Page:United States Statutes at Large Volume 118.djvu/460

 118 STAT. 430 PUBLIC LAW 108–199—JAN. 23, 2004 ‘‘(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 Adminis trator 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 Pes ticide Registration Improvement Act of 2003 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 pes ticide 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. ‘‘(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 sub section (f) for the application. Effective date.

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