[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Rules and Regulations]
[Pages 51043-51045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23794]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 594
[Docket No. 89-8; Notice 10]
RIN 2127-AG43
Schedule of Fees Authorized by 49 U.S.C. 30141
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts fees for Fiscal Year 1997 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).
NHTSA has adopted its proposal that the annual fee for the
registration of a new importer be increased from $456 to $501, and the
annual fee for renewal of registration be increased from $240 to $332.
The fee required to reimburse the U.S. Customs Service for bond
processing costs increases by $0.20, from $4.95 to $5.15 per bond.
The fee payable for a determination that a nonconforming vehicle is
capable of conversion to meet the FMVSS is increased from $104 to $199
if the determination results from a petition arguing that the
nonconforming vehicle is substantially similar to conforming vehicles.
With respect to vehicles that have no substantially similar
counterpart, the fee rises from $520 to $721. In addition, the fee
payable by the importer of each vehicle that benefits by a
determination is increased from $93 to $134, regardless of whether the
determination is made pursuant to a petition or by NHTSA on its own
initiative.
EFFECTIVE DATE: The effective date of the final rule is October 1,
1996.
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, Office of Safety Assurance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Introduction
On June 24, 1996, NHTSA published the notice of proposed rulemaking
on which this final rule is based (61 FR 32411). The reader is referred
to that notice for a full discussion of the rulemaking history of part
594 and the fees authorized by the Imported Vehicle Safety Compliance
Act of 1988, P.L. 100- 562. The fees applicable in any fiscal year are
to be established before the beginning of such year. The statute
authorizes an annual fee to cover the costs of the importer
registration program, an annual fee or fees to cover the cost of making
import eligibility determinations, and an annual fee or fees to cover
the cost of processing the bond furnished to the Customs Service. NHTSA
last amended the fee schedule in 1993; it has applied in Fiscal Years
1994-96.
As a general statement applicable to consideration of all fees,
there has been a slight increase in hourly costs in the past three
fiscal years attributable to the approximately 2 percent raise in
salaries of employees on the General Schedule that became effective on
January 1 in the years 1995, and 1996 (there was a locality raise only
in 1994).
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.C. provides that registered
importers must pay ``the annual fee the Secretary of Transportation
establishes * * * to pay for the costs of carrying out the registration
program for importers * * *.'' The annual fee attributable to the
registration program is payable both by new applicants and by
registered importers seeking to renew their registration.
In accordance with the statutory directive, NHTSA reviewed the
existing fees and their bases in an attempt to establish fees which
would be sufficient to recover the costs of carrying out the
registration program for importers for at least the next fiscal year.
The initial component of the Registration Program Fee is the portion of
the fee attributable to processing and acting upon registration
applications. The agency has determined that this portion of the fee
should be decreased from $356 to $301 for new applications, and
increased from $100 to $132 for renewals. The higher initial cost is
warranted because the average cost of processing a new application is
substantially greater than that of its renewal.
Other costs attributable to maintenance of the registration program
arise from the agency's reviewing a registrant's annual statement and
verifying the continuing validity of information already submitted.
These costs also include costs attributable to revocation or suspension
of a registration.
The total portion of the fee attributable to maintenance of the
registration program as estimated by NHTSA is approximately $200, an
increase of $100. This reflects the fact that costs have been incurred
for processing suspensions or revocations. When this $200 is added to
the $301 representing the registration application component, the cost
to an applicant equals $501, and was the fee proposed by NHTSA. It
represents an increase of $45. When the $200 is added to the $132
representing the renewal component, the cost to a renewing registered
importer is $332. This fee increase was also proposed. It represents an
increase of $92.
Sec. 594.6(h) recounts indirect costs that have been estimated at
$6.71 per
[[Page 51044]]
man-hour. This is raised to $7.07, as proposed.
Sections 594.7, 594.8--Fees to Cover Agency Costs in Making Importation
Eligibility Determinations
Section 30141(a)(3) also requires registered importers to pay
``other fees the Secretary of Transportation establishes to pay for the
costs of * * * (B) making the decisions under this subchapter.''
Pursuant to part 593, these decisions are whether the vehicle sought to
be imported is substantially similar to a motor vehicle originally
manufactured for import into and sale in the United States, and
certified as meeting the FMVSS, and whether it is capable of being
readily altered to meet those standards. Alternatively, where there is
no substantially similar U.S. 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. These decisions are made in response
to petitions submitted by registered importers or manufacturers, or
pursuant to the Administrator's initiative.
The fee for a vehicle imported under a decision pursuant to a
petition is payable in part by the petitioner and in part by importers.
However, the fee to be charged for a vehicle is a pro rata share of the
costs in making all the eligibility determinations in the fiscal year.
As the agency noted in the final rule adopting the fees for FY94,
only one petition had been granted for a vehicle which is not
``substantially similar'' to a certified model, and there was not yet
an average cost figure for this category. Since that time, at least
half a dozen other petitions have been received and NHTSA has found
that these require noticeably more analysis and, at times, further
correspondence with the petitioner in order to obtain sufficient data
to reach a decision.
Inflation and the small raises under the General Schedule also must
be taken into count in the computation of costs. Accordingly, NHTSA
proposed that there be an increase from $104 to $199 in the fee
required to accompany a ``substantially similar'' petition, and from
$520 to $721 in the fee for petitions for vehicles that are not
substantially similar and that have no certified counterpart. In the
event that a petitioner requests an inspection of a vehicle, it was
proposed that the fee remain at $550 for each of those types of
petitions. The proposed fees are adopted.
The importer of each vehicle covered by a petition currently must
pay $93 upon its importation, the same fee applicable to those whose
vehicles covered by a determination on the agency's initiative (other
than Canadian vehicles covered by code VSA-1). It was proposed that
this fee be increased to $134, based upon an increase in administrative
costs. This proposed fee is also adopted.
The fee for inspection of a vehicle to verify its conformance
status remains unchanged.
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'' upon the importation of a nonconforming vehicle to
ensure that the vehicle will be brought into compliance within a
reasonable time or if the vehicle is not brought into compliance within
such time, that it is exported, without cost to the United States, or
abandoned to the United States.
The statute contemplates that NHTSA make a reasonable determination
of the cost to the United States Customs Service of processing the
bond. 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
judged to be 20 minutes. Because of the modest salary and locality
raises in the General Schedule that were effective at the beginning of
1994, 1995, and 1996, NHTSA proposed that the current processing fee be
increased by $0.20, from $4.95 per bond to $5.15.
There were no comments on the proposed amendments. Therefore, NHTSA
is adopting its proposal as a final rule.
Effective Date
The effective date of the final rule is October 1, 1996.
Rulemaking Analyses
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking action was not reviewed under Executive Order
12886. Further, NHTSA has determined that the action is not significant
under Department of Transportation regulatory policies and procedures.
Based on the level of the fees and the volume of affected vehicles,
NHTSA currently anticipates that the costs of the final rule will 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 will be no substantial effect upon State and local
governments. There will be no substantial impact upon a major
transportation safety program. Both the number of registered importers
and determinations are estimated to be comparatively small. A
regulatory evaluation analyzing the economic impact of the final rule
adopted on September 29, 1989, was prepared, and is available for
review in the docket.
B. Regulatory Flexibility Act
The agency has also considered the effects of this action in
relation to the Regulatory Flexibility Act. I certify that this action
will not have a substantial economic impact upon a substantial number
of small entities. Although entities that currently modify
nonconforming vehicles are small businesses within the meaning of the
Regulatory Flexibility Act, the agency has no reason to believe that a
substantial number of these companies cannot pay the fees adopted by
this action which are only modestly increased from those now being
paid, and which can be recouped through their customers. The cost to
owners or purchasers of altering nonconforming vehicles to conform with
the FMVSS may be expected to increase 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 12612 (Federalism)
The agency has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612
``Federalism'' and determined that the action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
D. National Environmental Policy Act
NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action will not have a significant effect
upon the environment because it is anticipated that the annual volume
of motor vehicles imported through registered importers will not vary
significantly from that existing before promulgation of the rule.
E. Civil Justice
This rule will not have any retroactive effect. Under 49 U.S.C.
30103(b), whenever a Federal motor vehicle safety
[[Page 51045]]
standard is in effect, a state may not adopt or maintain a safety
standard applicable to the same aspect of performance which is not
identical to the Federal standard. Section 30161 sets forth a procedure
for judicial review of final rules establishing, amending or revoking
Federal motor vehicle safety standards. That section does not require
submission of a petition for reconsideration or other administrative
proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 594
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, 49 CFR part 594 is amended as
follows:
PART 594--SCHEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141
1. The heading of part 594 is revised to read as set forth above.
2. The authority citation for part 594 is revised to read as
follows:
Authority: 49 U.S.C. 30141, 30166; delegation of authority at 49
CFR 1.50.
3. Section 594.1 is revised to read as follows:
Sec. 594.1 Scope.
This part establishes the fees authorized by 49 U.S.C. 30141.
4. Section 594.4 is amended by revising the introductory text to
read as follows:
Sec. 594.4 Definitions.
All terms used in this part that are defined in 49 U.S.C. 30102 are
used as defined in that section.
* * * * *
5. Section 594.6 is amended by:
a. revising the year ``1993'' in paragraph (d) to read ``1996'';
b. revising the introductory text of paragraph (a);
c. revising paragraph (b);
d. revising the final sentence of paragraph (h); and
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, 1996, shall pay an annual fee of $501, 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 file on and after
October 1, 1996, is $301. The sum of $301, representing this portion,
shall not be refundable if the application is denied or withdrawn.
* * * * *
(h) * * * This cost is $7.07 per man-hour for the period beginning
October 1, 1996.
(i) Based upon the elements, and indirect costs in 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, 1996, is $200. When added to the costs
of registration of $301, as set forth in paragraph (b) of this section,
the costs per applicant to be recovered through the annual fee are
$501. The annual renewal registration fee for the period beginning
October 1, 1996, is $332.
6. Section 594.7 is amended by revising the first two sentences of
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, 1996, the fee
payable for a petition seeking a determination under paragraph (a)(1)
of this section is $199. The fee payable for a petition seeking a
determination under paragraph (a)(2) of this section is $721.* * *
* * * * *
7. Section 594.8 is amended by revising the first sentence in
paragraphs (b) and (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 $134.* * *
(c) If a determination has been made pursuant to the
Administrator's initiative, the fee for each vehicle is $134. * * *
8. Section 594.9(c) is revised 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, 1996, for which a certificate of conformity is furnished, is
$5.15.
Issued on: September 11, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-23794 Filed 9-27-96; 8:45 am]
BILLING CODE 4910-59-P
