Page:United States Statutes at Large Volume 102 Part 3.djvu/714

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2666

PUBLIC LAW 100-532—OCT. 25, 1988

"(I) 15 percent of the rer^istration fee; or "(II) a proportionate amount of such fee based on the lowest percentage market share held by any registrant active in the marketplace. In no event shall r^pstrants who have no market share but who choose to reregister a pesticide containing such active ingredient collectively pay more than 25 percent of the total active ingredient rer^istration fee. "(B) The Administrator, by order, may require any r^istrant to submit such reports as the Administrator determines to be necessary to allow the Administrator to determine and apportion fees under this subsection or to determine the r^istrant's eligibility for a reduction or waiver of a fee. "(O If any such report is not submitted by a r^istrant after receiving notice of such report requirement, or if any fee prescribed by this subsection (other than paragraph (5)) for an active ingredient is not paid by a registrant to the Administrator by the time prescribed under this subsection, the Administrator, by order and without hearing, may cancel each r^istration held by such registrant of a pesticide containing the active ingredient with respect to which the fee is imposed. The Administrator shall reapportion the fee among the remaining r^istrants and notify the r^istrants that the r^istrants are required to pay to the Administrator any unpaid balance of the fee within 30 days after receipt of such notice, "(j) EXEMPTION OF CERTAIN REGISTRANTS.—The requirements of subsections (d), (e), (D, and (i) (other than sul^ection (i)(5)) r^arding data concerning an active ingredient and fees for review of such data shall not apply to any person who is the r^istrant of a pesticide to the extent that, under section 3(c)(2)(D), the person would not be required to submit or cite such data to obtain an initial registration of such pesticide. (k) REREGISTRATION AND EXPEDITED PROCESSING FUND.—

"(1) ESSTABUSHMENT.—There shall be established in the Treasury of the United States a reregistration and expedited processing fund. '(2) SOURCE AND USE.—All fees collected by the Administrator under subsection (i) shall be deposited into the fund and shall be available to the Administrator, without fiscal year limitation, to carry out rer^istration and expedited processing of similar applications. '(3) ExPEDfTED PROCESSING OF SIMILAR APPLICATIONS.—

Environmental protection.

"(A) The Administrator shall use each fiscal year not more than $2,000,000 of the amounts in the fund to obtain sufficient personnel and resources to assure the expedited processing and review of any application that— "(i) propos^ the initial or amended registration of an end-use pesticide that, if roistered as proposed, would be identical or substantially similar in composition and labeling to a currently-roistered pesticide identified in the application, or that would differ in composition and labeling from any such currently-roistered pesticide only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment; or