[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33550-33553]
[FR Doc No: 2020-09853]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0108]
RIN 1625-AA09

Drawbridge Operation Regulation; Tombigbee River, Near Jackson,
Alabama

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Norfolk Southern Railroad (NSRR) vertical lift bridge
across the Tombigbee River, mile 89.9, near Jackson, between Washington
and Clarke Counties, Alabama. This rule moves the current onsite bridge
tender control station to a geographically remote centralized control
point located in Decatur, AL.

DATES: This rule is effective July 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0108 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
NSRR Norfolk Southern Railroad
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The NSRR vertical lift bridge is maintained in the open to vessel
position except when trains need to pass or when maintenance is
performed. This bridge has a 44.09' above normal pool elevation
vertical clearance in the closed to vessel position and a vertical
clearance of 73' above normal pool elevation when raised to its maximum
height. The bridge has a 300' horizontal clearance. This bridge is
located on a major commercial waterway used primarily by tugs, tows and
barges. The drawbridge is regulated under 33 CFR 117.5 and opens on
signal.
    NSRR has developed a system of closed circuit cameras (CCTV),
infrared sensors, VHF and landline communications, positive train
control dispatch, programmable logic control, display monitors, vessel
identification systems and procedures that allow a remote operator to
perform all assignments of an onsite drawtender.
    In December 2016 NSRR requested to operate the Tombigbee River
bridge from a remote NSRR location in Decatur, AL. NSRR informed the
Coast Guard that the bridge would operate under the following
conditions.
    (1) The draw would be maintained in the fully open to navigation
position for vessels at all times, except during periods when it would
be closed for the passage of rail traffic or to perform periodic
maintenance authorized in accordance with the regulations.
    (2) The draw would be remotely operated by the drawtender located
at Norfolk Southern's drawbridge in Decatur, Alabama. The estimated
duration that the bridge would remained closed for the passage of rail
traffic would be 10 to 15 minutes per operation.
    (3) When a train approached the bridge, the drawtender would
initiate the bridge closing warning signal, consisting of radio calls
via VHF-FM-channels 13 and 16 and activation of flashing red warning
lights at each end of the span. The radio calls would be broadcast at
five (5) minutes prior to bridge closing and at two (2) minutes prior
to bridge closing. Photoelectric (infrared) boat detectors would
monitor the waterway beneath the bridge for the presence of vessels.
    (4) The drawtender would continuously monitor waterway traffic in
the area using closed-circuit cameras mounted on the bridge. The draw
would only be closed if the drawtender's visual inspection indicated
that the channel was clear and there were no vessels transiting in the
area. The drawtender would maintain constant surveillance of the
navigation channel to ensure that no conflict with maritime traffic
existed. Additionally, the draw would not be closed if the S11 bascule
bridge that is located immediately west of the railroad bridge was in
the open-to-navigation position. If two or more closed-circuit cameras
were to become inoperable or if there was inclement weather, the draw

would only be operated by a drawtender located on site at the bridge.
    (5) At the end of the two-minute warning period, if no vessels were
detected by the drawtender, the draw closing sequence would
automatically proceed.
    (6) Upon passage of the train, the draw would be returned to the
fully open-to-navigation position to allow marine traffic to pass. The
warning lights would continue to flash red until the draw was returned
to the fully open-to-navigation position at which time they would
deactivate.
    (7) After the passage of each train, the draw would be returned to
its fully open-to-navigation position.
    (8) To request openings of the draw when the bascule span was in
the closed-to-navigation position, mariners would be required to
contact Norfolk Southern Railway via VHF-FM channel 13 or by telephone
at the number displayed on the signs posted at the bridge.
    (9) The draw would be operated locally if:
    (i) Communication became lost between the drawbridge and the
drawtender in Decatur, Alabama;
    (ii) More than two closed-circuit cameras were not working;
    (iii) The marine radio became inoperable;
    (iv) Weather conditions warrant; or
    (v) Ordered by the Coast Guard.
    On July 12, 2017, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Tombigbee
River, near Jackson, Alabama'' in the Federal Register at 82 FR 32157.
In that NPRM we stated that the District Commander could authorize a
drawbridge to operate under an automated system or from a remote
location. This NPRM proposed changing the drawbridge regulation on this
bridge to allow the bridge to be remotely operated at a NSRR location
in Decatur, AL. There was little discussion of the proposed rule.
    During the comment period that ended September 11, 2017 the Coast
Guard received three comments. Two were from vessel operators and one
was from a union representing maintenance employees. All three entities
opposed the rule change.
    The Coast Guard considered these comments and on March 14, 2018
informed NSRR that the Coast Guard did not have sufficient information
to address the above public concerns and thus could not finalize the
proposed rule. This letter is in the docket.
    On December 18, 2018 the Coast Guard visited the NSRR bridge
control center in Decatur, Alabama to view their camera displays,
communications systems and automated information systems (AIS)
associated with their bridge remote operations.
    In February 2019 NSRR provided the Coast Guard with documentation
that addressed the following: Bridge demographics, Tombigbee River
demographics, waterway safety, emergency response, vessel navigation
assessments, remote operation system capabilities, maintenance
capabilities, bridge casualty information, operational requirements and
operating procedures.
    After reviewing all NSRR information and public comments the Coast
Guard has verified, to the extent of its authority and jurisdiction
that NSRR has the capabilities to operate the bridge remotely.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Eighth Coast Guard District Commander has determined that this
change to the operating schedule of the NSRR vertical lift bridge
across the Tombigbee River, mile 89.9 to allow the bridge to be
operated from the remote location is reasonable. The purpose of this
rule is to allow NSRR to operate the bridge from a NSRR location in
Decatur, AL and meet the reasonable needs of vessels that use the
Tombigbee River.

IV. Discussion of Comments, Changes and the Final Rule

    There were 3 comments submitted on our NPRM published on July 12,
2017. Two comments came from vessel operators on the Tombigbee River.
One comment was provided by a labor union representing maintenance
employees. There were a total of 14 concerns addressed in the three
comments. All three commenters were against relocating the bridge
tender to a remote location.
    To address these concerns the Coast Guard separated the above
comments into three general concerns: Removing the bridge tender would
create significant delays to opening the bridge to vessel traffic,
removing the bridge tender would create unsafe navigation conditions,
and other general concerns. Below is the Coast Guard's evaluation for
each of these areas.
    Removing the bridge tender will not create unreasonable delays to
opening the bridge to vessel traffic. Since the current onsite bridge
tender does not perform routine maintenance or make bridge repairs,
there will be no added time to maintain the bridge or respond to an
outage or emergency. Emergency repairs and routine maintenance are
conducted by NSRR bridge and building personnel who are located at the
site of the bridge. NSRR procedures require that emergency response
personnel arrive at the bridge within 1-2 hours of notification. If
there is a failure to the bridge, NSRR will secure the bridge in the
open to vessel position until the bridge is repaired.
    Additionally locating the bridge tender in a remote location should
not create added delays because of simultaneous bridge operations. The
NSRR bridge tender, located in Decatur, AL will control three bridges
located on Lake Pontchartrain, LA, the Tombigbee River, AL and the
Tennessee River, AL. The Tombigbee River bridge closes to vessel
traffic 8 times each day. The Tennessee River bridge is maintained in
the closed to vessel position and opens to vessel traffic 7 times each
day. The Lake Pontchartrain bridge is maintained in the open to vessel
position and closes to vessel traffic 12 times each day. This equates
to 27 bridge openings or closings (movements) per day which can be
reasonably controlled by one bridge tender.
    Processing simultaneous requests for bridge openings should also
not create unreasonable delays. NSRR simultaneous operations procedures
state that the bridge tender open and close one bridge at a time. The
cycle time to open and close each NSRR bridge is about 8 minutes.
Vessels, if 3rd in the queue to open, could be delayed by 24 minutes.
The Coast Guard does not consider this to be unreasonable.
    Dispatching a bridge tender to the Tombigbee River bridge because
of a remote operation system failure or inclement weather will also not
delay vessels. NSRR procedures require the bridge to be secured in the
open to vessel traffic position if inclement weather prevents the
remote bridge tender from operating the bridge or if there are failures
to remote sensors at the Tombigbee River bridge. In this scenario NSRR
will dispatch a bridge tender to the bridge; however, since the bridge
is secured in the open to vessel traffic position, there will be no
added vessel delays.
    This rule will not create unsafe navigation conditions.
    As stated above there are on average 27 bridge movements for the
three bridges controlled by the bridge tender in Decatur, AL. These
bridge movements can be safely processed by a single bridge tender.
    NSRR has installed sensors that monitor the channel for vessels or
other obstructions. These channel sensors are interlocked with the
bridge control system to prevent or halt bridge

operations while a vessel is in the channel.
    Communication failures are addressed in NSRR procedures. If there
are failures to both channel 13 and 16 radios, then NSRR will secure
the bridge in the open to vessel traffic position until both radios are
repaired. NSRR procedures require that a bridge tender be dispatched to
the bridge if communications become severed with vessels.
    NSRR has additionally installed an automatic identification system
(AIS) that tracks and identifies vessels equipped with AIS equipment.
This provides the bridge tender with a tool to identify vessels on the
Tombigbee River before they arrive at the bridge.
    There were other general concerns brought by the commenters that
have been addressed by the Coast Guard or did not fall under Coast
Guard authority.
    One commenter stated that they could not address the NSRR request
because it was not included in the docket. As stated in the Background
Information and Regulatory History section of this final rule, the
Coast Guard notified NSRR on March 14, 2018 that there was insufficient
information to address public concerns and thus the Coast Guard could
not finalize the proposed rule. This letter is in the docket. NSRR
addressed this Coast Guard letter and provided the Coast Guard with a
formal proposal that included information on bridge demographics,
waterway demographics, emergency response, maintenance, navigation
assessments, bridge structural history, rail safety, control system
compatibility, remote system components and requirements, operations
requirements, waterway safety and bridge tender procedures. This
information is not included in the docket because it contains NSRR
company confidential information. The Coast Guard has reviewed these
documents and has determined that they sufficiently address the
concerns brought by the commenters.
    One commenter stated that NSRR would prioritize rail traffic over
vessel traffic. There is no data to support this statement. There have
been no reports that this bridge has not or did not operate according
to Coast Guard regulations.
    One commenter stated concern that there would be no on site
presence to keep trespassers off the bridge or remove debris from the
bridge. These concerns have been sent to NSRR. The Coast Guard did not
address this because it does not fall under Coast Guard jurisdiction.
    One commenter stated that this rule change would terminate jobs and
had no correlation to railroad efficiency. These concerns have been
sent to NSRR. The Coast Guard did not address this because it does not
fall under Coast Guard jurisdiction.
    After considering all of the comments we received, the Coast Guard
believes that changing the operating schedule that governs the Norfolk
Southern Railroad (NSRR) vertical lift bridge across the Tombigbee
River, mile 89.9, near Jackson, between Washington and Clarke Counties,
AL by moving the current onsite bridge tender control station to a
geographically remote bridge control center located in Decatur, AL will
provide for the reasonable needs of navigation and can be performed
safely.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels will be able to transit under the bridge given advance notice
and the bridge will open in case of an emergency. We believe this
change to the drawbridge operation regulations at 33 CFR 117.5 will
meet the reasonable needs of navigation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    A Record of Environmental Consideration and a Memorandum for the
Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.118 to read as follows:

Sec.  117.118  Tombigbee River.

    (a) The draw of the Meridian and Bigbee Railroad (MNBR) vertical
lift span bridge across the Tombigbee River, mile 128.6 (Black Warrior
Tombigbee (BWT) Waterway mile 173.6), at Naheola, shall operate as
follows:
    (1) The draw shall be maintained in the fully open-to-navigation
position for vessels at all times, except during periods when it is
closed for the passage of rail traffic.
    (2) When a train approaches the bridge, it will stop and a
crewmember from the train will observe the waterway for approaching
vessels. If vessels are observed approaching the bridge, they will be
allowed to pass prior to lowering the bridge. The crewmember will then
announce via radiotelephone on VHF-FM channel 16 that the bridge is
preparing to be lowered. If, after two minutes, no response has been
received, the crewmember will initiate the lowering sequence.
    (3) After the train has completely passed over the bridge, the
crewmember will initiate the raising sequence. When the bridge is in
the fully open-to-navigation position, the crewmember will announce via
radiotelephone on VHF-FM channel 16 that the bridge is in the fully
open-to-navigation position.
    (4) To request openings of the bridge when the lift span is in the
closed-to-navigation position, mariners may contact the MNBR via VHF-FM
channel 16 or by telephone at<PHONE_NUMBER>.
    (b) The draw of the Norfolk Southern Railroad (NSRR) Vertical Lift
Bridge across the Tombigbee River, mile 89.9, near Jackson, Washington
and Clarke Counties, Alabama shall be operated as follows:
    (1) The draw shall be kept in the open-to-vessel position, except
during periods when it will close for the passage of rail traffic or to
perform periodic maintenance authorized in accordance with subpart A of
this part.
    (2) When a train approaches the bridge, the draw tender will
initiate the bridge closing warning signal, consisting of radio calls
via VHF-FM channels 13 and 16 and activation of flashing red warning
lights at each end of the span. The radio calls will be broadcast at
five (5) minutes prior to bridge closing and at two (2) minutes prior
to bridge closing. At the end of the two-minute warning period, if
there are no vessels passing beneath the bridge or there have been no
requests to pass beneath the bridge then the draw will automatically
close. Upon passage of the train, the draw will return to the open-to-
vessel position. The warning lights will continue to flash red until
the draw is completely opened.
    (3) The draw shall be remotely operated by the draw tender at
Norfolk Southern Railroad's bridge control center in Decatur, Alabama.
Closed Circuit TVs, infrared detectors and an Automatic Identification
System have been installed at the bridge. Vessels can contact the NSRR
draw tender via VHF-FM channel 13 or by telephone at the number
displayed on the signs posted at the bridge to request an opening of
the draw when the vertical lift span is in the closed-to-vessel
position.
    (4) NSRR will immediately provide an on-site bridge tender if:
    (i) Any component of the remote operations system fails and
prevents the remote operator from being able to visually identify
vessels, communicate with vessels, detect vessels immediately
underneath the bridge or visually identify trains approaching the
bridge.
    (ii) Anytime NSRR cannot meet Federal Railway Administration (FRA)
or any other government agency safety requirements.
    (iii) Anytime that the NSRR procedures or equipment to close or
open the bridge listed in paragraph (b)(2) of this section fail.
    (iv) When weather reaches a point where the remote draw tender
cannot visually identify a vessel from the remote location.
    (v) At the direction of the District Commander.

    Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09853 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P


ATTACHMENT A

Pesticide Registration Improvement Act of 2003

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—

“(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 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:

“(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 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 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.

“(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 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

(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 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.

“(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 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;

“(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

“(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.”;

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.

“(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".


[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3609-3610]
[FR Doc No: 2015-01114]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Request for Nominations for Voting Members on a Public Advisory
Committee; Science Board to the Food and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for members to serve on the Science Board to the Food and
Drug Administration, Office of the Commissioner, Office of the Chief
Scientist. FDA seeks to include the views of women and men, members of
all racial and ethnic groups, and individuals with and without
disabilities on its advisory committees and, therefore, encourages
nominations of appropriately qualified candidates from these groups.

DATES: Nominations received on or before March 24, 2015 will be given
first consideration for membership on the Science Board to the Food and
Drug Administration. Nominations received after March 24, 2015 will be
considered for nomination to the committee as later vacancies occur.

ADDRESSES: All nominations for membership should be sent electronically
by logging into the FDA Advisory Nomination Portal: http://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail
to Advisory Committee Oversight and Management Staff, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver
Spring, MD 20993-0002.

FOR FURTHER INFORMATION CONTACT: Regarding all nomination questions for
membership, the primary contact is: Martha Monser, Office of the Chief
Scientist, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 1, Rm. 3309, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Information about becoming a member on an FDA advisory committee
can also be obtained by visiting FDA's Web site by using the following
link: http://www.fda.gov/AdvisoryCommittees/default.htm.

SUPPLEMENTARY INFORMATION: FDA is requesting nomination for voting
members on the Science Board to the Food and Drug Administration.

I. General Description of the Committee Duties

    The Science Board shall provide advice to the Commissioner and
other appropriate officials on specific complex scientific and
technical issues important to FDA and its mission, including emerging
issues within the scientific community. Additionally, the Science Board
will provide advice that supports the Agency in keeping pace with
technical and scientific developments, including in regulatory science,
provide input into the Agency's research agenda, and on upgrading its
scientific and research facilities and training opportunities. It will
also provide, where requested, expert review of Agency sponsored
intramural and extramural scientific research programs.

II. Criteria for Voting Members

    The committee consists of a core of 21 voting members including the
chair and a co-chair. Members, the chair and the co-chair are selected
by the Commissioner or designee from among authorities knowledgeable in
the fields of: Food science, safety, and nutrition; chemistry,
pharmacology, translational and clinical medicine and research,
toxicology, biostatistics, medical devices, imaging, robotics, cell and
tissue based products, regenerative medicine, public health and
epidemiology, international health and regulation, product safety,
product manufacturing sciences and quality; and other scientific areas
relevant to FDA regulated products such as systems biology,
informatics, nanotechnology, and combination products. Almost all non-
Federal members of this committee serve as Special Government
Employees. Members will be invited to serve for terms of up to 4 years.

III. Nomination Procedures

    Any interested person may nominate one or more qualified
individuals for membership on the advisory committee. Self-nominations
are also accepted. Nominations must include a current, complete resume
or curriculum vitae for each nominee, including current business
address and/or home address, telephone number, and email address if
available. Nominations must also specify the advisory committee for
which the nominee recommended. Nominations must also acknowledge that
the nominee is aware of the nomination unless self-nominated. FDA will
ask potential candidates to provide detailed information concerning
such matters related to financial holdings, employment, and research
grants and/or contracts to permit evaluation of possible sources of
conflicts of interest.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: January 15, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-01114 Filed 1-22-15; 8:45 am]
BILLING CODE 4164-01-P