[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Proposed Rules]
[Pages 37847-37852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18529]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 594
[Docket No. 97-046; Notice 1]
RIN 2127-AG73
Schedule of Fees Authorized by 49 U.S.C. 30141; Fee for Review
and Processing of Conformity Certificates for Nonconforming Vehicles
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
[[Page 37848]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to amend NHTSA's regulations that
prescribe a schedule of fees authorized by 49 U.S.C. Sec. 30141 for
various functions performed by the agency with respect to the
importation of motor vehicles. The amendment would establish a fee for
the agency's review and processing of statements that registered
importers submit to certify that vehicles that were not originally
manufactured to conform to all applicable Federal motor vehicle safety
standards have been brought into conformity with those standards. The
fee would apply to all vehicles for which conformity certificates are
submitted to NHTSA, including vehicles imported from Canada, which
currently account for over 98 percent of the nonconforming vehicles
that are processed by NHTSA.
DATES: Comments. Comments must be received on or before August 14,
1997.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Clive Van Orden,
Office of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590 (202-
366-2830). For legal issues: Coleman Sachs, Office of Chief Counsel,
National Highway Traffic Safety Administration, 400 Seventh Street,
S.W., Washington, D.C. 20590 (202-366-5238).
SUPPLEMENTARY INFORMATION:
A. Background
Laws relating to motor vehicle safety are found in Chapter 301 of
Title 49, U.S. Code. NHTSA is authorized under 49 U.S.C. Sec. 30111 to
issue Federal motor vehicle safety standards (FMVSS). Subject to
certain exceptions, 49 U.S.C. Sec. 30112(a) prohibits any person from
importing into the United States a motor vehicle manufactured on or
after the date an applicable FMVSS takes effect unless the vehicle
complies with the standard and is so certified pursuant to 49 U.S.C.
Sec. 30115. One of the exceptions to this prohibition is found in 49
U.S.C. Sec. 30141. That section permits an importer who is registered
with NHTSA (a ``registered importer'') to import a motor vehicle that
was not originally manufactured to conform to all applicable FMVSS,
provided that NHTSA has decided that the vehicle is eligible for
importation. Under the criteria that are specified in 49 U.S.C.
Sec. 30141 for these decisions, a motor vehicle is not eligible for
importation unless, among other things, it is capable of being altered
to comply with all applicable FMVSS. See 49 U.S.C. Sec. 30141(a)(1)
(A)(iv) and (B).
B. Requirements for Bonding and Review of Conformity Packages
Once a motor vehicle has been declared eligible for importation, it
is imported under bond by a registered importer or by an individual who
has executed a contract or other agreement with a registered importer
to bring the vehicle into compliance with applicable FMVSS. The
registered importer has the obligation to bring the bonded vehicle into
conformity with the FMVSS within 120 days of the vehicle's entry. When
the registered importer has done so, it must certify to NHTSA that the
vehicle meets the FMVSS. See 49 U.S.C. Sec. 30146(b) and 49 CFR
592.6(e). An agency regulation at 49 CFR 592.6(f) requires registered
importers to submit to NHTSA ``[i]n substantiation of the initial
certification provided for a specific model and model year * * *
photographic and documentary evidence of conformance with each
applicable Federal motor vehicle safety and bumper standard, and with
respect to subsequent certifications of such model and model year, such
information, if any, as the Administrator may request.''
NHTSA's Office of Vehicle Safety Compliance (OVSC) administers the
agency's programs concerning the importation of noncomplying vehicles.
OVSC has issued guidance to registered importers, in the form of
newsletters and other communications, that specify the contents and
form of the packages that must be submitted to the agency to certify
that each noncomplying vehicle for which a performance bond has been
given has been brought into compliance with all applicable FMVSSs. Upon
receipt, the OVSC staff reviews each package to verify the accuracy of
the information it contains. If NHTSA questions the registered
importer's certification of compliance, the registered importer is
notified pursuant to 49 CFR 592.8(c) to hold the vehicle for
inspection. Acceptance of the certification ends the agency's
involvement with the vehicle.
Thus, NHTSA staff expends much time reviewing and evaluating
routine compliance packages, and even more time if a package does not
indicate conformance with the FMVSS, necessitating follow-up action.
NHTSA reviewed some 16,000 compliance packages in calendar year 1996.
C. Fees Authorized by 49 U.S.C. Sec. 30141
NHTSA is authorized under 49 U.S.C. Sec. 30141(a)(3) to establish
an annual fee requiring registered importers to pay for the costs of
carrying out the registered importer program. The agency is also
authorized under this section to establish fees to pay for the costs of
processing the conformance bonds that registered importers provide, and
fees to pay for the costs of making agency decisions relating to the
importation of noncomplying motor vehicles and equipment.
The agency has, to date, established four separate fees under the
authority of 49 U.S.C. Sec. 30141. These are set forth in 49 CFR Part
594. The first is the annual fee that is collected from registered
importers to cover the agency's costs for administering the registered
importer program. This fee, which is covered by section 594.6, is
currently set at $501.00 for persons applying for registered importer
status and at $332 for those seeking the renewal of that status. As
described in section 594.6, the fee is based on the direct and indirect
costs incurred by the agency in processing and acting upon initial
applications for registered importer status and annual statements
seeking the renewal of that status, as well as other actions performed
by the agency in administering the registered importer program.
The second fee is collected from each motor vehicle manufacturer or
registered importer who petitions NHTSA to decide that a nonconforming
vehicle is eligible for importation. This fee, which is covered by 49
CFR 594.7, is currently set at $199 for a petition seeking an
eligibility decision on the basis that a nonconforming vehicle is
substantially similar to a U.S. certified counterpart, and at $721 for
a petition seeking such a decision on the basis that a nonconforming
vehicle is capable of being altered to conform to all applicable
standards. As detailed in section 594.7, this fee is based on the
direct and indirect costs incurred by NHTSA in processing and acting
upon import eligibility petitions.
The third fee is for importing a vehicle pursuant to an eligibility
decision made by the Administrator. This fee, which is covered by 49
CFR 594.8, is currently set at $134 per vehicle. As described in
section 594.8, this fee is calculated to cover NHTSA's direct and
indirect costs in making import eligibility decisions.
[[Page 37849]]
The fourth fee has been established pursuant to 49 U.S.C.
Sec. 30141(a)(3)(A) to ``pay for the costs of processing bonds provided
to the Secretary of the Treasury.'' Registered importers furnish these
bonds for each vehicle covered by a certificate of conformity that is
submitted to NHTSA. This fee, which is covered by 49 CFR 594.9, is
currently set at $5.15 and only reimburses the U.S. Customs Service for
services performed at the time of entry. It is based on direct and
indirect cost information provided to NHTSA by the Customs Service.
D. Additional Fees That NHTSA Believes Are Justified
Although the above-described fees have permitted NHTSA to recover
the costs it incurs in administering certain aspects of the registered
importer program and making import eligibility decisions, other NHTSA
activities that are a service to the importers of noncomplying vehicles
have gone unreimbursed. One such activity for which the agency believes
it is entitled to reimbursement under 49 U.S.C. Sec. 30141 is the
review of conformity packages to decide whether vehicles, as altered by
the registered importers, comply with all applicable FMVSS and thus,
whether the conformance bonds that cover those vehicles may be
released.
Because NHTSA's approval of the conformity package is a necessary
predicate to the release of these bonds, NHTSA has tentatively
concluded that the expense incurred by the agency in reviewing and
processing each package may be treated as part of the bond processing
cost, for which NHTSA is authorized to set a fee under 49 U.S.C.
Sec. 30141(a)(3)(A). Additionally, NHTSA's decision to approve the
release of a bond based on its review of a conformity package would
qualify as a ``decision'' under Subchapter III of Title 49, U.S. Code,
for which the agency is authorized to set a fee under 49 U.S.C.
Sec. 30141(a)(3)(B).
When it first proposed the fee schedule found in Part 594, NHTSA
excluded ``activities connected with the processing of certificates and
compliance documentation'' from the fee for the agency's administration
of the importer registration program. See 54 FR 17792, 17793 (April 25,
1989). Although NHTSA acknowledged that verification of the
certification submitted by a registered importer could be relevant to
the maintenance of the registered importer's status, the agency
concluded that Congress did not intend for those activities to be
included in the registration program. NHTSA based this conclusion on
the language of section 108(c)(3)(B)(i) of the former National Traffic
and Motor Vehicle Safety Act, then codified at 15 U.S.C.
Sec. 1397(c)(3)(B)(i), which allowed fees collected from registered
importers to be used for administrative purposes other than the
periodic inspection of a representative number of vehicles for which
compliance certifications had been provided. The agency now recognizes
that its prior interpretation of this provision was overly restrictive,
and that the provision in fact places no impediment on NHTSA's ability
to collect fees for the processing and review of conformity packages.
The Safety Act was repealed and its provisions were codified as
part of Title 49, U.S. Code under Public Law 103-272 (July 5, 1994).
The relevant provision, now found at 49 U.S.C. Sec. 30141(e), states
that the amounts collected as fees from registered importers under
section 30141(a)(3) ``are only for use by the Secretary of
Transportation--(1) in carrying out this section and sections 30146
(a)-(c)(1), (d), and (e) and 30147(b) of this title. * * * '' NHTSA's
authority to review conformity packages is principally derived from
section 30146(c). As previously noted, that provision authorizes the
Secretary of Transportation to require the compliance certification
submitted by a registered importer to ``be accompanied by evidence of
compliance the Secretary considers appropriate. * * * ''
When it originally issued the regulations in 49 CFR Part 594, NHTSA
narrowly construed the language of section 108(c)(3)(A)(iii) of the
Safety Act, which authorized the Secretary to establish fees for
``making the determinations under this section,'' as pertaining only to
import eligibility determinations. The agency overlooked the fact that
its decisions to release conformance bonds, based on the review of
conformity packages, were also ``determinations'' under section 108 of
the Safety Act, and that the use of fees for this purpose was clearly
permitted under section 108(c)(3)(B)(i). Likewise, 49 U.S.C.
Sec. 30141(e) clearly authorizes the use of fees collected from
registered importers under section 30141(a)(3) to pay for the costs of
making decisions following agency review of conformity packages.
Accordingly, NHTSA has reconsidered the scope of its authority to
establish fees for making decisions regarding the importation of
noncomplying vehicles, and has tentatively concluded that it was
authorized under section 108(c)(3)(A)(iii) of the Safety Act, and is
authorized under 49 U.S.C. Sec. 30141(a)(3)(B) to charge fees to
reimburse the agency's costs for making decisions to release
conformance bonds.
Even if such authority did not exist in Chapter 301 of Title 49,
U.S. Code, the Independent Offices Appropriation Act of 1952, 31 U.S.C.
Sec. 9701, provides ample authority for NHTSA to impose fees that are
sufficient to recover the agency's full costs for the review and
processing of conformity packages. By reviewing the package and
authorizing the release of the conformance bond that is posted upon
entry of a nonconforming vehicle, NHTSA is performing a specific
service for an identifiable beneficiary that can form the basis for the
imposition of a fee under 31 U.S.C. Sec. 9701. Courts have long
recognized that Federal agencies may impose fees under section 9701 for
providing comparable services to regulated entities. See, e.g.,
Seafarers International Union of North America v. U.S. Coast Guard, 81
F.3d 179, 183 (D.C. Cir. 1996) (finding the Coast Guard authorized to
charge reasonable fees for processing applications for merchant mariner
licenses, certificates, and work documents); Engine Manufacturers
Association v. E.P.A., 20 F.3d 1177, 1180 (D.C. Cir. 1994) (finding the
E.P.A. authorized to impose a fee to recover its costs for testing
vehicles and engines for compliance with the emission standards of the
Clean Air Act); and National Cable Television Association, Inc. v.
F.C.C., 554 F.2d 1094, 1101 (D.C. Cir. 1976) (finding the F.C.C.
authorized to impose fees for issuing certificates of compliance to
cable television operators).
In view of the language and judicial construction of 31 U.S.C.
Sec. 9701, NHTSA is relying on this provision as an independent source
of authority for the proposed fee. The agency believes that this
provision and 49 U.S.C. Sec. 30141 each provide sufficient separate
authority for the proposed fee and the other fees that the agency has
established under 49 CFR Part 594.
When the prior fees were established, NHTSA did not recognize a
need to impose a fee for the review and processing of conformity
packages because those actions accounted for a relatively small share
of the work performed by OVSC. In the ensuing years, OVSC has devoted a
substantially greater share of its staff time to those efforts, so that
a fee now appears necessary to offset the agency's costs for performing
this work.
E. Fee Computation
As previously noted, NHTSA has computed all other fees that it
collects under the authority of 49 U.S.C. Sec. 30141
[[Page 37850]]
on the basis of all direct and indirect costs incurred by the agency in
performing the function for which the fee is charged. In the Federal
Register notice proposing the original schedule of fees that was
adopted in Part 594, the agency observed that this approach was
consistent with the manner in which other agencies have computed user
fees under the Independent Offices Appropriation Act, 31 U.S.C.
Sec. 9701, and the Consolidated Omnibus Budget Reconciliation Act, Pub.
L. 99-272. See 54 FR 17792, 17793 (April 25, 1989). NHTSA specified in
the 1989 proposed rules that ``the fees imposed by Part 594 would
include the agency's best direct and indirect cost estimates of the
man-hours involved in each activity, on both the staff and supervisory
levels, the costs of computer and word processor usage, costs
attributable to travel, salary, and benefits, and maintenance of work
space,'' as appropriate for each fee. See 54 FR 17795. Subsequently,
the Office of Management and Budget (OMB), in Circular A-25
establishing Federal policy for the assessment of user fees under 31
U.S.C. Sec. 9701, stated that such fees must be ``sufficient to recover
the full cost to the Federal Government * * * of providing the service,
resource, or good when the Government is acting in its capacity as a
sovereign.'' See 58 FR 38142, 38144 (July 15, 1993).
Applying an approach consistent with the OMB Circular and the one
followed in its 1989 rulemaking, the agency has considered its direct
and indirect costs in calculating the proposed fee for the review and
processing of conformity packages as follows:
The direct costs that would be used to calculate the proposed fee
include the estimated cost of contract and professional staff time,
computer costs, and costs for record assembly, marking, shipment and
storage.
The estimated cost of contract and professional staff time is
calculated on the basis of the full cost for time spent at the
following currently prevailing rates: Data entry--$44,410 per year;
computer programmer--$86,650 per year; compliance analyst--$60,092 per
year. Three quarters of the total hours worked by a single data entry
specialist on contract to OVSC are devoted to the processing of
compliance packages. A second data entry specialist on contract to OVSC
is engaged full time in the processing of compliance packages.
Multiplying the annual contract cost for the hours worked by these
contract support staff members ($44,410 each) by 1.75 (representing the
one data entry position devoted fully to compliance package processing
and the other in which three quarters of the total hours worked are
devoted to that function) yields $77,715.50 in data entry labor costs
that are incurred by NHTSA on an annual basis in the processing of
compliance packages. Eighteen and three quarters percent of the total
hours worked by a single computer programmer on contract to OVSC is
devoted to the processing of compliance packages. Multiplying the
annual contract cost for the hours worked by this contract support
staff member ($86,650) by 18.75 percent yields $16,246.88 in computer
programming labor costs that are incurred by NHTSA on an annual basis
in the processing of compliance packages. Ninety percent of the total
hours worked by a single compliance analyst employed by OVSC is devoted
to the review of compliance packages. Multiplying the annual rate of
pay for this staff member ($60,092) by 90 percent yields $54,082.80 in
compliance analyst labor costs that are incurred by NHTSA on an annual
basis in the review of compliance packages.
Adding these amounts yields a total of $148,045.18 in contract and
professional staff costs that NHTSA incurs each year for the processing
and review of compliance packages. Dividing that amount by 16,000, the
number of compliance packages reviewed by OVSC in calendar year 1996,
yields a direct cost of $9.25 for each compliance package reviewed.
Computer costs are calculated on the following basis: NHTSA pays
$13,800 per year to maintain a link with the Customs Service computer.
Ninety-five percent of the agency's usage of this computer is
associated with the review of compliance packages, resulting in a cost
of $13,110 that can be allocated to that use. Additionally, the agency
pays $30,000 per year for the purpose of running OVSC's computers and
performing necessary backups of data entries. Ninety percent of this
usage is associated with the review of compliance packages, yielding a
cost of $27,000 that can be allocated to that use. The agency also pays
$4,000 per year for a maintenance contract on OVSC's computers, ninety
percent of which can also be allocated to that office's review of
compliance packages, yielding an annual cost of $3,600. Additionally,
NHTSA pays a $9,360 annual licensing fee for the data base management
system that is used in the processing of compliance packages. Because
that system is not used for any other purpose, the full annual fee can
be allocated to that use. Adding these costs produces the sum of
$53,070 that is spent annually on computer usage associated with the
review of compliance packages. Dividing this sum by 16,000, which, as
previously indicated, is the number of compliance packages reviewed by
OVSC in calendar year 1996, yields a direct cost of $3.32 for each
compliance package reviewed.
The average cost for record assembly, marking, and shipment is
calculated at the rate of $16.56 per box. The average cost for record
storage is calculated to be $7.92 per box for a storage period of three
years. Based on an average of 110 records per box, these costs amount
to 22 cents for each compliance package received by the agency. Adding
the direct costs for contract and professional staff hours ($9.25),
computer usage ($3.32), and record assembly, marking, shipment, and
storage ($0.22) produces a total of $12.79 for each compliance package
reviewed and processed by NHTSA.
The indirect costs include a pro rata allocation of the average
benefits of persons employed in processing and reviewing conformity
packages. Benefits provided by NHTSA amount to eighteen percent of the
salary earned by its employees. Multiplying the $54,082.80 in
professional staff costs that NHTSA incurs each year for the processing
and review of compliance packages by eighteen percent yields a figure
of $9,734.90.
The indirect costs also include a pro rata allocation of the costs
attributable to the rental and maintenance of office space and
equipment, the use of office supplies, and other overhead items. For
fiscal year 1998, these costs are projected to average $21,131 for each
employee and contract support staff member working at NHTSA
headquarters. This figure was derived by dividing $13,566,000 in
projected headquarters costs (reached by subtracting $482,000 in field
operating costs from total agency costs of $14,048,000) by 642
(representing 510 full time equivalent positions that are authorized
for NHTSA headquarters plus 132 on-site contract personnel).
Multiplying that figure by 2.8375, which represents the number of
combined contract and professional staff-years devoted annually to the
review and processing of compliance packages, yields a figure of
$59,959.21. Adding this figure to $9,734.90 produces the sum of
$69,694.11, representing the total indirect costs incurred by NHTSA in
the review and processing of compliance packages. Dividing this amount
by 16,000, which, as previously indicated, is the number of compliance
packages reviewed by NHTSA in calendar year 1996, yields $4.36 in
indirect costs for each compliance package reviewed. Adding these
indirect costs to the $12.79 in direct
[[Page 37851]]
costs that NHTSA incurs in the review and processing of each compliance
package yields a total of $17.15 in direct and indirect costs for each
compliance package reviewed by the agency.
Based on the above factors, NHTSA proposes to charge $17.00 as the
fee to recover its costs for the review and processing of compliance
packages. This fee would have to be tendered with each compliance
package submitted to the agency for processing.
E. Applicability of Fee to Canadian Vehicles
If the proposed fee is adopted, registered importers would have to
pay the fee for each conformity package they submit to NHTSA. This
would include conformity packages submitted for vehicles imported from
Canada. In recent years, Canadian imports have accounted for a growing
share of NHTSA's oversight program that is directed at the importation
of nonconforming vehicles. In NHTSA's Calendar Year 1995 Report to
Congress concerning this program, the agency stated that 15,096 of the
15,332 nonconforming vehicles that were permanently imported into the
country during that year (or over 98%) were from Canada. The report
noted a continuing upward trend in the importation of noncomplying
vehicles from Canada since 1993, and attributed that development to the
exchange rate favoring the U.S. over the Canadian dollar.
In past years, NHTSA has not collected the per vehicle import
eligibility determination fee established under 49 CFR 594.8 from the
importers of vehicles that were certified by their original
manufacturer as complying with all applicable Canadian motor vehicle
safety standards and that were eligible for importation under vehicle
eligibility number VSA-1. As NHTSA explained in a final import
eligibility decision covering Canadian-certified motor vehicles,
published on May 13, 1997 at 62 FR 26348, the per vehicle import
eligibility fee was not imposed on the importers of these vehicles
because the first importer of a Canadian-certified motor vehicle paid
the full $1,560 fee that was established in 1989 to cover the agency's
costs for an eligibility decision made on the Administrator's
initiative.
In the May 13, 1997 final decision, NHTSA rescinded VSA-1 as the
eligibility number assigned to all eligible Canadian-certified
vehicles, and replaced it with four separate eligibility numbers (VSA-
80 through 83), based on vehicle classification and weight. If the
proposed fee for the review and processing of conformity certificates
is adopted, NHTSA intends to collect that fee from all importers
submitting conformity packages to the agency, including the importers
of Canadian-certified vehicles eligible for importation under VSA-80
through 83. The agency deems this action to be necessary because the
review and processing of conformity packages submitted for Canadian
imports have assumed an increasing share of the staff time within
OVSC's Equipment and Imports Division and now comprise a major portion
of the work performed by that division. The imposition of such a fee
would also be consistent with OMB's policy for Federal agencies to
obtain full cost reimbursement from the recipients of agency services.
Effective Date
Section 30141(e) of Title 49, U.S. Code requires the amount of fees
imposed under section 30141(a) to be reviewed, and, if appropriate,
adjusted by NHTSA at least every two years. It also requires that the
fee for each fiscal year be established before the beginning of that
year. Any final rule on this proposal must therefore be issued not
later than Tuesday, September 30, 1997 so that the fee it establishes
will be applicable in Fiscal Year 1998, which begins on October 1,
1997. Because of these time constraints, NHTSA has good cause to limit
the comment period for this proposed rule to thirty days.
Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This proposal was not reviewed under E.O. 12866. NHTSA has analyzed
this proposal and determined that it is not ``significant'' within the
meaning of the Department of Transportation's regulatory policies and
procedures.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the proposed amendment would not have a
significant economic impact on a substantial number of small entities.
Although most registered importers would qualify as small businesses
within the meaning of the Regulatory Flexibility Act, the agency has no
reason to believe that these companies could not pay the fee that would
be imposed under this proposed regulation. This fee would in all
likelihood be passed along to the purchaser of the vehicle for which a
conformity package is submitted to NHTSA for review. Most nonconforming
vehicles that are imported into the United States are of very recent
vintage, and many would be considered luxury models. Given the nominal
amount of the proposed fee, especially when viewed in relation to the
purchase price of the vehicles to which it would pertain, it would not
appreciably increase the purchase price of those vehicles and would be
unlikely to have any significant impact on their importation and sale.
For that reason, registered importers and small businesses, small
organizations, and small governmental units that purchase motor
vehicles would not be significantly affected by the proposed fee.
Accordingly, no regulatory flexibility analysis has been prepared.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment. No
State laws would be affected.
4. National Environmental Policy Act
The agency has considered the environmental implications of this
proposed rule in accordance with the National Environmental Policy Act
of 1969 and determined that the proposed rule would not significantly
affect the human environment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. It would
not repeal or modify any existing Federal regulations. A petition for
reconsideration or other administrative proceeding will not be a
prerequisite to an action seeking judicial review of this proposed
rule. This proposed rule does not preempt the states from adopting laws
or regulations on the same subject, except that if adopted, the
resulting Federal regulation would preempt a state regulation that is
in actual conflict with the Federal regulation or makes compliance with
the Federal regulation impossible or interferes with the implementation
of the Federal statute.
Public Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21.)
Necessary attachments may be
[[Page 37852]]
appended to these submissions without regard to the 15-page limit. This
limitation is intended to encourage commenters to detail their primary
arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation, 49 CFR Part 512.
All comments received before the close of business on the comment
closing date indicated above for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. NHTSA will continue to
file relevant information as it becomes available in the docket after
the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 594
Administrative practice and procedure, Imports, Motor vehicle
safety.
In consideration of the foregoing, the agency proposes to amend
part 594, Schedule of Fees Authorized by 49 U.S.C. 30141, in Title 49
of the Code of Federal Regulations as follows:
PART 594--[AMENDED]
1. The authority citation for part 594 would be amended to read as
follows:
Authority: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of
authority at 49 CFR 1.50.
2. Section 594.5 would be amended by redesignating paragraphs (g)
and (h) as paragraphs (h) and (i), respectively, and by adding a new
paragraph (g), to read as follows:
Sec. 594.5 Establishment and payment of fees.
* * * * *
(g) A fee for the review and processing of a conformity certificate
shall be submitted with each certificate of conformity furnished to the
Administrator.
* * * * *
3. A new section 594.10 would be added to part 594, to read as
follows:
Sec. 594.10 Fee for review and processing of conformity certificate.
(a) Each registered importer shall pay a fee based on the agency's
direct and indirect costs for the review and processing of each
certificate of conformity furnished to the Administrator pursuant to
Sec. 591.7(e) of this chapter.
(b) The direct costs attributable to the review and processing of a
certificate of conformity include the estimated cost of contract and
professional staff time, computer usage, and record assembly, marking,
shipment and storage costs.
(c) The indirect costs attributable to the review and processing of
a certificate of conformity include a pro rata allocation of the
average benefits of persons employed in reviewing and processing the
certificates, and a pro rata allocation of the costs attributable to
the rental and maintenance of office space and equipment, the use of
office supplies, and other overhead items.
(d) For certificates of conformity submitted on and after October
1, 1997, the fee is $17.00.
Issued on: July 10, 1997.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 97-18529 Filed 7-14-97; 8:45 am]
BILLING CODE 4910-59-P
