[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.32]

[Page 330]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS 
IN FOOD--Table of Contents
 
                    Subpart B_Procedural Regulations
 
Sec. 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 ground therefor, may propose the 
issuance of a regulation amending or repealing a tolerance for a 
pesticide chemical on one or more 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 be 
accompanied by an advance deposit to cover fees as provided in Sec. 
180.33, except that no fee under this section shall be levied during the 
period beginning on October 1, 2003, and ending on September 30, 2008.
    (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 Sec. 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).
    (d) In ruling on a request under paragraph (a) of this section, the 
Administrator may publish a Federal Register notice requesting 
information and views on the request or providing other procedures as a 
matter of discretion.
    (e) When a request is denied under this section, the administrative 
record consist of:
    (1) The request, including all data and information submitted in 
support of the request.
    (2) Any Federal Register notice requesting information and views.
    (3) Any comments submitted by members of the public in response to 
the Federal Register notice requesting information and views.
    (4) If the request resulted in any other procedures, the order of 
the Administrator providing the procedures and the administrative record 
of the procedure provided.
    (5) All other documents or information submitted to the record.
    (6) The Administrator's order and decision on the request, including 
all information identified by the Administrator as part of the record.

[41 FR 4537, Jan. 30, 1976, as amended at 55 FR 21200, May 23, 1990; 55 
FR 50300, Dec. 5, 1990; 69 FR 12544, Mar. 17, 2004]