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point out errors that may have been made in transcribing the testimony. The presiding officer shall promptly thereafter order such corrections made as in his judgment are required to make the transcript conform to the testimony, and he shall certify the transcript of testimony and the exhibits to the Administrator.

§ 180.25 Filing the record of the hearing.

As soon as practicable after the close of the hearing, the complete record of the hearing shall be filed in the office of the Hearing Clerk. The record shall include the transcript of the testimony, and exhibits, and any written arguments that may have been filled.

§ 180.26 Copies of the record of the hearing.

The Agency will make provisions for a stenographic record of the testimony and for such copies of the transcript thereof as it requires for its own purposes. Any person desiring a copy of the record of the hearing or of any part thereof shall be entitled to the same upon payment of the costs thereof.

§ 180.27 Proposed order.

As soon as practicable after the time for filing written arguments has ended the Administrator shall prepare and cause to be published in the FEDERAL REGISTER & proposed order which shall incorporate findings of fact, recommend decisions on the objections which were the subject of the hearing and tentative regulations. The proposed order shall specify a reasonable time, ordinarily not to exceed 30 days, within which any interested person may file exceptions. The exceptions shall point out with particularity the alleged errors in said proposed order and shall contain a specific reference to the pages of the transcript of the testimony or to the exhibits on which each exception is based. Such exceptions may be accompanied by a memorandum brief.

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ADOPTION OF TOLERANCE ON INITIATIVE OF ADMINISTRATOR OR ON REQUEST OF INTERESTED PERSONS; JUDICIAL REVIEW; TEMPORARY TOLERANCES; AMENDMENT AND REPEAL OF TOLERANCES; FEES

§ 180.29 Adoption of tolerance on ini. tiative of Administrator or on request of an interested person.

(a) Upon the request of an interested person (other than a person who has registered or who has submitted an application for the registration of an economic poison under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135)) furnishing reasonable grounds therefor, and upon advance deposit to cover fees as prescribed in § 180.33, the Administrator may propose the issuance of a regulation establishing a tolerance for a pesticide chemical or exempting it from the necessity of a tolerance. Reasonable grounds shall include an explanation showing wherein the person has a substantial interest in such a tolerance or exemption from tolerance; information, if available, as to why registrant of the pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act has not petitioned for a tolerance or exemption from a tolerance; and adequate data on subjects outlined in clauses (A), (B), (C), (D), (E), and (F) of section 408(d) (1) of the Federal Food, Drug, and Cosmetic Act. If the Administrator concludes upon studying the request that it does not warrant a proposal for the issuance of a regulation, he shall so inform the person making the request and state the reasons for his decision.

(b) The notice of the proposal shall show whether it is made on the initiative of the Administrator or at the request of an interested person, naming such per

son.

(c) If within 30 days after publication of the proposal a person who has registered, or who has submitted an application for registration of an economic poison under the Federal Insecticide, Fungicide, and Rodenticide Act containing the pesticide chemical named in the proposal, requests in writing that the proposal be referred to an advisory committee and makes advance deposit as provided by § 180.33(i) (3), the Administrator shall appoint a committee as provided in § 180.11 and refer the proposal and relevant data to such committee. The Agency and the committee shall

proceed as prescribed in section 408 and this part.

(d) If further advance deposits are not made upon request of the Administrator, as provided in § 180.33 (i) (3), the request for referral of the petition to an advisory committee shall be considered withdrawn, and a tolerance shall be established within 90 days from the date on which the Administrator requested the further advance deposit.

§ 180.30 Judicial review.

(a) The Administrator hereby designates the Deputy General Counsel, Environmental Protection Agency as the officer upon whom copy of petition for judicial review shall be served. Such officer shall be responsible for filing in the court the record on which the order of the Administrator is based. The record shall be certified by the Administrator.

(b) Before forwarding the record to the court the Agency shall advise the petitioner of costs of preparing it and as soon as payment to cover fees is made shall forward the record to the court.

§ 180.31

Temporary tolerances.

(a) A temporary tolerance (or exemption from a tolerance) established under authority of section 408(j) of the act shall be deemed to be a tolerance (or exemption from the requirement of a tolerance) for the purposes of section 408(a) (1) or (2) of the act.

(b) (1) A request for a temporary tolerance or a temporary exemption from a tolerance by a person who has obtained an experimental permit for a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act shall be accompanied by a copy of such experimental permit, such data as are available on subjects outlined in clauses (A), (B), (C), (D), (E), (F), and (G) of section 408(d) (1), and an advance deposit to cover fees as provided in § 180.33 (d). (2) Before an experimental permit has been obtained, the Pesticides Tolerance Division upon request of the Environmental Protection Agency or a person who proposes to apply for an experimental permit will consider available data and discuss its adequacy for the purpose of justifying a tolerance or exemption from a tolerance.

(c) A notice of the issuance of a temporary tolerance outlining any restrictions as to use of the chemical imposed under the experimental permit under the

Federal Insecticide, Fungicide, and Rodenticide Act may be published in the FEDERAL REGISTER if the Administrator deems such publication desirable.

(d) A temporary tolerance or exemption from a tolerance may be issued for a period designed to allow the orderly marketing of the raw agricultural commodities produced while testing a pesticide chemical under an experimental permit issued under authority of the Federal Insecticide, Fungicide, and Rodenticide Act when the Administrator concludes that the public health can be adequately protected during such marketing. A temporary tolerance or exemption from a tolerance may be revoked if the experimental permit is revoked, or may be revoked at any time if it develops that the application for a temporary tolerance contains a misstatement of a material fact or that new scientific data or experience with the pesticide chemical indicates that it may be hazardous to the public health.

(e) Conditions under which a temporary tolerance is established shall include:

(1) A limitation on the amount of the chemical to be used on the designated crops permitted under the experimental permit.

(2) A limitation for the use of the chemical on the designated crops to bona fide experimental use by qualified persons as indicated in the experimental permit.

(3) A requirement that the person or firm which obtains the experimental permit for which the temporary tolerance is established will immediately inform the Environmental Protection Agency of any reports on findings from the experimental use that have a bearing on safety.

(4) A requirement that the person or firm which obtained the experimental permit for which the temporary tolerance is established will keep records of production, distribution, and performance for a period of 2 years and, on request, at any reasonable time, make these records available to any authorized offcer or employee of the Environmental Protection Agency.

§ 180.32 Procedure for amending and repealing tolerances or exemptions from tolerances.

(a) The Administrator on his own initiative or on request from an interested person furnishing reasonable

grounds therefor, may propose the issuance of a regulation amending or repealing a tolerance for a pesticide chemical on raw agricultural commodities or granting or repealing an exemption from tolerance for such chemical. Requests for such amendment or repeal shall be made in writing and accompanied by an advance deposit to cover fees as provided in § 180.33 (d).

(b) Reasonable grounds shall include an explanation showing wherein the person has a substantial interest in such tolerance or exemption from tolerance and an assertion of facts (supported by data if available) showing that new uses for the pesticide chemical have been developed or old uses abandoned, that new data are available as to toxicity of the chemical, or that experience with the application of the tolerance or exemption from tolerance may justify its amendment or repeal. Evidence that a person has registered or has submitted an application for the registration of an economic poison under the Federal Insecticide, Fungicide, and Rodenticide Act will be regarded as evidence that he has a substantial interest in a tolerance or exemption from the requirement of a tolerance for a pesticide chemical that consists in whole or in part of the economic poison. New data should be furnished in the form specified in § 180.7(b) for submitting petitions.

(c) The notice announcing the proposal to amend or repeal a regulation shall show whether the proposal was made on the initiative of the Administrator or at the request of an interested person, naming such person. From this point the proceedings shall be the same as prescribed by section 408(e), beginning with the second sentence of that paragraph, and the regulations applicable to section 408 (d), (e), (f), and (g), § 180.33 Fees.

(a) Except as noted in paragraphs (b) and (c) of this section, each petition or request for the establishment of a tolerance shall be accompanied by a deposit of $10,000, plus $1,000 for each raw agricultural commodity more than nine on which the establishment of a tolerance is requested.

(b) Except as noted in paragraph (d) (2) of this section, a petition requestIng a temporary tolerance or a temporary exemption from the requirement of a tolerance shall be accompanied by a

deposit of $6,000. A request to renew or extend such temporary tolerance or temporary exemption shall be accompanied by a deposit of $3,000.

(c) Each petition or request for the establishment of a tolerance at a lower numerical level or levels than a tolerance already established for the same pesticide chemical, or for the establishment of a tolerance on additional raw agricultural commodities at the same numerical level as a tolerance already established for the same pesticide chemical, shall be accompanied by a deposit of $1,000, plus $1,000 for each raw agricultural commodity on which a tolerance is requested.

(d) Each petition or request for an exemption from the requirement of a tolerance or the amendment or repeal of a tolerance or exemption shall be accompanied by a deposit of $10,000, unless it meets the requirements of subparagraph (1) or (2) of this paragraph.

(1) Such deposit is not required when, in connection with the change sought under this paragraph, a petition or request is filed for the establishment of new tolerances to take the place of those sought to be amended or repealed and a deposit is made as required by paragraph (a) of this section.

(2) A request for a temporary tolerance for a pesticide chemical which has a tolerance for other uses at the same numerical level or a higher numerical level shall be accompanied by a deposit of $1,000, plus $1,000 for each raw agricultural commodity on which the temporary tolerance is sought.

(e) If a petition or a request proposing the issuance of a regulation is not accepted for filing or processing because it is technically incomplete, the deposit, less a $1,000 fee for clerical handling and initial administrative review, shall be returned unless the petitioner indicates that he wishes to submit a supplement, in which case the deposit will be held by the Administrator, and the supplement shall be accompanied by a nonreturnable fee of $1,000.

(f) When a petition is withdrawn after filing and resubmitted within 6 months, it shall be accompanied by a deposit of $3,000, or by a deposit equal to the one originally submitted, whichever is smaller. If resubmitted after 6 months, it shall be accompanied by the deposit that would be required if it were being submitted for the first time.

(g) After a petition has been filed, any additional information or data submitted in support of it (i.e., any substantive amendment) shall be accompanied by a deposit of $3,000 or by a deposit equal to the one originally submitted, whichever is smaller.

(h) Objections under section 408 (d) (5) of the Act shall be accompanied by a filing fee of $1,000.

(1) (1) In the event of a referral of a petition or proposal under this section to an advisory committee, the costs shall be borne by the person who requests the referral of the data to the advisory committee.

(2) Costs of the advisory committee shall include compensation for experts as provided in § 180.11(c) and the expenses of the secretariat, including the costs of duplicating petitions and other related material referred to the committee.

(3) An advance deposit shall be made in the amount of $10,000 to cover the costs. Further advance deposits of $10,000 each shall be made upon request of the Administrator when necessary to prevent arrears in the payment of such costs. Any deposits in excess of actual expenses will be refunded to the depositor.

(j) The person who filles a petition for judicial review of an order under section 408 (d) (5) or (e) of the act shall pay the costs of preparing the record on which the order is based.

(k) All deposits and fees required by the regulations in this part shall be paid by money order, bank draft, or certified check drawn to the order of the Environmental Protection Agency, collectible at par at Washington, D.C. All deposits and fees shall be forwarded to the Environmental Protection Agency, Washington, D.C., 20460, whereupon after making appropriate record thereof they will be transmitted to the Chief Disbursing Officer, Division of Disbursement, Treasurer of the United States, for deposit to a special account.

(1) The Administrator may waive or refund such fees in whole or in part when in his judgment such action will promote the public interest.

(m) Any person who believes that payment of these fees will work a hardship on him may petition the Administrator to waive or refund the fees. Ordinarily, fees will not be refundable

after a petition is filed under section 408(d) or after scientific review has begun on a petition submitted under section 408 (e) or (j).

[36 FR 22540, Nov. 25, 1971, as amended at 37 FR 13978, July 15, 1972]

§ 180.34 Tests on the amount of residue remaining.

(a) Data in a petition on the amount of residue remaining in or on a raw agricultural commodity should establish the residue that may remain when the pesticide chemical is applied according to directions registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or according to directions contained in an application for registration. These data should establish the residues that may remain under conditions most likely to result in high residues on the commodity.

(b) The petition should establish the reliability of the residue data reported in it. Sufficient information should be submitted about the analytical method to permit competent analysts to apply it successfully.

(c) If the pesticide chemical is absorbed into a living plant or animal when applied (is systemic), residue data may be needed on each plant or animal on which a tolerance or exemption is

requested.

(d) If the pesticide chemical is not absorbed into the living plant or animal when applied (is not systemic), it may be possible to make a reliable estimate of the residues to be expected on each commodity in a group of related commodities on the basis of less data than would be required for each commodity in the group, considered separately.

(e) Each of the following groups of crops lists raw agricultural commodities that are considered to be related for the purpose of paragraph (d) of this section. Commodities not listed in this paragraph are not considered as related for the purpose of paragraph (d) of this section. This grouping of crops does not affect the certification of usefulness by the Administrator as contemplated by section 408 (1) of the act.

(1) Apples, crabapples, pears, quinces. (2) Avocados, papayas.

(3) Blackberries, boysenberries, dewberries, loganberries, raspberries.

(4) Blueberries, currants, gooseberries, huckleberries.

(5) Cherries, plums, prunes.

(6) Oranges, citrus citron, grapefruit, kumquats, lemons, limes, tangelos, tangerines.

(7) Mangoes, persimmons.

(8) Peaches, apricots, nectarines. (9) Beans, peas, soybeans (each in dry form).

(10) Beans, peas, soybeans (each in succulent form).

(11) Broccoli, brussels sprouts, cauliflower, kohlrabi.

(12) Cantaloups, honeydew melons, muskmelons, pumpkins, watermelons, winter squash.

(13) Carrots, garden beets, sugar beets, horseradish, parsnips, radishes, rutabagas, salsify roots, turnips.

(14) Celery, fennel.

(15) Cucumbers, summer squash. (16) Lettuce, endive (escarole), Chinese cabbage, salsify tops.

(17) Onions, garlic, leeks, shallots (green, or in dry bulb form).

(18) Potatoes, Jerusalem-artichokes, sweetpotatoes, yams.

(19) Spinach, beet tops, collards, dandelion, kale, mustard greens, parsley, Swiss chard, turnip tops, watercress. (20) Tomatoes, eggplants, peppers,

pimentos.

Group

Citrus fruits__.

Cucurbits

Forage grasses....

Forage legumes.......

Fruiting vegetables..
Grain crops---.

Leafy vegetables---.

Nuts

(21) Pecans, almonds, brazil nuts, bush nuts, butternuts, chestnuts, filberts, hazelnuts, hickory nuts, walnuts.

(22) Field corn, popcorn, sweet corn (each in grain form).

(23) Milo, sorghum (each in grain form).

(24) Wheat, barley, oats, rice, rye (each in grain form).

(25) Clovers, alfalfa, cowpea hay, lespedeza, lupines, peanut hay, pea-vine hay, soybean hay, vetch.

(26) Corn forage, sorghum forage. (27) Sugarcane, cane sorghum.

(f) It may be possible to make a reliable estimate of negligible residues of pesticide chemicals to be expected on each commodity in a designated grouping on the basis of data on a representative number of commodities listed in the following designated groups. Tolerances for negligible residues will be established on the group as a whole following the certification of usefulness (pursuant to section 408 (1) of the act) on the group as a whole. This does not affect this Agency's requirements for data for registration of labels for each commodity. Commodities not listed are not considered as included in the groupings for the purpose of this paragraph.

Commodities therein

Citrus citron, grapefruit, kumquats, lemons, limes, oranges,
tangelos, tangerines, and hybrids of these.
Cantaloups, casabas, crenshaws, cucumbers, honey balls,
honeydew melons, melons, melon hybrids, muskmelons,
Persian melons, pumpkins, summer squash, watermelons
and their hybrids, winter squash.

Any grasses (either green or cured) that will be fed to or
grazed by livestock, all pasture and range grasses, all
grasses grown for hay or silage, corn grown for fodder or
silage, sorghum grown for hay or silage, small grains
grown for hay, grazing, or silage.

Any crop belonging to the family Leguminosae that is
grown for forage (hay, grazing, silage, etc.), alfalfa,
beans (for forage), clovers, cowpeas (for forage), cowpea
hay, lespedezas, peanuts (for forage), peanut hay, peas
(for forage), pea vine hay, trefoil, velvet beans (for for-
age), vetch, soybeans (for forage), soybean hay.
Egg plants, peppers, pimentos, tomatoes.
Any crop belonging to the family Graminae that produces
mature seed that are used for food or feed, barley, buck-
wheat, corn (field corn, sweet corn, and popcorn), milo,
oats, rice, rye, sorghums (grain), wheat.
Anise (fresh leaf and stock only), beet greens (tops),
broccoli, broccoli raab, brussels sprouts, cabbage, cauli-
flower, celery, Chinese cabbage, collards, dandelion, en-
dive, escarole, fennel, kale, kohlrabi, lettuce, mustard
greens, parsely, rhubarb, salsify tops, spinach, sugar beet
tops, Swiss chard, turnip greens (tops), watercress.
Almonds, Brazil nuts, bush nuts, butternuts, cashews,
chestnuts, filberts, hazelnuts, hickory nuts, macadamia
nuts, pecans, walnuts.

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