Page:United States Statutes at Large Volume 118.djvu/454

 118 STAT. 424 PUBLIC LAW 108–199—JAN. 23, 2004 ‘‘(A) IN GENERAL.—Not later than 30 days after the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall publish in the Federal Register a schedule of 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 reg istration application to the Administrator before the effec tive date of the Pesticide Registration Improvement Act of 2003, but that is not required to pay a registration service fee under paragraph (2)(B), may, on a voluntary basis, pay a registration service fee in accordance with paragraph (2)(B). ‘‘(B) VOLUNTARY FEE.—The Administrator may not compel payment of a registration service fee for an applica tion described in subparagraph (A). ‘‘(C) DOCUMENTATION.—An application for which a vol untary registration service fee is paid under this paragraph shall be submitted with documentation certifying— ‘‘(i) payment of the registration service fee; or ‘‘(ii) a request for a waiver from or reduction of the registration service fee. ‘‘(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICA TIONS.—If a pesticide registration application is submitted by a person that paid the fee for the application under paragraph (2), is determined by the Administrator to be complete, and is not approved or is withdrawn (without a waiver or refund), the submission of the same pesticide registration application by the same person (or a licensee, assignee, or successor of the person) shall not be subject to a fee under paragraph (2). ‘‘(6) FEE ADJUSTMENT.—Effective for a covered pesticide registration application received on or after October 1, 2005, the Administrator shall— ‘‘(A) increase by 5 percent the service fee payable for the application under paragraph (3); and ‘‘(B) publish in the Federal Register the revised reg istration 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 accom panied 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. Federal Register, publication. Deadline. Federal Register, publication.

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