118 STAT. 426 PUBLIC LAW 108–199—JAN. 23, 2004 ‘‘(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 sec tion, 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of the applicable decision time review period under subsection (f)(3), a covered pesticide registra tion application is withdrawn by the applicant, the Administrator shall refund all but 10 percent of the total registration service fee payable under paragraph (3) for the application.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FIRST 60 DAYS OF DECI SION REVIEW TIME PERIOD.— ‘‘(i) IN GENERAL.—If a covered pesticide registra tion application is withdrawn after the first 60 days of the applicable decision time review period, the Administrator shall determine what portion, if any, of the total registration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 para graph (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shall— ‘‘(I) make the determination described in clause (i) not later than 90 days after the date the application is withdrawn; and ‘‘(II) provide any refund as soon as practicable after the determination.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the case of a pesticide reg istration application that has been filed with the Administrator and has not been withdrawn by the applicant, but for which the Administrator has not yet made a final determination, the Administrator may refund a portion of a covered registration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 applica tion, the Administrator has considered data sub mitted in support of another pesticide registration application; or Deadline.
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