Schedule of Fees |
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Daniel C. Smith
National Highway Traffic Safety Administration
September 24, 2014
[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Rules and Regulations]
[Pages 57002-57007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22619]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 594
[Docket No. NHTSA-2014-0052; Notice 3]
RIN 2127-AL51
Schedule of Fees
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Final rule.
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SUMMARY: This document adopts fees for Fiscal Year 2015 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 will also apply beyond Fiscal Year 2015 until
further notice. These fees are needed to maintain the registered
importer (RI) program. We are increasing the fees for the registration
of a new RI from $805 to $844 and the annual fee for renewing an
existing registration from $676 to $726. The fee to reimburse Customs
for conformance bond processing costs will increase from $9.09 to $9.34
per bond. The fee for the review, processing, handling, and
disbursement of cash deposits that are submitted in lieu of a
conformance bond will increase from $495 to $499. We are increasing the
fees for the importation of a vehicle covered by an import eligibility
decision made on an individual model and model year basis. For vehicles
determined eligible based on their substantial similarity to a U.S.
certified vehicle, the fee will increase from $101 to $138. For
vehicles determined eligible based on their capability of being
modified to comply with all applicable FMVSS, the fee will also
increase from $101 to $138. The fee for the inspection of a vehicle
will remain $827. The fee for processing a conformity package will
decrease from $12 to $10. If the vehicle has been entered
electronically with Customs through the Automated Broker Interface
(ABI) and the RI has an email address, the fee for processing the
conformity package will continue to be $6, provided the fee is paid by
credit card. If NHTSA finds that the information in the entry or the
conformity package is incorrect, the processing fee will increase from
$57 to $59, representing a $2 increase 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.
DATES: The amendments established by this final rule will become
effective on October 1, 2014. Petitions for reconsideration must be
received by NHTSA not later than November 10, 2014.
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, 1200 New Jersey Avenue SE., West Building, 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: Clint Lindsay, Office of Vehicle
Safety Compliance, NHTSA (202-366-5291). For legal issues, you may call
Nicholas Englund, Office of Chief Counsel, NHTSA (202-366-5263).
SUPPLEMENTARY INFORMATION:
Introduction
This rule was preceded by a notice of proposed rulemaking (NPRM)
that NHTSA published on July 31, 2014 (79 FR 44363).
The National Traffic and Motor Vehicle Safety Act, as amended by
the Imported Vehicle Safety Compliance Act of 1988, and recodified at
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 document 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 document for
background information relating to this rulemaking action.
We are required to review and make appropriate adjustments at least
every two years in the fees established for the administration of the
RI program. See 49 U.S.C. 30141(e). The fees applicable in any fiscal
year (FY) are to be established before the beginning of such year.
Ibid. We last amended the fee schedule in 2012. See final rule
published on August 22, 2012 at 77 FR 50637. Those fees apply to Fiscal
Years 2013 and 2014. The fees adopted in this final rule are based on
time expenditures and costs associated with the tasks for which the
fees are assessed.
The fees proposed in this document reflect the one percent increase
in General Schedule salary rates that were effective January 1, 2014
and the slight increases in indirect costs attributed to the agency's
overhead costs since the fees were last adjusted.
Comments
There were no comments in response to the notice of proposed
rulemaking.
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 fees established ``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).
To comply 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
[[Page 57003]]
processing and acting upon registration applications. We will increase
this fee from $330 to $333 for new applications. We have also
determined that the fee for the review of the annual statement
submitted by existing RIs who wish to renew their registrations will be
increased from $201 to $215. These fee adjustments reflect our time
expenditures in reviewing both new applications and annual statements
with accompanying documentation, and the small increases in indirect
costs attributed to the agency's overhead costs in the two years since
the fees were last adjusted, the increase in direct costs relating to
the one percent raise in salaries of employees on the General Schedule
that became effective on January 1, 2014, and the increase in
contractor costs to the agency.
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 $511 for each RI. When this $511 is added to the $333
representing the registration application component, the cost to an
applicant for RI status comes to $844, which is the fee we are
adopting. This represents an increase of $39 over the existing fee.
When the $511 is added to the $215 representing the annual statement
component, the total cost to an RI for renewing its registration comes
to $726, which represents an increase of $50.
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.'' For the purpose of establishing the fees that are
currently in existence, indirect costs are $21.66 per man-hour. We are
increasing this figure by $4.07, to $25.73. This increase is based on
the difference between enacted budgetary costs within the Department of
Transportation for the last two fiscal years, which were higher than
the estimates used when the fee schedule was last amended, and takes
into account other projected increases over the next two fiscal years.
Sections 594.7, 594.8--Fees To Cover Agency Costs in Making Importation
Eligibility Decisions
Section 30141(a)(3)(B) also requires registered importers to pay
other fees the Secretary of Transportation establishes to cover the
costs of ``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
decisions in a fiscal year. The agency's direct and indirect costs must
be taken into account in the computation of these costs.
Since we last amended the fee schedule, the overall number of
vehicle imports by RIs has increased, while the number of petitions has
remained approximately the same. The total number of vehicles that RIs
imported between 2009 and 2013 was 117,512 or approximately 23,502
vehicles each year. Over the same period, the number of vehicles
imported under an import eligibility petition that was submitted by an
RI (as opposed to an import eligibility decision initiated by the
agency) increased to 1,987 or approximately 397 vehicles each year.
Over the past five years, RIs submitted 83 petitions to NHTSA,
averaging 17 per year and the agency has devoted more staff time
reviewing and processing import eligibility petitions since we last
revised the fees.
Based on these trends, the pro rata share of petition costs
assessed against the importer of each vehicle covered by the
eligibility decision will increase. We project that for FY 2015 and
2016, the agency's costs for processing these 17 petitions will be
$60,095. The petitioners will pay $5,300 of that amount in the
processing fees that accompany the filing of their petitions, leaving
the remaining $54,795 to be recovered from the importers of the
approximately 397 vehicles projected to be imported under petition-
based import eligibility decisions. Dividing $54,795 by 397 yields a
pro rata fee of $138 for each vehicle imported under an eligibility
decision that results from the granting of a petition. We are therefore
increasing the pro rata share of petition costs that are to be assessed
against the importer of each vehicle from $101 to $138, which
represents an increase of $37. The same $138 fee would 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.
We are not increasing the current fee of $175 that covers the
initial processing of a ``substantially similar'' petition. 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.
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 import eligibility
numbers VSA-80 through 83, for which no eligibility decision fee is
assessed), the fee remains $125. NHTSA determined that the costs
associated with previous eligibility determinations on the agency's own
initiative would be fully recovered by October 1, 2014. 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, 2014.
Section 594.9--Fee for Reimbursement of Bond Processing Costs and Costs
for Processing Offers of Cash Deposits or Obligations of the United
States in Lieu of Sureties on Bonds
Section 30141(a)(3) also requires a registered importer to pay any
other fees the Secretary of Transportation
[[Page 57004]]
establishes ``to pay for the costs of . . . processing bonds provided
to the Secretary of the Treasury . . .'' upon the importation of a
nonconforming vehicle to ensure that the vehicle would be brought into
compliance within a reasonable time, 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) exercises the
functions associated with the processing of these bonds. To carry out
the statute, we make a reasonable determination of the costs that
Department 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.
When the fee schedule was last amended, we projected General
Schedule salary raises to be effective in January 2013 and 2014. Based
on the increase in hourly costs attributable to the approximately one
percent raises in salaries of employees on the General Schedule that
became effective on January 1, 2014, we are increasing the processing
fee by $0.25, from $9.09 per bond to $9.34. This increase reflects the
fact that GS-9 salaries have been increased since we last amended the
fee schedule in 2012. The $9.34 fee will more closely reflect the
direct and indirect costs that are actually associated with processing
the bonds.
In lieu of sureties on a DOT conformance bond, an importer may
offer United States money, United States bonds (except for savings
bonds), United States certificates of indebtedness, Treasury notes, or
Treasury bills (collectively referred to as ``cash deposits'') in an
amount equal to the amount of the bond. 49 CFR 591.10(a). The receipt,
processing, handling, and disbursement of the cash deposits that have
been tendered by RIs cause the agency to consume a considerable amount
of staff time and material resources. NHTSA has concluded that the
expense incurred by the agency to receive, process, handle, and
disburse cash deposits may be treated as part of the bond processing
cost, which NHTSA is authorized to set a fee under 49 U.S.C.
30141(a)(3)(A). We first established a fee of $459 for each vehicle
imported on and after October 1, 2008, for which cash deposits or
obligations of the United States are furnished in lieu of a conformance
bond. See the Final Rule published on July 11, 2008 at 73 FR 39890.
The agency considered its direct and indirect costs in calculating
the fee for the review, processing, handling, and disbursement of cash
deposits submitted by importers and RIs in lieu of sureties on a DOT
conformance bond. We are increasing the fee from $495 to $499, which
represents an increase of $4. The factors that the agency has taken
into account in proposing the fee include time expended by agency
personnel, the slight increase in overhead and contractor costs, and
the increase in projected salary costs based on the General Schedule
increase on January 1, 2014.
Section 594.10--Fee for Review and Processing of Conformity Certificate
Each RI is currently required to pay $12 per vehicle to cover the
costs the agency incurs in reviewing a certificate of conformity. We
have found that these costs have decreased from $12 to an average of
$10 per vehicle. Although our overhead and contractor costs increased
and the salary and benefit costs are slightly greater based on the
General Schedule salary increase, the number of certificates of
conformity submitted for agency review has increased. This has
decreased the agency's cost attributed to the review of each
certificate of conformity. Based on these costs, we are decreasing the
fee charged for vehicles for which a paper entry and fee payment is
made, from $12 to $10, a difference of $2 per vehicle. However, if an
RI enters a vehicle through the Automated Broker Interface (ABI)
system, has an email 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 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 to 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 as the telephone charges, to amount to approximately $59
for each erroneous ABI entry. Adding this to the $6 fee for the review
of conformity packages on automated entries yields a total of $65,
representing a $2 increase in the fee that is currently charged when
there are one or more errors in the ABI entry or 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.
According to the Administrative Procedure Act (APA) a final rule
generally cannot become effective until thirty days after the date on
which the rule was issued. The APA contains an exemption that allows a
rule to become effective prior to thirty days after the rule is issued
if the agency finds that there is good cause for an earlier effective
date and the good cause finding is published with the final rule.
Because 49 U.S.C. 30141(e) requires the agency to establish the new
fee schedule before the beginning of the next fiscal year, we believe
that there is good cause for this final rule to become effective prior
to thirty days after the date of publication of today's final rule.
Allowing today's final rule to become effective prior to a date thirty
dates after this rule is published will allow the new fee schedule to
be in place at the beginning of the new fiscal year as required by the
statute.
In the NPRM, we proposed to make this rule effective October 1,
2014, and did not receive any comments on this issue. Accordingly, the
effective date of this final rule is October 1, 2014.
Rulemaking Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, 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;
[[Page 57005]]
(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.
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, E.O. 13563, 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 or
13563. Further, NHTSA has determined that the rulemaking is not
significant under Department of Transportation's 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 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. The rule will have no substantial
effect upon State and local governments. There will be no substantial
impacts 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
(SBREFA) 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 rules being adopted
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 that 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 proposed by this
action. In most instances, these fees would not be changed or would be
only modestly increased (and in some instances decreased) from the fees
now being 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 costs incurred by State and local governments, or NHTSA
consults with State and local officials early in the process of
developing the proposed regulation.
NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999) and concluded that the rule does
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. Moreover, NHTSA is required by
statute to impose fees for the administration of the RI program and to
review and make necessary adjustments in those fees at least every two
years. 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 final rule for purposes of the National
Environmental Policy Act. The final rule would not have a significant
effect upon the environment because it is anticipated that the annual
volume of motor vehicles imported through registered importers would
not vary significantly from that existing before promulgation of the
rule.
E. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988 ``Civil Justice Reform,'' the
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 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. Executive Order 13609: Promoting International Regulatory
Cooperation
The policy statement in section 1 of Executive Order 13609
provides, in part that the regulatory approaches taken by foreign
governments may differ from those taken by U.S. regulatory agencies to
address similar issues. In some cases, the differences between the
regulatory approaches of U.S. agencies and those of their foreign
counterparts might not be necessary and might impair the ability of
American businesses to export and compete internationally. In meeting
shared challenges involving health,
[[Page 57006]]
safety, labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. In its NPRM, NHTSA requested public comment on whether
(a) ``regulatory approaches taken by foreign governments'' concerning
the subject matter of this rulemaking and (b) the above policy
statement has any implications for this rulemaking. No comments were
received. NHTSA concludes that the registered importer fees that are
established by this final rule relate to program costs incurred by the
agency in administering the vehicle importation program. Consistent
with the statutory authority for the collection of these fees, they are
set at a level that is appropriate for the agency to recover no more
than its actual costs in administering the program. Because it
establishes no standards for imported products, this rulemaking has no
impact on the ability of American businesses to export and compete
internationally. The desirability of achieving international regulatory
cooperation therefore has no bearing on this rulemaking.
G. Executive Order 13211
Executive Order 13211 applies to any rule that: (1) Is determined
to be economically significant as defined under E.O. 12866, and is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA. As noted above, this final rule is not significant under E.O.
12866. NHTSA also believes that this final rule has no effect on the
supply, distribution, or use of energy.
H. 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.
I. 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. Part 594 includes
collections of information for which NHTSA has obtained OMB Clearance
No. 2127-0002, a consolidated collection of information for
``Importation of Vehicles and Equipment Subject to the Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards,'' approved
through April 30, 2017. This final rule will not affect the burden
hours associated with Clearance No. 2127-0002 because we are only
adjusting the fees associated with participating in the registered
importer program. The new fees that we are adopting will not impose new
collection of information requirements or otherwise affect the scope of
the program.
J. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), 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 and does not concern an environmental, health,
or safety risk.
K. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, (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, with explanations when it decides not to use available and
applicable voluntary consensus standards.
In this final rule, we are adjusting the fees associated with the
registered importer program. We are making no substantive changes to
the program nor did we adopt any technical standards. For these
reasons, Section 12(d) of the NTTAA does not apply.
L. 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://www.regulations.gov.
M. 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.
In consideration of the foregoing, 49 CFR Part 594 is amended as
follows:
[[Page 57007]]
PART 594--SCHEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141
0
1. The authority citation for part 594 is revised to read as follows:
Authority: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of
authority at 49 CFR 1.95.
0
2. Amend Sec. 594.6 by:
0
a. Revising the introductory text of paragraph (a);
0
b. Revising paragraph (b);
0
c. Revising the first sentence of paragraph (d);
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d. Revising the second sentence of paragraph (h); and
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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, 2014, must pay an annual fee of $844, 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, 2014, is $333. The sum of $333, representing this portion,
shall 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, 2014, is set forth in paragraph (i) of this section. *
* *
* * * * *
(h) * * * This cost is $25.73 per man-hour for the period beginning
October 1, 2014.
(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, 2014, is $511. When added to the costs
of registration of $333, as set forth in paragraph (b) of this section,
the costs per applicant to be recovered through the annual fee are
$844. The annual renewal registration fee for the period beginning
October 1, 2014, is $726.
0
3. Amend Sec. 594.7 by revising the first sentence of paragraph (e) to
read as follows:
Sec. 594.7 Fee for filing petitions for a determination whether a
vehicle is eligible for importation.
* * * * *
(e) For petitions filed on and after October 1, 2014, the fee
payable for seeking a determination under paragraph (a)(1) of this
section is $175. * * *
* * * * *
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4. Amend Sec. 594.8 by revising the first sentences of 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 $138. * * *
(c) If a determination has been made on or after October 1, 2014,
pursuant to the Administrator's initiative, the fee for each vehicle is
$125. * * *
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5. Amend Sec. 594.9 by revising paragraphs (c) and (e) to read as
follows:
Sec. 594.9 Fee for reimbursement of bond processing costs and costs
for processing offers of cash deposits or obligations of the United
States in lieu of sureties on bonds.
* * * * *
(c) The bond processing fee for each vehicle imported on and after
October 1, 2014, for which a certificate of conformity is furnished, is
$9.34.
* * * * *
(e) The fee for each vehicle imported on and after October 1, 2014,
for which cash deposits or obligations of the United States are
furnished in lieu of a conformance bond, is $499.
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6. Amend Sec. 594.10 by revising the first sentence of 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, 2014 is $10. * * *
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95.
Dated: September 17, 2014.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2014-22619 Filed 9-23-14; 8:45 am]
BILLING CODE 4910-59-P