Federal Register: September 9, 1998 (Volume 63, Number 174)NoticesPage 48218From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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ENVIRONMENTAL PROTECTION AGENCY

OPP-00545; FRL-6025-4Waiver of Fees Associated With Tolerance Objections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

SUMMARY: EPA has issued an updated policy concerning waivers of fees associated with filing objections to tolerance actions under the Federal Food, Drug, and Cosmetic Act (FFDCA). The policy is available as a Pesticide Registration (PR) Notice entitled ``Waiver of Fees Associated with Tolerance Objections.'' Interested parties may request a copy of the Agency's policy as set forth in the ``ADDRESSES'' unit of this document.

ADDRESSES: The PR Notice is available from Jim Tompkins; by mail: Registration Division (7505C), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 239, CM #2, 1921 Jefferson Davis Highway, Arlington, VA, (703) 305- 5697, e-mail: tompkins.jim@epa.gov.

FOR FURTHER INFORMATION CONTACT: By mail: Jim Tompkins, Environmental Protection Agency (7505C), 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 713B, CM #2, 1921 Jefferson Davis Highway, Arlington, VA, (703) 305-5697, fax: 703-305-6920, e-mail: tompkins.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

A. Internet

Electronic copies of this document and the draft PR Notice also are available from the EPA Home Page at the Federal Register-Environmental Documents entry for this document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).

B. Fax-on-Demand

For Fax-on-Demand, use a faxphone to call 202-401-0527 and select item 6117 for a copy of the PR Notice.

II. Summary of the PR Notice

This Federal Register document announces the availability of a Pesticide Registration (PR) Notice which updates EPA's policy concerning waivers of fees associated with filing objections to tolerance actions under the FFDCA. Specifically, EPA's tolerance fees regulations require that objections ``shall be accompanied by a fee of $3,275.'' The regulations, however, also provide a procedure to request that EPA ``waive or refund part or all of any fee imposed by this section'' [Sec. 180.33(m)]. EPA does not construe these provisions as requiring objectors who believe they are entitled to a waiver of fees to file the specified fee with the objections and thereafter seek a refund. Rather, such a person may file a written request for a waiver of the objection fee with the objection. A fee of $1,600 must accompany the waiver request unless the objector has no financial interest in the matter objected to. If EPA later determines that a fee waiver is inappropriate, that determination will not affect the timeliness of the filing of the objections; however, further action on the objections will not proceed until the fee has been paid. Failure to pay the fee following denial of a waiver would be grounds for denial of the objections.

III. Public Docket

This document is filedin the Office of Pesticide Programs's Docket Office under docket control number ``OPP-00545.'' The public record is available for inspection from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The public record is located in Rm. 119, CM #2, 1921 Jefferson Davis Highway, Arlington, VA. To contact the docket office by mail, telephone, or e-mail: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; (703) 305-5805; e-mail: opp- docket@epamail.epa.gov.

List of Subjects

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

Dated: August 25, 1998.

James Jones,

Director, Registration Division, Office of Pesticide Programs.

FR Doc. 98-24035Filed9-8-98; 8:45 amBILLING CODE 6560-50-F