[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Rules and Regulations]
[Pages 43985-43990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12497]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 594
[Docket No. NHTSA 2006-24128; Notice 3]
RIN 2127-AJ87
Schedule of Fees Authorized by 49 U.S.C. 30141
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This document adopts fees for Fiscal Year (FY) 2007 and until
further notice, as authorized by 49 U.S.C. 30141, relating to the
registration of importers and the importation of motor vehicles not
certified as conforming to the Federal Motor Vehicle Safety Standards
(FMVSS). These fees are needed to maintain the registered importer (RI)
program.
We are decreasing the fees for the registration of a new RI from
$830 to $677 and the annual fee for renewing an existing registration
from $745 to $570. These fees include the costs of maintaining the RI
program. The fee required to reimburse the U.S. Department of Homeland
Security (Customs) for conformance bond processing costs will increase
from $9.30 to $9.77 per bond. We are also increasing the fees assessed
against the importer of each vehicle covered by the decision to grant
import eligibility. For vehicles determined eligible based on their
substantial similarity to a U.S. certified vehicle, the fee is
increased from $150 to $208. For vehicles determined eligible based on
their capability of being modified to comply with all applicable FMVSS,
the fee is increased from $150 to $208. In the event that a petitioner
requests an inspection of a vehicle, the fee for such an inspection
will remain $827 for vehicles that are the subject of either type of
petition. The fee that an RI must pay as a processing cost for review
of each conformity package that it submits to NHTSA will decrease to
$13 from $18 per certificate. If the vehicle has been entered
electronically with Customs through the Automated Broker Interface
(ABI) and the registered importer has an e-mail address, the fee for
processing the conformity package will continue to be $6, provided the
fee is paid by credit card. However, if NHTSA finds that the
information in the entry or the conformity package is incorrect, the
processing fee will be $48, representing no change from the fee that is
currently charged when there are one or more errors in the ABI entry or
omissions in the statement of conformity.
DATES: The amendments established by this final rule will become
effective on October 1, 2006, the beginning of FY 2007. Petitions for
reconsideration must be received by NHTSA not later than September 18,
2006.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice numbers identified above and be
submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590. It is
requested, but not required, that 10 copies of the petition be
submitted. The petition must be received not later than 45 days after
publication of this final rule in the Federal Register. Petitions filed
after that time will be considered petitions filed by interested
persons to initiate rulemaking pursuant to 49 U.S.C. Chapter 301.
The petition must contain a brief statement of the complaint and an
explanation as to why compliance with the final rule is not
practicable, is unreasonable, or is not in the public interest. Unless
otherwise specified in the final rule, the statement and explanation
together may not exceed 15 pages in length, but necessary attachments
may be appended to the submission without regard to the 15-page limit.
If it is requested that additional facts be considered, the petitioner
must state the reason why they were not presented to the Administrator
within the prescribed time. The Administrator does not consider
repetitious petitions and unless the Administrator otherwise provides,
the filing of a petition does not stay the effectiveness of the final
rule.
FOR FURTHER INFORMATION CONTACT: For legal issues: Michael Goode,
Office of
[[Page 43986]]
Chief Counsel, National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590 (202-366-5263). For all other
issues: Coleman Sachs, Office of Vehicle Safety Compliance, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590 (202-366-5291).
SUPPLEMENTARY INFORMATION:
A. Introduction
This rule was preceded by a notice of proposed rulemaking (NPRM)
that NHTSA published on April 19, 2006 (71 FR 20061). On May 9, 2006,
the agency published another notice correcting the docket number (71 FR
26919).
The National Traffic and Motor Vehicle Safety Act, as amended by
the Imported Vehicle Safety Compliance Act of 1988, and recodified as
49 U.S.C. 30141-30147 (``the Act''), provides for fees to cover the
costs of the importer registration program, the cost of making import
eligibility decisions, and the cost of processing the bonds furnished
to Customs. Certain fees became effective on January 31, 1990, and have
been in effect, with modifications, since then. On June 24, 1996, we
published a notice in the Federal Register at 61 FR 32411 that
discussed the rulemaking history of 49 CFR part 594 and the fees
authorized by the Act. The reader is referred to that notice for
background information relating to this rulemaking action.
We last amended the fee schedule in 2004. See final rule published
on September 28, 2004 at 69 FR 57869. Those fees applied to Fiscal
Years 2005 and 2006.
The fees adopted by this final rule are based on time and costs
associated with the tasks for which the fees are assessed and reflect
the slight increase in hourly costs in the past two fiscal years
attributable to the approximately 3.71 and 3.44 percent raises
(including the locality adjustment for Washington, DC) in salaries of
employees on the General Schedule that became effective on January 1,
2005, and on January 1, 2006, respectively.
B. Comments
There were no comments in response to the notice of proposed
rulemaking.
C. Requirements of the Fee Regulation
Section 594.6--Annual Fee for Administration of the Importer
Registration Program
Section 30141(a)(3) of Title 49, U.S. Code provides that RIs must
pay the annual fee the Secretary of Transportation establishes ``* * *
to pay for the costs of carrying out the registration program for
importers * * *.'' This fee is payable both by new applicants and by
existing RIs. To maintain its registration, each RI, at the time it
submits its annual fee, must also file a statement affirming that the
information it furnished in its registration application (or in later
submissions amending that information) remains correct (49 CFR
592.5(f)).
In compliance with the statutory directive, we reviewed the
existing fees and their bases in an attempt to establish fees that
would be sufficient to recover the costs of carrying out the
registration program for importers for at least the next two fiscal
years. The initial component of the Registration Program Fee is the fee
attributable to processing and acting upon registration applications.
We will decrease this fee from $293 to $266 for new applications. We
have also determined that the fee for the review of the annual
statement will be decreased from $208 to $159. These fee adjustments
reflect reduced ``per hour'' computer costs, which are attributed to
the implementation of client-server Information Technology (IT) systems
based on user-friendly personal computers. The proposed adjustments
also reflect our time expenditures in reviewing both new applications
and annual statements with accompanying documentation, as well as the
inflation factor attributable to Federal salary increases and locality
adjustments in the two years since the regulation was last amended.
We must also recover costs attributable to maintenance of the
registration program that arise from the need for us to review a
registrant's annual statement and to verify the continuing validity of
information already submitted. These costs also include anticipated
costs attributable to the possible revocation or suspension of
registrations and reflect the amount of time that we have devoted to
those matters in the past two years.
Based upon our review of these costs, the portion of the fee
attributable to the maintenance of the registration program is
approximately $411 for each RI, a decrease of $126. When this $411 is
added to the $266 representing the registration application component,
the cost to an applicant comes to $677, which is the fee we are
adopting. This represents a decrease of $260 over the existing fee.
When the $411 is added to the $159 representing the annual statement
component, the total cost to the RI comes to $570, which represents a
decrease of $175.
Section 594.6(h) enumerates indirect costs associated with
processing the annual renewal of RI registrations. The provision states
that these costs represent a pro rata allocation of the average salary
and benefits of employees who process the annual statements and perform
related functions, and ``a pro rata allocation of the costs
attributable to maintaining the office space, and the computer or word
processor.'' The indirect costs that were previously calculated at
$20.07 per man-hour are being decreased by $3.00, to $17.07. This
decrease is based on the difference between enacted budgetary costs
within the Department of Transportation for the last two fiscal years,
which were lower than the estimates used when the fee schedule was last
amended, and takes account of further projected decreases over the next
two fiscal years.
Sections 594.7 and 594.8--Fees To Cover Agency Costs in Making
Importation Eligibility Determinations
Section 30141(a)(3) also requires RIs to pay other fees the
Secretary of Transportation establishes to cover the costs of ``* * *
(B) making the decisions under this subchapter.'' This includes
decisions on whether the vehicle sought to be imported is substantially
similar to a motor vehicle that was originally manufactured for
importation into and sale in the United States and certified by its
original manufacturer as complying with all applicable FMVSS, and
whether the vehicle is capable of being readily altered to meet those
standards. Alternatively, where there is no substantially similar
U.S.--certified motor vehicle, the decision is whether the safety
features of the vehicle comply with, or are capable of being altered to
comply with, the FMVSS based on destructive test information or such
other evidence that NHTSA deems to be adequate. These decisions are
made in response to petitions submitted by RIs or manufacturers, or on
the Administrator's own initiative.
The fee for a vehicle imported under an eligibility decision made
in response to a petition is payable in part by the petitioner and in
part by other importers. The fee to be charged for each vehicle is the
estimated pro rata share of the costs in making all the eligibility
determinations in a fiscal year.
The fee adopted by this final rule reflects the slight increase in
hourly costs in the past two fiscal years attributable to the
approximately 3.71 and 3.44 percent raises (including the locality
adjustment for Washington, DC) in salaries of employees on the General
Schedule that became effective on January 1, 2005, and on January 1,
2006, respectively. We have also reduced costs by issuing a single
Federal
[[Page 43987]]
Register notice to announce import eligibility decisions made on
multiple vehicles and realized reduced ``per hour'' computer costs,
which are attributed to the implementation of client-server IT systems
based on user-friendly personal computers. Despite the cost savings
that have accrued from these developments, RIs have imported fewer
vehicles each year since we last amended the fee schedule. This has
increased the pro rata share of petition costs that are to be assessed
against the importer of each vehicle covered by the decision to grant
import eligibility. The agency has also devoted an increasing share of
staff time in the past two years to the review and processing of import
eligibility petitions owing to a proportionately greater number of
comments being submitted in response to these petitions, as well as
complications that result when the petitioner or one or more commenters
request confidentiality for information they submit to the agency.
Additional staff time is also needed to analyze the petitions and any
comments received owing to new requirements being adopted in the FMVSS.
Despite these factors, we are not increasing the current fee of $175
that covers the initial processing of a ``substantially similar''
petition. Instead, as discussed below, we will address these additional
costs by increasing the pro rata share of petition costs that are
assessed against the importer of each vehicle covered by the decision
to grant import eligibility. Likewise, we are also maintaining the
existing fee of $800 to cover the initial costs for processing
petitions for vehicles that have no substantially similar U.S.-
certified counterpart.
In the event that a petitioner requests an inspection of a vehicle,
the fee for such an inspection will remain $827 for vehicles that are
the subject of either type of petition.
Importers of vehicles determined to be eligible for importation
pay, upon the importation of those vehicles, a pro rata share of the
total cost for making the eligibility decision. The importation fee
varies depending upon the basis on which the vehicle is determined to
be eligible. For vehicles covered by an eligibility decision on the
agency's own initiative (other than vehicles imported from Canada that
are covered by eligibility numbers VSA-80 through 83, for which no
eligibility decision fee is assessed), the fee will remain $125. NHTSA
determined that the costs associated with previous eligibility
determinations on the agency's own initiative will be fully recovered
by October 1, 2006. We will apply the fee of $125 per vehicle only to
vehicles covered by determinations made by the agency on its own
initiative on or after October 1, 2006.
In 2005, the most recent year for which complete data exists, the
agency expended $79,626 in making import eligibility decisions based on
petitions. The petitioners paid $8,575 of that amount in the processing
fees that accompanied the filing of their petitions, leaving the
remaining $71,051 to be recovered from the importers of the 192
vehicles imported that year under petition-based import eligibility
decisions. Dividing $71,051 by 192 yields a pro rata fee of $370 for
each vehicle imported under an eligibility decision that resulted from
the granting of a petition.
However, the agency believes that the volume of petition-based
imports for the next two fiscal years should not be projected on the
basis of a single year, particularly one in which the volume of
petitioned-based imports was atypically low. The agency therefore took
the average number of petition-based imports over the past 15 years to
project the number of such vehicles that would be imported in Fiscal
Years 2007 and 2008. Further, we anticipate that petitions filed during
Fiscal Years 2007 and 2008 would also more closely reflect the average
number of petitions received each year since 1991, the first year that
the agency received import eligibility petitions. Based on these
estimates, we anticipate that nearly 600 vehicles would be imported
under petition-based eligibility decisions and that 42 petition-based
import eligibility decisions would be made.
Based on these estimates, the agency's costs for processing these
petitions would increase to no more than $140,000. Petitioners would
pay slightly more than $15,000 of that amount in the processing fees
that accompany the filing of their petitions, leaving the remaining
$125,000 to be recovered from the importers of the nearly 600 vehicles
to be imported each year under petition-based import eligibility
decisions. Dividing $125,000 by 600 yields a pro-rata fee of $208 for
each vehicle imported under an eligibility decision that results from
the granting of a petition.
Based on our estimates for Fiscal Years 2007 and 2008, the pro rata
fee to be paid by the importer of each such vehicle will increase from
$150 to $208, representing an increase of $58 from the existing fee for
each vehicle imported. The same $208 fee will be paid regardless of
whether the vehicle was petitioned under 49 CFR 593.6(a), based on the
substantial similarity of the vehicle to a U.S.-certified model, or was
petitioned under 49 CFR 593.6(b), based on the safety features of the
vehicle complying with, or being capable of being modified to comply
with all applicable FMVSS.
Section 594.9--Fee To Recover the Costs of Processing the Bond
Section 30141(a)(3) also requires a registered importer to pay any
other fees the Secretary of Transportation establishes ``* * * to pay
for the costs of--(A) processing bonds provided to the Secretary of the
Treasury * * *'' Under Section 30141(d), the bond is provided at the
time a nonconforming vehicle is imported to ensure that the vehicle
will be brought into compliance within 120 days as required by 49 CFR
591.8(d)(1), or if it is not brought into compliance within such time,
that it be exported, without cost to the United States, or abandoned to
the United States.
The Department of Homeland Security (Customs) now exercises the
functions associated with the processing of these bonds. The statute
contemplates that we will make a reasonable determination of the cost
that Customs incurs in processing the bonds. In essence, the cost to
Customs is based upon an estimate of the time that a GS-9, Step 5
employee spends on each entry, which Customs has judged to be 20
minutes.
Based on General Schedule salary and locality raises that were
effective in January 2005 and 2006 and the inclusion of costs for
benefits, we are increasing the processing fee by $0.47, from $9.30 per
bond to $9.77. This fee will reflect the direct and indirect costs that
are actually associated with processing the bonds.
Section 594.10--Fee for Review and Processing of Conformity Certificate
Each RI is currently required to pay $18 per vehicle to cover the
costs the agency incurs in reviewing a certificate of conformity. We
have found that these costs have decreased to an average of $13 per
vehicle because of lower contractor costs and reduced ``per hour''
computer costs, which are attributed to the implementation of client-
server IT systems based on user-friendly personal computers. Based on
these costs, we are reducing the fee charged for vehicles for which a
paper entry and fee payment is made, from $18 to $13, a difference of
$5 per vehicle. However, if an RI enters a vehicle through the
Automated Broker Interface (ABI) system, has an e-mail address to
receive communications from NHTSA, and pays the fee by credit card, the
cost savings that we realize allow us to significantly reduce the fee
to $6. We
[[Page 43988]]
are maintaining the fee of $6 per vehicle if all the information in the
ABI entry is correct.
Errors in ABI entries not only eliminate any time savings, but also
require additional staff time to be expended in reconciling the
erroneous ABI entry information with the conformity data that is
ultimately submitted. Our experience with these errors has shown that
staff members must examine records, make time-consuming long distance
telephone calls, and often consult supervisory personnel to resolve the
conflicts in the data. We have calculated this staff and supervisory
time, as well the telephone charges, to amount to approximately $42 for
each erroneous ABI entry. Adding this to the $6 fee for the review of
conformity packages on automated entries yields a total of $48,
representing no change in the fee that is currently charged when there
are one or more errors in the ABI entry or omissions in the statement
of conformity.
Statutory Basis for the Final Rule and Effective Date
NHTSA is required under 49 U.S.C. 30141(e) to ``review and make
appropriate adjustments at least every 2 years in the amounts of the
fees'' relating to the registration of importers, the processing of
bonds, and making decisions concerning the importation of nonconforming
vehicles. The statute further requires the agency to ``establish the
fees for each fiscal year before the beginning of that year.'' This
final rule implements the statutory provisions.
Fiscal Year 2007 begins on October 1, 2006. In the NPRM, we
proposed to make this rule effective October 1, 2006, and did not
receive any comments on this issue. Accordingly, the effective date of
this final rule is October 1, 2006.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is not significant.
Accordingly, the Office of Management and Budget has not reviewed this
rulemaking document under Executive Order 12886. Based on the level of
the fees and the volume of affected vehicles, NHTSA currently
anticipates that the costs of the final rule would be so minimal as not
to warrant preparation of a full regulatory evaluation. The action does
not involve any substantial public interest or controversy. There would
be no substantial effect upon State and local governments. There would
be no substantial impact upon a major transportation safety program. A
regulatory evaluation analyzing the economic impact of the final rule
establishing the registered importer program, adopted on September 29,
1989, was prepared, and is available for review in the docket.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBFEFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
The agency has considered the effects of this rulemaking under the
Regulatory Flexibility Act, and certifies that the adopted amendments
will not have a significant economic impact upon a substantial number
of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The adopted amendments will
primarily affect entities that currently modify nonconforming vehicles
and which are small businesses within the meaning of the Regulatory
Flexibility Act; however, the agency has no reason to believe that
these companies would be unable to pay the fees adopted in this
rulemaking action. In some instances, these fees are only modestly
increased (and in most instances decreased) from the fees previously
paid by these entities. Moreover, consistent with prevailing industry
practices, these fees should be passed through to the ultimate
purchasers of the vehicles that are altered and, in most instances,
sold by the affected registered importers. The cost to owners or
purchasers of nonconforming vehicles that are altered to conform to the
FMVSS may be expected to increase (or decrease) to the extent necessary
to reimburse the registered importer for the fees payable to the agency
for the cost of carrying out the registration program and making
eligibility decisions, and to compensate Customs for its bond
processing costs.
Governmental jurisdictions will not be affected at all since they
are generally neither importers nor purchasers of nonconforming motor
vehicles.
C. Executive Order 13132 (Federalism)
Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
Federalism implications.'' Executive Order 13132 defines the term
``policies that have federalism implications'' to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, NHTSA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance
[[Page 43989]]
costs incurred by State and local governments, or NHTSA consults with
State and local officials early in the process of developing the
proposed regulation.
The amendments adopted in this final rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government as specified in
Executive Order 13132. The reason is that this final rule applies to
importers of motor vehicles and registered importers, not to State or
local governments. Thus, the requirements of section 6 of the Executive
Order do not apply to this rulemaking action.
D. National Environmental Policy Act
NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action would not have a significant
effect upon the environment because the fee adjustments being adopted
have no environmental implications.
E. Executive Order 12778 (Civil Justice Reform)
Pursuant to Executive Order 12988 ``Civil Justice Reform,'' this
agency has considered whether the amendments adopted in this final rule
will have any retroactive effect. NHTSA concludes that those amendments
will not have any retroactive effect. Judicial review of the final rule
may be obtained pursuant to 5 U.S.C. 702. That section does not require
that a petition for reconsideration be filed prior to seeking judicial
review.
F. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because this final rule will not
require the expenditure of resources beyond $100 million annually, this
action is not subject to the requirements of Sections 202 and 205 of
the UMRA.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. This final rule
will require no information collections.
H. Executive Order 13045
Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us. This
rulemaking is not economically significant.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
After conducting a search of available sources, we have concluded
that there are no voluntary consensus standards applicable to this
final rule.
J. Privacy Act
Anyone is able to search the electronic form of all submissions
received into any of our dockets by the name of the individual
submitting the comment or petition (or signing the comment or petition,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or you may visit http://dms.dot.gov.
K. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.
List of Subjects in 49 CFR Part 594
Imports, Motor vehicle safety, Motor vehicles.
0
In consideration of the foregoing, part 594, Schedule of Fees
Authorized by 49 U.S.C. 30141, in Title 49 of the Code of Federal
Regulations is amended as follows:
PART 594--SCHEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141
0
1. The authority citation for part 594 continues to read as follows:
Authority: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of
authority at 49 CFR 1.50.
0
2. Section 594.6 is amended by;
0
(a) Revising the introductory text of paragraph (a);
0
(b) Revising paragraph (b);
0
(c) Revising paragraph (d);
0
(d) Revising the second sentence of paragraph (h); and
0
(e) Revising paragraph (i) to read as follows:
Sec. 594.6 Annual fee for administration of the registration program.
(a) Each person filing an application to be granted the status of a
Registered Importer pursuant to part 592 of this chapter on or after
October 1, 2006, must pay an annual fee of $677, as calculated below,
based upon the direct and indirect costs attributable to:
* * * * *
(b) That portion of the initial annual fee attributable to the
processing of the application for applications filed on and after
October 1, 2006, is $266. The sum of $266, representing this portion,
shall
[[Page 43990]]
not be refundable if the application is denied or withdrawn.
* * * * *
(d) That portion of the initial annual fee attributable to the
remaining activities of administering the registration program on and
after October 1, 2006, is set forth in paragraph (i) of this section.
This portion shall be refundable if the application is denied, or
withdrawn before final action upon it.
* * * * *
(h) * * * This cost is $17.07 per man-hour for the period beginning
October 1, 2006.
(i) Based upon the elements and indirect costs of paragraphs (f),
(g), and (h) of this section, the component of the initial annual fee
attributable to administration of the registration program, covering
the period beginning October 1, 2006, is $411. When added to the costs
of registration of $266, as set forth in paragraph (b) of this section,
the costs per applicant to be recovered through the annual fee are
$677. The annual renewal registration fee for the period beginning
October 1, 2006, is $570.
0
3. Section 594.7 is amended by revising paragraph (e) to read as
follows:
Sec. 594.7 Fee for filing petition for a determination whether a
vehicle is eligible for importation.
* * * * *
(e) For petitions filed on and after October 1, 2006, the fee
payable for seeking a determination under paragraph (a)(1) of this
section is $175. The fee payable for a petition seeking a determination
under paragraph (a)(2) of this section is $800. If the petitioner
requests an inspection of a vehicle, the sum of $827 shall be added to
such fee. No portion of this fee is refundable if the petition is
withdrawn or denied.
* * * * *
0
4. Section 594.8 is amended by revising paragraph (b) and the first
sentence of paragraph (c) to read as follows:
Sec. 594.8 Fee for importing a vehicle pursuant to a determination by
the Administrator.
* * * * *
(b) If a determination has been made pursuant to a petition, the
fee for each vehicle is $208. The direct and indirect costs that
determine the fee are those set forth in Sec. Sec. 594.7(b), (c), and
(d).
(c) If a determination has been made on or after October 1, 2006,
pursuant to the Administrator's initiative, the fee for each vehicle is
$125. * * *
0
5. Section 594.9 is amended by revising paragraph (c) to read as
follows:
Sec. 594.9 Fee for reimbursement of bond processing costs.
* * * * *
(c) The bond processing fee for each vehicle imported on and after
October 1, 2006, for which a certificate of conformity is furnished, is
$9.77.
0
6. Section 594.10 is amended by revising paragraph (d) to read as
follows:
Sec. 594.10 Fee for review and processing of conformity certificate.
* * * * *
(d) The review and processing fee for each certificate of
conformity submitted on and after October 1, 2006 is $13. However, if
the vehicle covered by the certificate has been entered electronically
with the U.S. Department of Homeland Security through the Automated
Broker Interface and the registered importer submitting the certificate
has an e-mail address, the fee for the certificate is $6, provided that
the fee is paid by a credit card issued to the registered importer. If
NHTSA finds that the information in the entry or the certificate is
incorrect, requiring further processing, the processing fee shall be
$48.
Issued on: July 28, 2006.
Nicole R. Nason,
Administrator.
[FR Doc. E6-12497 Filed 8-2-06; 8:45 am]
BILLING CODE 4910-59-P