SEC. 33. ø7 U.S.C. 136w-8¿ PESTICIDE REGISTRATION SERVICE FEES. 

(a) DEFINITION OF COSTS.—In this section, the term ‘‘costs’’,
when used with respect to review and decisionmaking pertaining to an
application for which registration service fees are paid under this
section, means— 

(1) costs to the extent that— 

(A) officers and employees provide direct support for the review and
decisionmaking for covered pesticide applications, associated
tolerances, and corresponding risk and benefits information and
analyses; 

(B) persons and organizations under contract with the Administrator
engage in the review of the applications, and corresponding risk and
benefits information and assessments; and 

(C) advisory committees and other accredited persons 

or organizations, on the request of the Administrator, en-

gage in the peer review of risk or benefits information asso

ciated 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 sub-sections (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, 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
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 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 de-

scribed 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.). January 23, 2004 97 FIFRA Sec. 33 

(C) DOCUMENTATION.—An application subject to a reg

istration 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 ef

fective date of the Pesticide Registration Improvement Act 

of 2003, the Administrator shall publish in the Federal 

Register a schedule of covered pesticide registration appli

cations and corresponding registration service fees. 

(B) REPORT.—Subject to paragraph (6), the schedule shall be the same
as the applicable schedule appearing in the Congressional Record on
pages S11631 through S11633, dated September 17, 2003. (4) PENDING
PESTICIDE REGISTRATION APPLICATIONS.— 

(A) IN GENERAL.—An applicant that submitted a registration application
to the Administrator before the effective date of the Pesticide
Registration Improvement Act of 2003, but that is not required to pay a
registration service fee under paragraph (2)(B), may, on a voluntary
basis, pay a registration service fee in accordance with paragraph
(2)(B). 

(B) VOLUNTARY FEE.—The Administrator may not compel payment of a
registration service fee for an application described in subparagraph
(A). 

(C) DOCUMENTATION.—An application for which a voluntary registration
service fee is paid under this paragraph shall be submitted with
documentation certifying— 

(i) payment of the registration service fee; or 

(ii) a request for a waiver from or reduction of the 

registration service fee. 

(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICA-TIONS.—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.— 

January 23, 2004 Sec. 33 FIFRA 98 

(i) IN GENERAL.—A request for a waiver from or reduction of the
registration service fee shall be accompanied by appropriate
documentation demonstrating the basis for the waiver or reduction. 

(ii) CERTIFICATION.—The applicant shall provide to the Administrator a
written certification, signed by a responsible officer, that the
documentation submitted to support the waiver or reduction request is
accurate. 

(iii) INACCURATE DOCUMENTATION.—An application shall be subject to the
applicable registration service fee payable under paragraph (3) if, at
any time, the Administrator determines that— 

(I) the documentation supporting the waiver 

or reduction request is not accurate; or 

(II) based on the documentation or any other 

information, the waiver or reduction should not 

have been granted or should not be granted. 

(C) DETERMINATION TO GRANT OR DENY REQUEST.—As soon as practicable,
but not later than 60 days, after the date on which the Administrator
receives a request for a waiver or reduction of a registration service
fee under this paragraph, the Administrator shall— 

(i) determine whether to grant or deny the re-

quest; 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 antici

pated revenues from the uses that are the subject of 

the application would be insufficient to justify imposi

tion 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 toler

ance petition submitted in connection with the Inter-

Regional Project Number 4 (IR–4) as described in sec

tion 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 January 23, 2004 99
FIFRA Sec. 33 

(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 enti

ty 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 sec

tion, documentation demonstrating that the entity 

has an average annual global gross revenues de-

scribed in section 4(i)(5)(E)(ii)(I)(bb) that does not 

exceed $10,000,000, at the time of application. 

(G) FEDERAL AND STATE AGENCY EXEMPTIONS.—An agency of the Federal
Government or a State government shall be exempt from covered
registration service fees under this section. (8) REFUNDS.— 

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

(B) WITHDRAWALS AFTER THE FIRST 60 DAYS OF DECISION REVIEW TIME
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 Adminis

trator 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 propor

tion 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 appli

cation 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 registra

tion application that has been filed with the Adminis

trator 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 Ad

ministrator determines that the refund is justified. January 23, 2004
Sec. 33 FIFRA 100 

(ii) BASIS.—The Administrator may provide a re-fund for an application
under this subparagraph— 

(I) on the basis that, in reviewing the applica

tion, the Administrator has considered data sub

mitted in support of another pesticide registration 

application; or 

(II) on the basis that the Administrator com

pleted portions of the review of the application be-

fore the effective date of this section. 

(D) CREDITED FEES.—In determining whether to grant 

a refund under this paragraph, the Administrator shall 

take into account any portion of the registration service 

fees credited under paragraph (2) or (4). (c) PESTICIDE REGISTRATION
FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury of the United
States a Pesticide Registration Fund to be used in carrying out this
section (referred to in this section as the ‘‘Fund’’),
consisting of— 

(A) such amounts as are deposited in the Fund under 

paragraph (2); 

(B) any interest earned on investment of amounts in 

the Fund under paragraph (4); and 

(C) any proceeds from the sale or redemption of invest

ments 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 expendi

tures 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. 

⁄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; January 23, 2004 101
FIFRA Sec. 33 

(B) invested in obligations of the United States or guaranteed by the
United States; or 

(C) invested in obligations, participations, or other in

struments that are lawful investments for fiduciary, trust, 

or public funds. (d) ASSESSMENT OF FEES.— 

(1) DEFINITION OF COVERED FUNCTIONS.—In this sub-section, 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 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 decision-making 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 col

lect the fees, without any modification in rate, at any time dur

ing the fiscal year, notwithstanding any provisions of sub-

section (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 evalu

ate risks, the Administrator shall identify and evaluate reforms to
January 23, 2004 Sec. 33 FIFRA 102 

the pesticide registration process under this Act with the goal of
reducing decision review periods in effect on the effective date of the
Pesticide Registration Improvement Act of 2003 for pesticide
registration actions for covered pesticide registration applications
(including reduced risk applications). 

(f) DECISION TIME REVIEW PERIODS.— 

(1) IN GENERAL.—Not later than 30 days after the effective date of the
Pesticide Registration Improvement Act of 2003, the Administrator shall
publish in the Federal Register a schedule of decision review periods
for covered pesticide registration actions and corresponding
registration service fees under this Act. 

(2) REPORT.—The schedule shall be the same as the applicable schedule
appearing in the Congressional Record on pages S11631 through S11633,
dated September 17, 2003. 

(3) APPLICATIONS SUBJECT TO DECISION TIME REVIEW PERI-ODS.—The
decision time review periods specified in paragraph (1) shall apply
to— 

(A) covered pesticide registration applications subject 

to registration service fees under subsection (b)(2); 

(B) covered pesticide registration applications for which an applicant
has voluntarily paid registration service fees under subsection (b)(4);
and 

(C) covered pesticide registration applications listed in the
Registration Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency. (4) START OF DECISION TIME
REVIEW PERIOD.— 

(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 re-fund request; and (ii)
whether the application— 

(I) contains all necessary forms, data, draft la

beling, 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 RE-QUESTS.— 

(i) IN GENERAL.—In the case of an application sub

mitted with a request for a waiver or reduction of reg

istration service fees under subsection (b)(7), the deci

sion time review period shall be determined in accord

ance with this subparagraph. January 23, 2004 103 FIFRA Sec. 33 

(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 RE-QUIRED.—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 re-view 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 re-view 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 Pes

ticide Registration Improvement Act of 2003 but 

submitted without the applicable registration serv

ice fee required under this section due to the in-

ability of the Administrator to assess fees under 

subsection (d)(1). 

(E) 2003 WORK PLAN.—In the case of a covered pes

ticide registration application listed in the Registration Di

vision 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. 

(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.— 

January 23, 2004 Sec. 33 FIFRA 104 

(A) IN GENERAL.—In an action brought under this sub-section, 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 re-view of the
failure of the Administrator to make a determination on the application
specified in paragraph (1) be-fore 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 seek

ing the review shall first request in writing, at least 120 

days before filing the complaint for judicial review, a deci

sion review meeting with the Administrator. 

(4) REMEDIES.—The Administrator may not be required or permitted to
refund any portion of a registration service fee paid in response to a
complaint that the Administrator has failed to make a determination on
the covered pesticide registration application specified in paragraph
(1) by the end of the applicable decision review period. (h)
ACCOUNTING.—The Administrator shall— 

(1) provide an annual accounting of the registration service fees paid
to the Administrator and disbursed from the Fund, by providing financial
statements in accordance with— 

(A) the Chief Financial Officers Act of 1990 (Public 

Law 101–576; 104 Stat. 2838) and amendments made by 

that Act; and 

(B) the Government Management Reform Act of 1994 

(Public Law 103–356; 108 Stat. 3410) and amendments 

made by that Act; 

(2) provide an accounting describing expenditures from the Fund
authorized under subsection (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 over-

head allocation of costs associated with the review and de

cisionmaking pertaining to applications under this section. January 23,
2004 105 FIFRA Sec. 33 

(3) INSPECTOR GENERAL.—The Inspector General of the Environmental
Protection Agency shall— (A) conduct the annual audit required under
this sub-section; and 

(B) report the findings and recommendations of the 

audit to the Administrator and to the appropriate commit-

tees of Congress. 

(j) PERSONNEL LEVELS.—All full-time equivalent positions sup-ported 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 sub-

section (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 re-viewers and the use of
outside reviewers to con-duct the review of major portions of
applications; and 

(III) reviewing the scope of use of the notifica

tion process to cover broader categories of registra

tion 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 re

quirements of section 4(g). 

(3) METHOD.—The Administrator shall publish a report re

quired 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. January 23, 2004 Sec. 34
FIFRA 106 

(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 pay-able 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 pay-able under this section shall be reduced
70 percent below the level in effect on September 30, 2008. 

-

j

—

S

＀ḀEPTEMBER 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. 

