[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Rules and Regulations]
[Pages 57869-57874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21723]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 594

[Docket No. NHTSA 2004-17987; Notice 2]
RIN 2127-AJ34


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) 2005 and until 
further notice, relating to the registration of importers and the 
importation of motor vehicles not certified as conforming to the 
Federal motor vehicle safety standards (FMVSS).

DATES: The amendments established by this final rule will become 
effective on October 1, 2004, the beginning of FY 2005. Petitions for 
reconsideration must be received by NHTSA not later than November 12, 
2004.

ADDRESSES: Petitions for reconsideration should refer to the docket and 
notice numbers above and be submitted to the Administrator, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590, with a copy to the docket. You may provide a copy 
of your petition by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site. Please note, if 
you are submitting petitions electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using Optical Character 
Recognition (OCR) process, thus allowing the agency to search and copy 
certain portions of your submissions. Please also note that anyone is 
able to search the electronic form of all comments received into any of 
our dockets by the name of the individual submitting the comment (or 
signing the comment, 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.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 am 
and 5 pm, Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Coleman Sachs, 
Office of Vehicle Safety Compliance, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590 (202-366-
5291). For legal issues: Michael Goode, Office of Chief Counsel, 
National Highway Traffic Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590 (202-366-5263).

SUPPLEMENTARY INFORMATION:

A. Introduction

    The amendments we are adopting in this rule increase the fees for 
the registration of a new registered importer (RI) from $655 to $830 
and the annual fee for renewing an existing registration from $455 to 
$745. These fees include the costs of maintaining the RI program. We 
are also increasing, from $550 to $827, the fee for inspecting a 
vehicle that is the subject of an import eligibility petition when we 
are asked to conduct such an inspection by the petitioner. The fee 
required to reimburse the U.S. Department of Homeland

[[Page 57870]]

Security (Customs) for conformance bond processing costs will increase 
from $6.20 to $9.30 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 $105 to $150. For vehicles determined eligible based on 
their capability of being modified to comply with all applicable FMVSS, 
the fee is increased from $125 to $150. The fee that a RI must pay as a 
processing cost for review of each conformity package that it submits 
to NHTSA will remain at $18 per certificate. If the vehicle has been 
entered electronically with Customs through the Automated Broker 
Interface 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 increase from $18 to $48.
    This rule was preceded by a notice of proposed rulemaking (NPRM) 
that NHTSA published in the Federal Register on June 9, 2004 (69 FR 
32312). 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 determinations, 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 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 2002. See final rule published 
on September 26, 2002, at 67 FR 60596 (corrected on October 9, 2002, at 
67 FR 62897). Those fees applied to Fiscal Years 2003 and 2004.
    The fees adopted by this final rule are based on actual 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 4.27 and 4.42 percent raises 
(including the locality adjustment for Washington, D.C.) in salaries of 
employees on the General Schedule that became effective on January 1, 
2003, and on January 1, 2004, respectively.

B. Comments

    Two comments were submitted in response to the notice of proposed 
rulemaking. The first of these was from Ms. Barb Sachau. In her 
comments, Ms. Sachau expressed the opinion that the proposed fees 
should cover the entire costs of the RI program and that taxpayers 
should not be burdened with any share of those costs. Ms. Sachau 
generally recommended that the RI program fees be tripled. She also 
specifically proposed an increase in the fee for reviewing certificates 
of conformity to a minimum of $200, and an increase in the fee for a 
vehicle inspection to $2,127. Ms. Sachau also recommended that an 
importer who petitions the agency to determine a vehicle eligible for 
importation should pay all costs associated with processing the 
petition, rather than sharing those costs with the importers of the 
vehicle.
    Ms. Sachau's concern that taxpayers should not be burdened with the 
costs of the RI program is consistent with the statute on which the 
program is based and the manner in which it is conducted by NHTSA. 
Section 30141(a)(3) of Title 49, U.S. Code requires registered 
importers to pay ``for the costs of carrying out the registration 
program * * * and any other fees the Secretary of Transportation 
establishes to pay for the costs of (A) processing bonds * * * and (B) 
making [import eligibility] decisions * * *'' As reflected in the 
agency's regulations at 49 CFR 594.2, the purpose of these fees is ``to 
ensure that NHTSA is reimbursed for costs incurred in administering the 
RI program'' and carrying out associated functions.
    Ms. Sachau did not provide the calculations that served as the 
basis for her proposal to triple the RI program fees, and the specific 
amounts that she recommended for reviewing certificates of conformity 
and performing vehicle inspections. In preparing the NPRM, we 
calculated the costs incurred in administering the RI program and 
proposed fees that would reimburse the Federal government for its 
actual expenses.
    To avoid burdening a single RI with all costs associated with 
making an import eligibility decision, NHTSA decided in 1990 to 
allocate those costs, on a pro rata basis, among all RIs who import the 
vehicle to which the decision relates. In that manner, the agency's 
costs for making an import eligibility decision are borne in part by 
the petitioner and in part by the importers of vehicles imported under 
the petition. This approach accomplishes what Ms. Sachau desires in 
that it provides ample means for the agency to recover the costs 
incurred for the eligibility decisions that it makes.
    The second comment was submitted by Mr. Jeffrey A. Beyer, Vice 
President, BCB International, Incorporated, a Customs Broker in 
Buffalo, New York. Mr. Beyer objected to the proposed fee increase for 
processing a conformity package in situations where an error is 
committed in submitting information through the Automated Broker 
Interface (ABI). Mr. Beyer stated that when an RI is charged increased 
fees for such an error, the RI, in turn, expects to be compensated for 
the extra fee by the Customs Broker who made the entry. Mr. Beyer 
expressed the belief that it is unfair to increase the fees in this 
circumstance because no mechanism is presently available in the Customs 
ABI system to correct or update an entry.
    Mr. Beyer's concerns relate to his business dealings with Customs 
and the ABI system that Customs controls. While we are sensitive to Mr. 
Beyer's professed inability to correct or update an entry made into the 
Customs software, once an error is made, NHTSA must expend a 
considerable amount of additional effort to correct the entry. These 
efforts result in significantly greater costs to the agency. Consistent 
with the statutory requirement for the agency to recover the actual 
costs it incurs in administering the RI program, it is entirely 
appropriate for NHTSA to increase its fee for processing submissions in 
which errors are made.

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(e)).
    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

[[Page 57871]]

initial component of the Registration Program Fee is the fee 
attributable to processing and acting upon registration applications. 
We will decrease this fee from $395 to $293 for new applications. We 
have also determined that the fee for the review of the annual 
statement will be increased from $195 to $208. These fee adjustments 
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 $537 for each RI, an increase of $277. When this $537 is 
added to the $293 representing the registration application component, 
the cost to an applicant comes to $830, which is the fee we are 
adopting. This represents an increase of $186 over the existing fee. 
When the $537 is added to the $208 representing the annual statement 
component, the total cost to the RI comes to $745, which represents an 
increase of $290.
    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 
$14.85 per man-hour are being increased by $5.22, to $20.07.

Sections 594.7 and 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 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 
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.
    Inflation and General Schedule raises must also be taken into 
account in the computation of costs. We have reduced processing costs 
through issuing a single Federal Register notice to announce import 
eligibility decisions made on multiple vehicles and achieved other 
efficiencies through improved computerization methods. Despite the cost 
savings that have accrued from these practices, we have had to devote 
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 owning to new 
requirements being adopted in the FMVSS. Despite the additional 
resources that are needed to review import eligibility petitions, we 
are not increasing the current fee of $175 that covers the initial 
processing of a ``substantially similar'' petition. Instead, as 
discussed below, we are addressing 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 increase to $827 from $550 for 
vehicles that are the subject of either type of petition. This $277 
increase reflects current per diem and airfare costs.
    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 VSA Nos. 80-83, 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 were fully recovered by October 1, 2000. We 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, 2000.
    The agency's costs for making an import eligibility decision 
pursuant to a petition are borne in part by the petitioner and in part 
by the importers of vehicles imported under the petition. In 2003, the 
most recent year for which complete data exists, the agency expended 
over $99,000 in making import eligibility decisions based on petitions. 
The petitioners paid nearly $9,000 of that amount in the processing 
fees that accompanied the filing of their petitions, leaving the 
remaining $90,000 to be recovered from the importers of the nearly 600 
vehicles imported that year pursuant to petition-based import 
eligibility decisions. Dividing $90,000 by 600 yields a pro-rata fee of 
$150 for each vehicle imported pursuant to an eligibility decision that 
resulted from the granting of a petition. The agency is proposing this 
as the pro-rata fee to be paid by the importer of each such vehicle. 
The same $150 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. This represents an increase of $45 over the $105 that is 
currently paid by the importers of vehicles determined eligible based 
on their substantial similarity to a U.S.-certified vehicle, and an 
increase of $25 over the $125 that is currently paid by the importers 
of vehicles determined

[[Page 57872]]

eligible based on their capability of being modified to comply.

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 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.
    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 2003 and 2004 and the inclusion of costs for 
benefits that were previously omitted, we are increasing the processing 
fee by $3.10, from $6.20 per bond to $9.30. This fee would more closely 
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 continue to average $18 per vehicle for 
vehicles for which a paper entry and fee payment is made, and we 
therefore are not changing this fee. However, if a 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 $6.00. We are maintaining the fee of $6.00 per 
vehicle if all the information in the ABI entry is correct. Errors in 
ABI entries not only eliminate any timesavings, but also require 
additional staff time to be expended in reconciling the erroneous ABI 
entry information to the conformity data that is ultimately submitted. 
Recent 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 $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 a $30 increase over the fee that is currently charged when 
there are errors to resolve in the entry or in the statement of 
conformity. We are adopting this $48 fee to review each conformity 
package for which there are one or more errors in the ABI entry or in 
the statement of conformity.

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.'' Fiscal 
year 2005 begins on October 1, 2004. In the NPRM, we proposed to make 
this rule effective October 1, 2004, and did not receive any comments 
on this issue. In order to meet the statutory deadline, the agency 
finds under 5 U.S.C. 553(d)(3) that it has good cause to make this 
final rule effective less than thirty days after its publication in the 
Federal Register. Accordingly, the effective date of this final rule is 
October 1, 2004.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has 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. 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 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. 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

    The agency has also considered the effects of this rulemaking 
action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I 
certify that this action 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 amendments adopted in this 
final rule 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 will face significant problems 
paying the fees adopted as a result of this action. In most instances, 
these fees will be only modestly increased (and in some 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

[[Page 57873]]

responsibilities among the various levels of government.'' Under 
Executive Order 13132, NHTSA may not issue a regulation that has 
federalism implication, 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.
    The amendments adopted in this 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. 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 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. Executive Order 12778 (Civil Justice Reform)

    This rule will not have any retroactive or preemptive effect. 
Judicial review of this 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

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) 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). Because this final rule will not require the expenditure of 
resources beyond $100 million annually, no Unfunded Mandates assessment 
has been prepared.

G. Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the proposed rule clearly stated?
--Does the proposed rule contain technical language or jargon that is 
unclear?
--Would a different format (grouping and order of sections, use of 
heading, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?

    No responses to these questions were included in the comments 
submitted on the notice of proposed rulemaking. We have endeavored to 
abide by these principles in the preparation of this final rule.

H. 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 rule requires 
no information collections.

I. 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.

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 final 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, 2004, must pay an annual fee of $830, 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, 2004, is $537. The sum of $537, 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, 2004, 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 $20.07 per man-hour for the period beginning 
October 1, 2004.
    (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, 2004, is $537. When added to the costs 
of registration of $293, as set forth in paragraph (b) of this section, 
the costs per applicant to be recovered through the annual fee are 
$830. The annual renewal registration fee for the period beginning 
October 1, 2004, is $745.

0
3. Section 594.7 is amended by revising 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, 2004, the fee 
payable for seeking a determination under paragraph (a)(1) of this 
section is $175.

[[Page 57874]]

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 by revising 
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 $150. The direct and indirect costs that 
determine the fee are those set forth in Sec.  594.7(b), (c), and (d).
    (c) If a determination has been made on or after October 1, 2004, 
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, 2004, for which a certificate of conformity is furnished, is 
$9.30.

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, 2004 is $18. 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.

Jeffrey W. Runge,
Administrator.
[FR Doc. 04-21723 Filed 9-23-04; 3:56 pm]
BILLING CODE 4910-59-P