Skip to Content

Notice

Pesticides; Revised Fee Schedule for Registration Applications

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

EPA is publishing a revised list of pesticide registration service fees applicable to specified pesticide applications and tolerance actions. Under the Pesticide Registration Improvement Act (PRIA), the registration service fees for covered pesticide registration applications received on or after October 1, 2005, increase by 5 percent from the fees originally published in the March 17, 2004, Federal Register Notice (69 FR 12772). This revised fee schedule becomes effective on October 1, 2005. The publication of this fee schedule is required by section 33(b)(6)(B) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended by the Consolidated Appropriations Act of 2004.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Elizabeth Leovey, (7501C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-7090; fax number: (703) 308-4776; e-mail address: leovey.elizabeth@epa.gov@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

-

You may be potentially affected by this action if you register pesticide products, or engage in animal or crop production, food processing or public health activities that use pesticides. Potentially affected entities may include, but are not limited to:

  • Crop production - NAICS Code 111
  • Animal production - NAICS Code 112
  • Food processing - NAICS Code 311
  • Pesticide manufacturers - NAICS Code 32532
-

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 in this unit 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 Unit III. of this 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.

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

-

1. Docket. EPA has established an official public docket for this action under docket identification number OPP-2005-0088. 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, excluding legal holidays. The docket telephone number is (703) 305-5805.

-

2. 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 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. 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 I.B.1. Once in the system, select “search,” then key in the appropriate docket ID number.

II. Background

A. What Action is the Agency Taking?

-

The Consolidated Appropriations Act of 2004, signed by President Bush on January 23, 2004, established a new section 33 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), creating a registration service fee system for applications for specified pesticide Start Printed Page 32328registration, amended registration, and associated tolerance actions. Under this system, the Agency began charging registration service fees for covered applications received on or after March 23, 2004, and for certain pending applications received before that date. EPA is required to make a determination on the application within the decision times specified. The fee system is authorized until September 30, 2010, although the decision times under the system do not apply to applications received after September 30, 2008.

-

Under new FIFRA section 33(b)(3), EPA was required to publish a schedule of the fees and decision times for review of a covered application. This schedule was to be the same as that published in the Congressional Record of September 17, 2003, pages 11631 through 11633. The Agency published this schedule in the Federal Register on March 17, 2004 (69 FR 12772).

-

Under FIFRA section 33(b)(6), the fee amounts will increase as of October 1, 2005 by 5%. This notice provides the revised fee schedule for applications received on or after October 1, 2005.

B. What is the Agency's Authority for Taking this Action?

-

The Agency is authorized to issue this notice under section 33(b)(6)(B) of FIFRA.

III. Elements of the Fee Schedule

-

This unit explains how EPA has organized the fee schedule identified in the statute and how to read the fee schedule tables, and includes a key to terminology published with the table in the Congressional Review. EPA's organization and presentation of the fee schedule information does not affect the categories of registration service fees, or the structure or procedures for submitting applications or petitions for tolerance.

A. The Congressional Record Fee Schedule

-

The fee schedule published in the Congressional Record of September 17, 2003, identifies the registration service fees and decision times and is organized according to the organizational units of the Office of Pesticide Programs (OPP) within the Environmental Protection Agency (EPA). Thereafter, the categories within the organizational unit sections of the table are further categorized according to the type of application being submitted, the use patterns involved, or, in some cases, upon the type of pesticide that is the subject of the application. The categories of fee differ by Division. Not all application types are covered by, or subject to, the fee system.

B. Fee Schedule and Decision Review Times

-

The table in the Congressional Record is presented as a single table for all Divisions and actions. In issuing today's notice, EPA has reformatted the information to be more user-friendly, using the format utilized in the March 17, 2004, Federal Register Notice (69 FR 12772). EPA has divided the single table from the Congressional Record into 11 tables, organized by OPP Division and by type of application or pesticide subject to the fee. These tables only list the decision time review periods for fiscal years 2006, 2007, and 2008 as these are the only applicable review periods for applications received on or after October 1, 2005. Unit IV presents fee tables for the Registration Division (RD) (tables 1 through 5), Unit V presents fee tables for the Antimicrobials Division (AD) (tables 6 through 8), and Unit VI presents fee tables for the Biopesticides and Pollution Prevention Division (BPPD) (tables 9 through 11).

C. How to Read the Tables

-

1. Each table consists of the following columns:

-
  • Column A numbers the fee categories. There are 90 categories spread across the three Divisions. There are 37 RD categories, 20 AD categories and 33 BPPD categories. For tracking purposes, OPP has numbered the 90 categories in sequential order, beginning with RD categories, followed by AD and BPPD categories. This is a change from the sequence of the Congressional Record. The categories are prefaced with a letter designation indicating which Division of OPP is responsible for applications in that category (R= Registration Division, A=Antimicrobials Division, B=Biopesticides and Pollution Prevention Division).
  • -
  • Column A-1 cross-references the Congressional Record category number for convenience. However, EPA will be using the categories as numbered in Column A in its tracking systems.
  • -
  • Column B describes the categories of action. The key in this unit is unchanged from that published in the Congressional Record.
  • -
  • Columns C through E list the decision times in months for each type of action for Fiscal Years 2006 though 2008. Certain AD decision times are referred to the decision times in FIFRA section 3(h), and thus may be stated differently. The decision review periods in the tables are based upon EPA fiscal years (FY), which run from October 1 through September 30.
  • -
  • Column F lists the registration service fee for the action.
-

2. The tables use a number of abbreviations and acronyms, statutory citations and other terminology that may be unfamiliar to registrants and the public. The following terms are defined in footnotes to the Congressional Record table.

  • EUP - Experimental Use Permit
  • Fast-track - An application that qualifies for expedited processing under FIFRA section 3(c)(3)(B)(i)(I).
  • GW - Ground Water
  • Me-too product - A new product registration of an already registered active ingredient.
  • PHI - Pre-Harvest Interval
  • PPE - Personal Protective Equipment
  • REI - Restricted Entry Interval
  • SAP - FIFRA Scientific Advisory Panel
  • SW - Surface Water

IV. Registration Division Fee Schedules

-

The Registration Division (RD) is responsible for the processing of pesticide applications and associated tolerance petitions for pesticides that are termed “conventional chemicals,” excluding pesticides intended for antimicrobial uses. The term “conventional chemical” is a term of art that is intended to distinguish synthetic chemicals from those that are of naturally occurring or non-synthetic origin, synthetic chemicals that are identical to naturally-occurring chemicals and microbial pesticides.

Table 1.—Registration Division - New active ingredients

RD—New Active Ingredients
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
Start Printed Page 32329
FY 06FY 07FY 08
R156Food use1242424498,750
R257Food use, reduced risk1212121498,750
R358Food use Experimental Use Permit request submitted simultaneously with application for registration1 (decision time for Experimental Use Permit and temporary tolerance same as # R4)242424551,250
R459Food use Experimental Use Permit, with temporary tolerance, submitted before application for registration ($315K credited toward new AI registration)181818367,500
R560Food use Submitted after an Experimental Use Permit1 (decision time begins after EUP and temporary tolerance are granted)141414183,750
R661Non-food use, outdoor1212121346,500
R762Non-food use, outdoor1 Reduced risk181818346,500
R863Non-food use, outdoor1 Experimental Use Permit request submitted simultaneously with application for registration (decision time for EUP same as #R9)212121383,250
R964Non-food use, outdoor Experimental Use Permit submitted before application for registration ($220.5K credited toward new AI registration)161616257,250
R1065Non-food use, outdoor Submitted after Experimental Use Permit1 (decision time begins after EUP has been granted)121212126,000
R1166Non-food use, indoor1202020199,500
R1267Non-food use, indoor1 Reduced risk171717199,500
1 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.

Table 2.—Registration Division - New Uses

RD—New Uses
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
R1368First food use Indoor food/food handling1212121157,500
R1469Additional food use Indoor food/food handling21151536,750
R1570First food use1212121210,000
R1671First food use Reduced risk1181818210,000
R1772Each additional new food use22151552,500
R1873Each additional new food use Reduced risk20121252,500
Start Printed Page 32330
R1974Additional new food uses, bundled, 6 or more221515315,000
R2075Additional new food uses, bundled, 6 or more Reduced risk201212315,000
R2176New food use With Experimental Use Permit and temporary tolerance (no credit toward new use registration)19121238,850
R2277New food use With Experimental Use Permit, crop destruct basis66615,750
R2378New use Non-food, outdoor20151521,000
R2479New use Non-food, outdoor Reduced risk18121221,000
R2580New use Non-food, outdoor With Experimental Use Permit (no credit toward new use registration)66615,750
R2681New use Non-food, indoor12121210,500
R2782New use Non-food, indoor Reduced risk99910,500
1 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.

Table 3.—Registration Division - Import Tolerances

RD—Import Tolerances
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
R2883Import tolerance New active ingredient or first food use1212121262,500
R2984Import tolerance Additional new food use22151552,500
1 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.

Table 4.—Registration Division - New Products

RD—New Products
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
R3085New product Me-too product Fast track3331,050
R3186New product Non-fast track (includes reviews of product chemistry, acute toxicity, public health pest efficacy)6664,200
Start Printed Page 32331
R3287New product Non-fast track, new physical form (excludes selective citations)12121210,500
R3388New manufacturing use product Old AI Selective citation12121215,750

Table 5.—Registration Division - Amendments to Registration

RD—Amendments
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
R3489Non-fast-track (includes changes to precautionary label statements, source changes to an unregistered source)14443,150
R3590Non-fast track (changes to REI, PPE, PHI, rate and number of applications, add aerial application, modify GW/SW advisory statement1128810,500
R3691Non-fast track, isomers181818252,000
R3792Cancer reassessment, applicant-initiated181818157,500
1 EPA-initiated amendments shall not be charged fees.

V. Antimicrobials Division Fee Schedules

The Antimicrobials Division (AD) is responsible for the processing of pesticide applications and associated tolerances for conventional chemicals intended for antimicrobial uses, that is, uses that are defined under FIFRA 2(mm)(1)(A), including products for use against bacteria, protozoa, non-agricultural fungi, and viruses. AD is also responsible for a selected set of conventional chemicals intended for other uses, including most wood preservatives and antifoulants.

The AD fee tables use the same terminology as listed in Unit III.

Table 6.—Antimicrobials Division - New Active Ingredients

AD—New Active Ingredients
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
A3836Food use, with exemption124242494,500
A3937Food use, with tolerance1242424157,500
A4038Non-food use, outdoor FIFRA sec 2(mm) uses1FIFRA section 3(h) decision times78,750
A4139Non-food use, outdoor, other uses1212121157,500
A4240Non-food use, indoor FIFRA sec 2(mm) uses1FIFRA section 3(h) decision times52,500
A4341Non-food use, indoor, other uses120202078,750
1 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.
Start Printed Page 32332

Table 7.—Antimicrobials Division - New Uses

AD—New Uses
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
A4442New use First food use, with exemption121212126,250
A4543New use First food use, with tolerance121212178,750
A4644New food use, with exemption15151510,500
A4745New food use, with tolerance15151526,250
A4846New use Non-food, outdoor FIFRA sec 2(mm) usesFIFRA section 3(h) decision times15,750
A4947New use, non-food, outdoor, other uses15151526,250
A5048New use Non-food, indoor FIFRA sec 2(mm) usesFIFRA section 3(h) decision times10,500
A5149New use Non-food, indoor Other uses12121210,500
A5250Experimental Use Permit9995,250
1 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.

Table 8.—Antimicrobials Division - New Products and Amendments

AD—New Products and Amendments
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
A5351New product, me-too, fast track3331,050
A5452New product, non-fast track, FIFRA section 2(mm) usesFIFRA section 3(h) decision times4,200
A5553New product, non-fast track, other uses6664,200
A5654New manufacturing use product, old AI, selective citation12121215,750
A5755Amendment, non-fast track14443,150
1 EPA-initiated amendents shall not be charged fees.

VI. Biopesticides and Pollution Prevention Division Fee Schedules

-

The Biopesticides and Pollution Prevention Division (BPPD) is responsible for the processing of pesticide applications for biochemical pesticides, microbial pesticides, and plant-incorporated protectants (PIPs).

-

The fee tables for BPPD are presented by type of pesticide rather that by type of action: Microbial and biochemical pesticides, straight chain lepidopteran pheromones (SCLPs), and plant-incorporated protectants (PIPs). Within each table, the types of application are the same as those in other divisions and use the same terminology as in Unit III.

Start Printed Page 32333

Table 9.—BPPD - Microbial and Biochemical Pesticides

BPPD—New Products and Amendments
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
B583New AI Food use, with tolerance118181842,000
B594New AI Food use, with exemption116161626,250
B605New AI Non-food use112121215,750
B616Experimental Use Permit Food use, with temporary tolerance exemption99910,500
B627Experimental Use Permit, Non-food use6665,250
B638New use First food use, with exemption12121210,500
B649New use First food use, with tolerance118181815,750
B6510New use, non-food6665,250
B6611New product Me-too Fast-track3331,050
B6712New product Non-fast-track4444,200
B6813Amendment2 Non-fast-track4444,200
1 All uses (food and non-food) included in any original application or petition for a new active ingredient or a first use are covered by the base for that applicaiton.
2 EPA-initiated amendments shall not be charged fees.

Table 10.—BPPD - Straight Chain Lepidopteran Pheromones (SCLPs)

BPPD—Straight Chain Lepidopteran Pheromones
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
B6914New AI Food or non-food use16662,100
B7015Experimental Use Permit New AI or new use6661,050
B7116New product Me-too Fast-track3331,050
B7217New product, non-fast-track4441,050
B7318Amendment, non-fast-track24441,050
1 All uses (food and non-food) included in any original application or petition for a new active ingredient or a first use are covered by the base for that applicaiton.
2 EPA-initiated amendments shall not be charged fees.
Start Printed Page 32334

Table 11.—BPPD - Plant-Incorporated Protectants (PIPs)

BPPD—Plant Incorporated Protectants
AA−1BCDEF
EPA No.CR No.ActionFiscal YearFee $
FY 06FY 07FY 08
B7419Experimental Use Permit Non food/feed or crop destruct No Scientific Advisory Panel review required (if submitted before new AI package, $26.25K credit toward new AI registration)66678,750
B7520Experimental Use Permit, with temporary tolerance or exemption No Scientific Advisory Panel review required (if submitted before new AI package, $50.5K credit toward new AI registration)999105,000
B7621Experimental Use Permit New AI Non-food/feed or crop destruct Scientific Advisory Panel review required (if submitted before new AI package, $78.75K credit toward new AI registration)121212131,250
B7722Experimental Use Permit New AI Set temporary tolerance or exemption Scientific Advisory Panel review required (if submitted before new AI package, $105K credit toward new AI registration)151515157,500
B7823Register new AI Non-food/feed No Scientific Advisory Panel review required121212131,250
B7924Register new AI Non-food/feed Scientific Advisory Panel review required181818236,250
B8025Register new AI Temporary tolerance or exemption exists No Scientific Advisory Panel review required121212210,000
B8126Register new AI Temporary tolerance or exemption exists Scientific Advisory Panel review required181818315,000
B8227Register new AI Set tolerance or exemption No Scientific Advisory Panel review required151515262,500
B8328Register new AI Experimental Use Permit request Set tolerance or exemption No Scientific Advisory Panel review required151515315,000
B8429Register new AI Set tolerance or exemption Scientific Advisory Panel review required212121367,500
B8530Register new AI With Experimental Use Permit request Set tolerance or exemption Scientific Advisory Panel review required212121420,000
B8631Experimental Use Permit Food use Amendment66610,500
B8732New use199931,500
B8833New product299926,250
B8934Amendment, seed production to commercial registration129952,500
Start Printed Page 32335
B9035Amendment, non-fast-track3 (except #B89 above)66610,500
1 Example: Transfer of existing PIP trait by traditional breeding, such as from field corn to sweet corn.
2 Example: Stacking PIP traits within a crop using tradtional breeding techniques.
3 EPA-initiated amendments shall not be charged fees.

VII. How to Pay Fees

-

Applications (or other types of requests) should be submitted to the Agency, at the address given in Unit VIII below. The applicant should identify the category number (1 through 90) that he believes applies to the action, explain why that category applies, and specify the amount of fee due for that particular action. These notations should be made in the comments section of the application form (EPA Form 8570-1), or in a submittal letter. If the applicant is applying for a fee waiver, the applicant should provide sufficient documentation as described in FIFRA section 33(b)(7). The applicant for a fee waiver may want to consult the Agency's fee waiver guidance for further information (http://www.epa.gov/​pesticides/​fees/​questions/​waiver.htm). The applicant should not send payment at the time of application.

-

Thereafter, EPA performs a screen on the application to determine that the category is correct, and assigns a unique identification number to each covered pesticide registration application for which payment is expected. EPA notifies the applicant of the unique identification number together with instructions for submitting payment. This information is sent by mail and by either e-mail or fax at the applicant's request.

-

After receiving EPA's acknowledgment of the application and its unique identification number, the applicant may submit payment of the fee to the address provided in the acknowledgment. All payments should be in U.S. currency by check, bank draft, or money order drawn to the order of the Environmental Protection Agency, and should include the unique identification number assigned to the application.

VIII. Addresses

-

New covered applications should be identified in the title line with the mail code “REGFEE.”

A. By USPS Mail

-

Mail applications and payments to: Document Processing Desk (REGFEE), Office of Pesticide Programs (7504C), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460-0001

B. By Courier

-

Couriers and delivery personnel should bring correspondence to: Document Processing Desk (REGFEE), Office of Pesticide Programs,U.S. Environmental Protection Agency, Room 266A, Crystal Mall #2, Arlington, Va 22202-4501.

Couriers and delivery personnel must present a valid picture identification card to gain access to the building. Hours of operation for the Document Processing Desk are 8 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

Start List of Subjects

List of Subjects

- End List of Subjects Start Signature

Dated: May 24, 2005.

Susan B. Hazen,

Acting Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances.

End Signature End Supplemental Information

[FR Doc. 05-10998 Filed 6-1-05; 8:45 am]

BILLING CODE 6560-50-S