filed
3­
24­
04;
8:
45
am]

BILLING
CODE
6560­
50­
S
August
31,
2004
Page
44
of
56
EPA
ICR
No.
2147.02
OMB
Control
No.
2070­
0167
ATTACHMENT
C
Categories
of
Registration
Requiring
Fees
under
the
PRIA
August
31,
2004
Page
45
of
56
Attachment
C
­
Pesticide
Fee
Categories
A
B
CDEFG
H
1
Decision
Times
(
months)

2
Div.
Action
/
1/
FY04
FY05
FY06
FY07
FY08
Fee
3
BPPD
new
ai,
food
use,
microbial/
biochemical,
w/
tolerance
/
2/
18
18
18
18
18
$
40,000
4
BPPD
new
ai,
food
use,
microbial/
biochemical,
w/
exemption
/
2/
16
16
16
16
16
$
25,000
5
BPPD
new
ai,
food
use,
microbial/
biochemical
/
2/
12
12
12
12
12
$
15,000
6
BPPD
EUP,
food
use;
microbial/
biochemical,
w/
temp.
tol.
exemp.
9
9
9
9
9
$
10,000
7
BPPD
EUP,
non­
food
use;
microbial/
biochemical
6
6
6
6
6
$
5,000
8
BPPD
New
use,
first
food
use,
microbial/
biochemical,
w/
exemption
12
12
12
12
12
$
10,000
9
BPPD
New
use,
first
food
use,
microbial/
biochemical,
w/
tolerance
/
2/
18
18
18
18
18
$
15,000
10
BPPD
New
use,
non­
food,
microbial/
biochemical
6
6
6
6
6
$
5,000
11
BPPD
New
product,
me­
too,
fast
track,
microbial/
biochemical
3
3
3
3
3
$
1,000
12
BPPD
New
product,
non­
fast
track,
microbial/
biochemical
6
6
4
4
4
$
4,000
13
BPPD
Amendment,
non­
fast
track,
microbial/
biochemical
/
3/
6
6
4
4
4
$
4,000
14
BPPD
SCLP,
new
ai,
food
use
or
non­
food
use
/
2/
6
6
6
6
6
$
2,000
15
BPPD
SCLP,
EUP
(
new
ai
or
new
use)
6
6
6
6
6
$
1,000
16
BPPD
SCLP,
new
product,
me­
too,
fast
track
3
3
3
3
3
$
1,000
17
BPPD
SCLP,
new
product,
non­
fast
track
6
6
4
4
4
$
1,000
18
BPPD
SCLP,
amendment,
non­
fast
track
/
3/
6
6
4
4
4
$
1,000
19
BPPD
PIP,
EUP,
non­
food/
feed
or
crop
destruct,
no
SAP
(
submitted
before
new
ai
package,
$
25K
credit
toward
new
ai
registration)
12
12
6
6
6
$
75,000
20
BPPD
PIP,
EUP,
set
temp.
tolerance/
exemption,
no
SAP
(
submitted
before
new
ai
package,
$
50K
credit
toward
new
ai
registration)
12
12
9
9
9
$
100,000
21
BPPD
PIP,
EUP,
new
ai,
non­
food/
feed
or
crop
destruct,
SAP
required
(
submitted
before
new
ai
package,
$
75K
credit
toward
new
ai
registration)
15
15
12
12
12
$
125,000
22
BPPD
PIP,
EUP,
new
ai,
set
temp.
tolerance/
exemption,
SAP
required
(
submitted
before
new
ai
package,
$
100K
credit
toward
new
ai
registration)
18
18
15
15
15
$
150,000
23
BPPD
PIP,
register
new
ai,
non­
food/
feed,
no
SAP
18
18
12
12
12
$
125,000
24
BPPD
PIP,
register
new
ai,
non­
food/
feed,
SAP
required
24
24
18
18
18
$
225,000
25
BPPD
PIP,
register
new
ai,
temp.
tolerance/
exemption
exists,
no
SAP
18
18
12
12
12
$
200,000
26
BPPD
PIP,
register
new
ai,
temp.
tolerance/
exemption
exists,
SAP
required
24
24
18
18
18
$
300,000
27
BPPD
PIP,
register
new
ai,
set
temp.
tolerance/
exemption,
no
SAP
21
21
15
15
15
$
250,000
28
BPPD
PIP,
register
new
ai,
with
EUP
request,
set
tolerance/
exemption,
no
SAP
21
21
15
15
15
$
300,000
29
BPPD
PIP,
register
new
ai,
set
tolerance/
exemption,
SAP
required
24
24
21
21
21
$
350,000
30
BPPD
PIP,
register
new
ai,
with
EUP
request,
set
tolerance/
exemption,
SAP
required
24
24
21
21
21
$
400,000
31
BPPD
EUP,
food
use,
PIP,
amendment
/
3/
6
6
6
6
6
$
10,000
August
31,
2004
A
B
CDEFG
H
1
Decision
Times
(
months)

2
Div.
Action
/
1/
FY04
FY05
FY06
FY07
FY08
Fee
Page
46
of
56
32
BPPD
PIP,
new
use
/
4/
9
9
9
9
9
$
30,000
33
BPPD
PIP,
new
product
/
5/
12
12
9
9
9
$
25,000
34
BPPD
PIP,
amendment,
seed
production
to
commercial
registration
15
15
12
9
9
$
50,000
35
BPPD
PIP,
amendment,
non­
fast
track
(
except
34
above)
/
3/
6
6
6
6
6
$
10,000
36
AD
new
ai,
food
use,
exemption
/
2/
35
24
24
24
24
$
90,000
37
AD
new
ai,
food
use,
tolerance
/
2/
35
24
24
24
24
$
150,000
38
AD
new
ai,
non­
food
use,
outdoor,
FIFRA
§
2(
mm)
uses
/
2/
FIFRA
§
3(
h)
decision
times
$
75,000
39
AD
new
ai,
non­
food
use,
outdoor,
other
uses
/
2/
31
21
21
21
21
$
150,000
40
AD
new
ai,
non­
food
use,
indoor,
FIFRA
§
2(
mm)
uses
/
2/
FIFRA
§
3(
h)
decision
times
$
50,000
41
AD
new
ai,
non­
food
use,
indoor,
other
uses
/
2/
29
20
20
20
20
$
75,000
42
AD
New
use,
first
food,
exemption
/
2/
29
21
21
21
21
$
25,000
43
AD
New
use,
first
food,
tolerance
/
2/
29
21
21
21
21
$
75,000
44
AD
New
use,
food,
exemption
24
15
15
15
15
$
10,000
45
AD
New
use,
food,
tolerance
24
15
15
15
15
$
25,000
46
AD
New
use,
non­
food,
outdoor,
FIFRA
§
2(
mm)
uses
FIFRA
§
3(
h)
decision
times
$
15,000
47
AD
New
use,
non­
food,
outdoor,
other
uses
24
15
15
15
15
$
25,000
48
AD
New
use,
non­
food,
indoor,
FIFRA
§
2(
mm)
uses
FIFRA
§
3(
h)
decision
times
$
10,000
49
AD
New
use,
non­
food,
indoor,
other
uses
20
12
12
12
12
$
10,000
50
AD
EUP
9
9
9
9
9
$
5,000
51
AD
New
product,
me­
too,
fast
track
3
3
3
3
3
$
1,000
52
AD
New
product,
non­
fast
track,
FIFRA
§
2(
mm)
uses
FIFRA
§
3(
h)
decision
times
$
4,000
53
AD
New
product,
non­
fast
track,
other
uses
8
6
6
6
6
$
4,000
54
AD
New
manufacturing­
use
product,
old
ai,
selective
citation
24
18
12
12
12
$
15,000
55
AD
Amendment,
non­
fast
track
/
3/
6
4
4
4
4
$
3,000
56
RD
new
ai,
food
use
/
2/
38
34
24
24
24
$
475,000
57
RD
new
ai,
food
use,
reduced
risk
/
2/
32
26
21
21
21
$
475,000
58
RD
new
ai,
food
use,
with
EUP
request
(
decision
time
for
EUP
and
temp
tolerance
same
as
below)
/
2/
38
24
24
24
24
$
525,000
59
RD
new
ai,
food
use,
EUP,
set
temp.
tolerance,
(
submitted
before
new
ai
package;
$
300K
credited
toward
new
ai
registration)
32
28
18
18
18
$
350,000
60
RD
new
ai,
food
use,
outdoor,
submitted
post­
EUP
(
decision
time
begins
after
EUP
and
temp.
tolerance
are
granted)
/
2/
28
24
14
14
14
$
175,000
61
RD
new
ai,
non­
food
use,
outdoor
/
2/
32
28
21
21
21
$
330,000
62
RD
new
ai,
non­
food
use,
outdoor,
reduced
risk
/
2/
26
22
18
18
18
$
330,000
63
RD
new
ai,
non­
food
use,
outdoor,
with
EUP
request
(
decision
time
for
EUP
same
as
below)
/
2/
32
28
21
21
21
$
365,000
August
31,
2004
A
B
CDEFG
H
1
Decision
Times
(
months)

2
Div.
Action
/
1/
FY04
FY05
FY06
FY07
FY08
Fee
Page
47
of
56
64
RD
new
ai,
non­
food
use,
outdoor,
EUP
(
submitted
before
complete
new
ai
package,
$
210K
credited
toward
new
ai)
27
23
16
16
16
$
245,000
65
RD
new
ai,
non­
food
use,
outdoor,
submitted
post­
EUP
(
decision
time
begins
after
EUP
has
been
granted)
/
2/
24
20
12
12
12
$
120,000
66
RD
new
ai,
non­
food
use,
indoor
/
2/
30
26
20
20
20
$
190,000
67
RD
new
ai,
non­
food
use,
indoor,
reduced
risk
/
2/
26
22
17
17
17
$
190,000
68
RD
First
food
use,
indoor
food/
food
handling
/
2/
30
24
21
21
21
$
150,000
69
RD
New
use,
indoor
food/
food
handling
30
24
21
15
15
$
35,000
70
RD
New
use,
first
food
use
/
2/
32
26
21
21
21
$
200,000
71
RD
New
use,
first
food
use,
reduced
risk
/
2/
28
22
18
18
18
$
200,000
72
RD
New
food
use,
each
38
30
22
15
15
$
50,000
73
RD
New
food
use,
reduced
risk,
each
36
28
20
12
12
$
50,000
74
RD
New
food
uses,
bundled,
6
or
more
38
30
22
15
15
$
300,000
75
RD
New
food
uses,
reduced
risk,
bundled,
6
or
more
36
28
20
12
12
$
300,000
76
RD
New
food
use,
EUP,
temp
tolerance
(
no
credit
toward
new
use
registration)
35
27
19
12
12
$
37,000
77
RD
New
food
use,
EUP,
crop
destruct
8
8
6
6
6
$
15,000
78
RD
New
use,
non­
food,
outdoor
28
24
20
15
15
$
20,000
79
RD
New
use,
non­
food,
outdoor,
reduced
risk
26
22
18
12
12
$
20,000
80
RD
New
use,
non­
food,
outdoor,
EUP
(
no
credit
toward
new
use
registration)
8
8
6
6
6
$
15,000
81
RD
New
use,
non­
food,
indoor
24
18
12
12
12
$
10,000
82
RD
New
use,
non­
food,
indoor,
reduced
risk
22
16
9
9
9
$
10,000
83
RD
Import
tolerance,
new
ai
or
first
food
use
/
2/
38
30
21
21
21
$
250,000
84
RD
Import
tolerance,
new
food
use
38
30
22
15
15
$
50,000
85
RD
New
product,
me­
too,
fast
track
3
3
3
3
3
$
1,000
86
RD
New
product,
non­
fast
track
(
includes
reviews
of
product
chemistry,
acute
toxicity,
public
health
pest
efficacy)
10
8
6
6
6
$
4,000
87
RD
New
product,
non­
fast
track,
new
physical
form
(
excludes
selective
citiations)
16
14
12
12
12
$
10,000
88
RD
New
manufacturing­
use
product,
old
ai,
selective
citation
24
18
12
12
12
$
15,000
89
RD
Amendment,
non­
fast
track
(
includes
changes
to
precautionary
label
statements,
source
changes
to
an
unregistered
source)
/
3/
6
5
4
4
4
$
3,000
90
RD
Amendment,
non­
fast
track
(
changes
to
REI,
PPE,
PHI,
rate
&
no.
of
applications;
add
aerial
application;
modify
GW/
SW
advisory
statement)
/
3/
20
16
12
8
8
$
10,000
91
RD
Amendment,
non­
fast
track,
isomers
22
20
18
18
18
$
240,000
92
RD
Cancer
reassessment,
applicant­
initiated
22
20
18
18
18
$
150,000
August
31,
2004
A
B
CDEFG
H
1
Decision
Times
(
months)

2
Div.
Action
/
1/
FY04
FY05
FY06
FY07
FY08
Fee
Page
48
of
56
93
94
/
1/
Abbreviations:
AD
=
Antimicrobial
Division;
ai
=
active
ingredient;
BPPD
=
Biopesticide
and
Pollution
Prevention
Division;
EUP
=
experimental
use
permit;
fast
track
=
qualifies
for
expedited
processing
under
FIFRA
§
3(
c)(
3)(
B)(
i)(
I);
me­
too
=
new
product
registration
of
already
registered
active
ingredient;
GW/
SW
=
ground
water/
surface
water;
PHI
=
pre­
harvest
interval;
PIP
=
plant­
incorporated
protectant;
PPE
=
personal
protective
equipment;
RD
=
Registration
Division;
REI
=
restricted
entry
interval
;
SAP
=
FIFRA
Science
Advisory
Panel
meeting;
SCLP
=
straight­
chain
lepidopteran
pheromone
95
/
2/
All
uses
(
food
and
non­
food)
included
in
any
original
application
or
petition
for
a
new
active
ingredient
or
a
first
food
use
are
covered
by
the
base
fee
for
that
application.

96
/
3/
EPA­
initiated
amendments
shall
not
be
charged
fees.

102
/
4/
Example:
transfer
of
existing
PIP
trait
by
traditional
breeding,
such
as
from
field
scorn
to
sweet
corn.

103
/
5/
Example:
stacking
PIP
traits
within
a
crop
using
traditional
breeding
techniques.
August
31,
2004
Page
49
of
56
EPA
ICR
No.
2147.02
OMB
Control
No.
2070­
0167
ATTACHMENT
D
ICR
Renewal
Consultation
Questions
and
Summary
of
Feedback
August
31,
2004
Page
50
of
56
Attachment
D
­
ICR
Renewal
Consultation
Questions
and
Summary
of
Feedback
Company
Name:
Bushwacker
Backpack
&
Supply
Name
of
person
spoken
to:
Kirsten
Johnson
Date:
6/
16/
2004
Q:
When
preparing
your
waiver
request
did
you
consult
the
Questions
and
Answers
on
the
EPA
website?
A:
Yes
Q:
If
yes,
did
you
find
it
helpful
and
informative?
A:
She
had
to
call
for
clarification.

Q:
What
improvements
or
clarifications
would
you
like
to
see?
A:
She
didn't
find
it
clear
on
how
to
submit.
The
person
she
spoke
with
told
her
she
had
to
fill
out
the
registration
form
and
told
her
to
use
the
explanation
portion
to
request
the
waiver
and
voluntary
payment.

Q:
Are
you
aware
of
the
industry
generated
form?
A:
No
Q:
Would
you
use
the
industry
generated
form?
If
no,
why
not?
A:
She
would
have
at
least
used
it
as
a
reference.

Labor
Rates:

Q:
Would
you
say
the
following
labor
rates
are
accurate?
$
130/
hr
management;
$
88/
hr
technical
staff;
$
40/
hr
clerical
!
The
agency
methodology
for
estimating
the
cost
and
burden
associated
with
the
paperwork
involved
with
preparing
your
waiver
request
is
the
following
Management:
reading
and
comprehending
the
regulations,
planning
activities
to
submit
the
waiver
request:
10
hrs;
Subsequent
submissions:
2
hrs
A:
She
agrees
Technical:
locating
and
preparing
copies
of
taxes,
audits,
payroll
account
statements,
any
market
analysis,
etc.?
10
hrs;
Subsequent
submissions:
10
hrs
Preparing
the
tax
documents
was
easy.
Her
affiliate
chart
took
the
most
time.

Clerical:
preparing
the
submission
10
hrs;
Subsequent
submissions
10hrs
Q:
Did
we
miss
anything?
A:
If
she
had
known
about
the
form
it
may
have
sped
things
up
for
her.
August
31,
2004
Page
51
of
56
Company
Name:
American
Pacific
Corp.
Name
of
person
consulted:
Douglas
Richards
Date:
6/
16/
2004
Q:
When
preparing
your
waiver
request
did
you
consult
the
Questions
and
Answers
on
the
EPA
website?
A:
No.
He
just
read
the
requirements
in
the
statute.

Q:
If
yes,
did
you
find
it
helpful
and
informative?

Q:
What
improvements
or
clarifications
would
you
like
to
see?

Q:
Are
you
aware
of
the
industry
generated
form?

Q:
Would
you
use
the
industry
generated
form?
If
no
why
not?

Labor
Rates:

Q:
Would
you
say
the
following
labor
rates
are
accurate?
$
130/
hr
management;
$
88/
hr
technical
staff;
$
40/
hr
clerical
!
The
agency
methodology
for
estimating
the
cost
and
burden
associated
with
the
paperwork
involved
with
preparing
your
waiver
request
is
the
following
Management:
reading
and
comprehending
the
regulations,
planning
activities
to
submit
the
waiver
request
Subsequent
submissions
see
below
Technical:
locating
and
preparing
copies
of
taxes,
audits,
payroll
account
statements,
any
market
analysis,
etc.?
Subsequent
submissions
see
below
Clerical:
preparing
the
submission
Subsequent
submissions
Mr.
Richards
said
the
entire
submission
took
about
2­
3
hrs
to
read
and
collect
the
information
and
to
make
the
copies
for
us.
He
said
they
are
a
very
small
business
and
the
files
are
kept
right
in
the
office
and
he
has
easy
access
to
everything.
We
asked
Mr.
Richards
how
long
it
took
him
to
assemble
the
information
on
whether
or
not
they
had
a
parent
company.
He
said
that
information
took
about
an
hour
to
collect.

Q:
Did
we
miss
anything?
August
31,
2004
Page
52
of
56
Company
Name:
Exponent,
Agent
for
SePro
and
Ajay
North
America
Name
of
person
consulted:
Jim
Messina
Date:
6/
9/
2004
Q:
When
preparing
your
waiver
request
did
you
consult
the
Questions
and
Answers
on
the
EPA
website?
A:
Yes
Q:
If
yes,
did
you
find
it
helpful
and
informative?
A:
Yes
Q:
What
improvements
or
clarifications
would
you
like
to
see?
A:
Feedback
he
has
received
from
Rick
Keigwin
(
EPA/
OPP)
has
been
very
helpful
Q:
Are
you
aware
of
the
industry
generated
form?
A:
No
Q:
Would
you
use
the
industry
generated
form?
If
no,
why
not?

Labor
Rates:

Q:
Would
you
say
the
following
labor
rates
are
accurate?
$
130/
hr
management;
$
88/
hr
technical
staff;
$
40/
hr
clerical
!
The
agency
methodology
for
estimating
the
cost
and
burden
associated
with
the
paperwork
involved
with
preparing
your
waiver
request
is
the
following
:

Management:
reading
and
comprehending
the
regulations,
planning
activities
to
submit
the
waiver
request:
10
hrs;
Subsequent
submissions:
2
hrs
Agrees
Technical:
locating
and
preparing
copies
of
taxes,
audits,
payroll
account
statements,
any
market
analysis,
etc.:
40
hrs;
Subsequent
submissions
40
hrs
Agrees
Clerical:
preparing
the
submission
10
hrs;
Subsequent
submissions
10hrs
He
believes
8
hrs
is
sufficient.

Q:
Did
we
miss
anything?

Comments:
He
was
curious
about
the
process
to
certify
additional
applications
after
a
waiver
had
been
granted.
August
31,
2004
Page
53
of
56
Company
Name:
PBI/
Gordon
Name
of
person
consulted:
Jim
Kunstman
Date:
6/
9/
2004
Q:
When
preparing
your
waiver
request
did
you
consult
the
Questions
and
Answers
on
the
EPA
website?
A:
Yes
Q:
If
yes,
did
you
find
it
helpful
and
informative?
A:
Yes
timely.
The
workshop
was
very
informative
and
helpful.
He
said
it
was
excellent.

Q:
What
improvements
or
clarifications
would
you
like
to
see?
A:
From
the
comments
made
at
the
workshop
and
the
information
on
the
web
regarding
the
type
of
documentation
that
must
be
submitted,
it
seems
like
the
Agency
is
waffling.
Kate
Bouve
(
EPA/
OPP)
was
very
good.
She
was
very
clear
up
front.

Q:
Are
you
aware
of
the
industry
generated
form?
A:
Yes.
Assisted
in
generating
it.

Q:
Would
you
use
the
industry
generated
form?
If
no,
why
not?

Labor
Rates:

Q:
Would
you
say
the
following
labor
rates
are
accurate?
$
130/
hr
management;
$
88/
hr
technical
staff;
$
40/
hr
clerical
!
The
agency
methodology
for
estimating
the
cost
and
burden
associated
with
the
paperwork
involved
with
preparing
your
waiver
request
is
the
following
Management:
reading
and
comprehending
the
regulations,
planning
activities
to
submit
the
waiver
request:
10
hrs;
Subsequent
submissions:
2
hrs
Mr.
Kunstman
disagrees.
He
believes
it
would
require
20
hours
for
a
first
submission.
He
believes
the
subsequent
to
be
fairly
accurate.

Technical:
locating
and
preparing
copies
of
taxes,
audits,
payroll
account
statements,
any
market
analysis,
etc.?
40
hrs;
Subsequent
submissions
40
hrs
PBI
needed
to
break
out
their
gross
pesticide
sales
revenue
from
the
overall
revenue.
Mr.
Kunstman
told
EPA
that,
since
this
was
initial
submission,
it
was
extremely
time
consuming
but
next
year
it
will
be
less
so
since
they
will
now
know
to
keep
a
regular
tally.
He
suggested
60
hrs
for
the
total
for
initial
submissions.

Clerical:
preparing
the
submission
10
hrs;
Subsequent
submissions
10hrs
Mr.
Kunstman
agrees.
August
31,
2004
Page
54
of
56
Q:
Did
we
miss
anything?

Comments:
Mr.
Kunstman
asked
about
the
need
to
make
a
voluntary
payment
on
actions
prior
to
PRIA.
It
was
his
understanding
that
if
a
voluntary
payment
was
not
made,
an
action
will
not
be
worked
on.
He
wished
the
Agency
would
make
it
clearer
if
it
was
a
necessity
or
not.

Mr.
Kunstman
believes
that
the
Agency
needs
to
get
the
message
out
to
more
small
businesses
regarding
the
waivers,
volpay
and
MFEE.
He
suggested
meetings
outside
the
beltway.
August
31,
2004
Page
55
of
56
Company
Name:
RegWest
(
Agent
for
Grow
More,
Inc.)
Name
of
person
consulted:
Kim
Davis
Date:
6/
8/
2004
Q:
When
preparing
your
waiver
request
did
you
consult
the
Questions
and
Answers
on
the
EPA
website?
A:
Yes
Q:
If
yes,
did
you
find
it
helpful
and
informative?
A:
Yes
Q:
What
improvements
or
clarifications
would
you
like
to
see?
A:
Need
to
be
more
specific
about
what
is
considered
acceptable
documentation.
After
one
has
been
granted
a
waiver
how
long
will
the
waiver
last?
and
what
kind
of
documentation
will
be
required
to
recertify?

Q:
Are
you
aware
of
the
industry
generated
form?
A:
Yes,
she
generated
it.

Q:
Would
you
use
the
industry
generated
form?
If
no,
why
not?

Labor
Rates:

Q:
Would
you
say
the
following
labor
rates
are
accurate?
$
130/
hr
management;
$
88/
hr
technical
staff;
$
40/
hr
clerical
!
The
agency
methodology
for
estimating
the
cost
and
burden
associated
with
the
paperwork
involved
with
preparing
your
waiver
request
is
the
following
Management:
reading
and
comprehending
the
regulations,
planning
activities
to
submit
the
waiver
request:
10
hrs;
Subsequent
submissions:
2
hrs
Ms.
Davis
disagrees
strongly
on
the
initial
work
involved.
2
hrs.

Technical:
locating
and
preparing
copies
of
taxes,
audits,
payroll
account
statements,
any
market
analysis,
etc:
40
hr;
Subsequent
submissions:
40
hr
Ms.
Davis
believes
the
initial
submission
would
require
no
more
then
8
hrs
of
work
and
subsequent
submissions
4
hrs.

Clerical:
preparing
the
submission
10
hrs;
Subsequent
submissions
10hrs
Ms.
Davis
estimated
.25
hrs
for
each
submission
Q:
Did
we
miss
anything?
A:
RegWest's
clients
vary
widely
and
so
has
her
experience
preparing
waivers.
Ms.
Davis
has
found
smaller
clients
have
had
no
trouble
locating
the
proper
documentation
while
the
slightly
August
31,
2004
Page
56
of
56
larger
clients
with
accountants
have
experienced
more
of
a
delay,
directly
related
to
the
accountants.

Comments
made
during
our
conversation:

Ms.
Davis
believes
better
guidelines
as
to
what
is
deemed
acceptable
documentation
will
streamline
the
process.
She
also
believes
there
is
a
need
to
identify
the
different
types
of
companies
that
may
produce
different
documentation.
She
understands
we
are
all
just
learning
but
she
believes
the
entire
process
will
have
less
burden
on
industry
when
it
is
known
with
100%
certainty
what
EPA
will
require.
