DRAFT Supporting Statement for In formation Collection Request Motor Vehicle and Engine Compliance Program Fees (Renewal)

EPA I CR 2080.0 4 December 200 9

C ompliance and Innovative Strategies Division Office of Transportation and Air Quality Office of Air and Radiation U.S. Environmental Protection Agency2

Part A Of The Supporting Statement
1. Id entification of the Information Collection 1(a) Title and Number of the Information Collection
Motor Vehicle and Engine Compliance Program Fees 1(b) Short Characterization As required b y the Clean Air Act (42 USC 7401 et seq
. ) , the Environmental Protection Agency

(EPA) has regulations establishing emission standards (and other requirements) for variou s classes of vehicles and engines. In accordance with the Clean Air Act, these regulations also require that compliance be demonstrated prior to EPA granting a "Certificate of Conformity ". Such certification is necessary before the product can be introduc ed into commerce. In the case of passenger cars, highway motorcycles, light trucks , and heavy

- duty truck engines, EPA has charged fees for administering these compliance programs since 1992

. These regulations appeared in 40 CFR Part 86, Subpart J. In 2 004, EPA promulgated regulations to add several classes of recentl y regulated vehicles and engines (referred to as “ off

- road” for convenience) to the fees program (69 FR 2621, May 11, 2004, effective July

12, 2004 ; 40 CFR Part 86, Subpart Y ). The Informati on Collection Request for that rule was 2080.02, OMB 2060

- 0545, approved b y OMB on March 18, 2004, through March 31, 2007 , subsequently renewed until July

31, 2010 in I CR 2080.03

. As a part of a rulemaking primaril y covering emissions standards for cert ain nonroad spark

- ignition engines and evaporative emissions standards covering a wide variety of engines , vehicles , and evaporative "components" (the "Bond Rule") , the fees regulations were restated with minor amendments in 40 CFR Part 1027 (73 FR 59034, October 8, 2008). Most notably , these regulations added evaporative component applications to the categories of certifications requiring fees covered b y this I CR. This affected the size of the respondent class but did not create any new category of burden

. The present IC R 2080.0 4 is a renewal of th e current collection . It reflects five and a half ye ars of experience administering the new fees regulations. In order to collect fees and accuratel y account for them, a certain amo unt of information is req

uired, such as who is paying the fee , the category of vehicle or engine to which it appl ies , the name of the engine famil y, and the method of pay ment

. This information is collected by the main Fee Filing Form. By regulation, f

ees must be paid before EPA b egins its review of a manufacturer's application. T his information is used by EPA's Office of Air and Radiation, Office of Transportation and Air Quality , C ompliance and Innovative Strategies Division , to insure that the required fee has been paid before an application for certification is processed , to be sure that we know which vehicle, engine, evaporative, or component family (hereafter "family ") a pay ment is intended to be for, to have a contact person and address in case of pay ment issues and an3

addre ss to which acknowledgment of receipt of the pay ment can be sent, and to provide an earl y check on other problems, such as failure to name a family following EPA's naming rules or failure to go through EPA's manufacturer registration process to obtain a un ique manufacturer code. Italso provides part of the documentation used by EPA’s Office of Financial Services in processing fee refunds. Inmodel year 200 8 , 495 separate manufacturing and importing corporate entities filed forms as sociated with approximate ly 35 17 pay ment actions concerning certification fees. The forms in use are the paper on

- road and off

- road fee filing forms, a correction form, a miscellaneous pay ments due form, and a refund request form. The above

- named forms also exist online at www.Pay .gov , with the difference that the on

- road and off

- road filing forms are combin ed

. It should be noted that this IC R does not include the burden of complying with the actual certification requirements , including the fees themselves ; only the burdens associated with completing and filing the fee form s are covered here

. Substantive certification burdens have been addressed elsewhere , including the on - road certification ICR, 0783, OMB 2060

- 0104 , and the various ICRs c overing the off

- road certification programs.

2. Need for and Use of the Collection 2(a) Need/Authority for the Collection
In formation supplied on the fee filing form assures that the correct fee for certification has been paid and is posted to the app ropriate account. This collection is authorized by

the Clean Air Act (42 USC 7552) and the Independent Offices Appropriations Act (31 USC 9701); see Attachment I

. 2(b) Practical Utility

/Users of the Data
EPA use s the information collected to verify that appropriate fees have been paid and that the amounts are posted to the proper account, that corrections are accurately entered, that fees match the engine families certified, that refunds are properly processed, and to provide a paper trail in the case o f need to audit fee matters. In addition, the forms help insure that a knowledgeable person can be contacted in case of pay ment issues and that the applicant is applyingfor a valid famil y and has a valid manufacturer code attesting completion of EPA's reg istration process.
3.Nonduplication, Consultations and Other Collection Criteria 3(a) Nonduplication4 The information contained on the fee forms is necessary to link the fees paid with certificates being reviewed and issued. At this time, these two data s ys tems are separate, and without the fee filing form there would be no way to insure that fees are paid for each engine famil y prior to certification . In some but not all cases, f inancial documents (EPA's deposit records and online Cashlink resources) contain engine famil y information in relevant data fields that could be used to associate pay ments with engine families, but since this information is not alway s available, it is at present necessary to rely on the fee filing form. In cases where it is cle ar what a pay ment is intended to be used for, the necessity to provide a separate form for each family being certified may

seem to constitute unnecessary

duplication. Nonetheless, this requirement has in many cases disclosed problems and mistakes that woul dn't have come to light otherwise . In addition, it is important to have a contact name of someone who is familiar with the fee pay ment, which is not necessarily

the same person who is familiar with the application for certification, particularl y in large organizations. It is possible that, in the future, we may be able to make better use of d eposit information, although there are significant barriers to doing so. It is worth noting in this regard that manufacturers who register with pay .gov can save their filled

- in forms and use them as a template for multiple filings, thus eliminating nearly

all of the duplication. 3(b) Public Notice An announcement soliciting public comment on this I CR w ill be published in the Federal Register

. 3(c) Consultations EPA consulted with the following individuals in preparing this ICR: Individual Firm Telephone Bob Bock Motor Science ( 800 ) 806

- 2495 Sylvia Wahab Automobile Concepts ( 305 ) 893

- 1950 Kim Sinacola General Motors (248) 685

- 5641 3(d) Effects of Less Frequ ent Collection The C lean A ir A ct requires that emission certification be done on a ye arl y basis (42 USC 7525(a)). EPA allows applicants to define their own annual production period, thus granting some flexibility in this regard. However, as certification is an annual event, and the fee is for the work involved in reviewing the certification application, submission of the fee pay

ment information is generall y annual

. 3(e) General Guidelines This information collection activity complies with the requireme nts of 5 CFR 1320.5(d).5

3(f) Confidentiality After a certificate of conformity has been issued, most information associated with the manufacturer/importer's application is available to the public. Under section 208 of the Clean Air Act (42 USC 7542(c)) all information, other than trade secret processes or methods, must be publicly available. Information about fee pay ments are treated as confidential information prior to certification. 3(g) Sensitive Questions No sensitive questions are asked in this information collection. This collection complies with the Privacy Act and OMB Circular A

- 108.
4. Respondents and Information Requested 4(a) Respondents/SIC Codes The respondents are manufacturers or importers of various engines , vehicles , and evaporat ive components (fuel lines, fuel tanks, and related parts) . The following Standard Industrial Classification codes are associated with this information collection:6

Category NAICS

Codes (1) SIC

Codes(2) Examples of Potentially Regulated Entities
Industry 333111 3523 Farm Machinery and Equipment Manufacturing Industry 333112 3524 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing Industry 333120 3531 Construction Machinery Manufacturing Industry 333131 3532 Mining Machinery and E quipment Manufacturing Industry 333132 3533 Oil & Gas Field Machinery Industry 333210 3553 Sawmill & Woodworking Machinery Industry 333924 3537 Industrial Truck, Tractor, Trailer, and Stacker Machinery

Manufacturing Industry 333991 3546 Power Driven Handtool Manufacturing Industry 336111 3711 Automotive and L ight

- Duty Motor Vehicle Manufacturing Industry 336120 3711 Heav y Duty Truck Manufacturing Industry 336213 3716 Motor Home Manufacturing Industry 336311 3592 Motor Vehicle Gasoline Engine and Eng ine Parts Manufacturing Industry 336312 3714 Gasoline Engine & Engine Parts Manufacturing Industry 336991 3751 Motorcycle, Bicycle, and Parts Manufacturing Industry 336211 3711 Motor Vehicle Body Manufacturing Industry 333618 3519 Gasoline, Diesel & du al

- fuel engine Manufacturing Industry 811310 7699 Commercial & Industrial Engine Repair and Maintenance Industry 336999 3799 Other Transportation Equipment Manufacturing Industry 421110

------ Independent Commercial Importers of Vehicles and Parts Ind ustry 333612 3 731 Manufacturers of marine vessels 3732 Boat building and repairing Industry 333613 3568 Mechanical Power Transmission Equipment Manufacturing Industry 333618 3519 Other Engine Equipment Manufacturing Industry 811112 7533 Commercial importers of vehicles and vehicle components7

Industry 811198 7549 Automotive services (1) North American Industry Classification S ys tem (NAICS) (2) Standard Industrial Classification (SI C) s ys tem code. 4(b) Information Requested (i) Data items, includi ng recordkeeping requirements

. Manufacturers of regulated vehicles and engines are required to pay fees to support EPA’s compliance activities. As such, they are required to submit certain information and undertake certain actions. Copies of the current paper forms and electronic pay .gov versions have been submitted in I CRAS . The regulatory provisions governing their content are as follow: Indication of fee categ ory 40 CFR 1027.105 Request for fee reduction, if applicable 40 CFR 1027.120 Request for refund, if applicable 40 CFR 1027.125 Applicant information 40 CFR 1027.130 Reduced fee certificate holders are required to retain records pertaining to the reduced fee calculation for three ye ars after the date of the cer tificate and produce them within thirty

day s upon request (40 CFR 1027.120(e) ). ( i) Respondent Activities Respondents p repare the f ee f iling f orm with the applicant ’ s name, address , the engine famil y being certified, the amount being paid, and the form of pay ment

. If there is a mistake in the form (wrong engine famil y name, model year, change in manufacturer code, etc.) then the applicant prepare s and submit s a c orrection f orm. If there is an underpay ment, the applicant normally prepare s and submit s an additional f ee f iling f orm, or a m iscellaneous p ay

ments d ue f orm, with the additional pay ment. If there has been an overpay ment or the application is denied or withdrawn, the applicant may prepare and submit s a r efund r equest f orm. Recentl y, the c orrection f orm has been modified to allow application of an overpayment to the fee for an upcoming certification request. This saves manufacturers the trouble and delay in preparing and receiving a refund, and saves EPA the burden of processing such refund request s. If the aggregate estimated retail sales value of the vehicles , engines , or evaporative components (or, in the case of alternative fuels converters, of the value added by the conversion kit) covered b y the family certified is less than one percent of the full fee, the applicant may

file a reduced fee equal to that one percent or $750, whichever is greater . Most such reduced fee applicants are independent commercial importers (ICIs) , a covering certain importers of past model year light vehicles; a few are alternative fuels converters . Such submissions are for a specific number of vehicles. Additional vehicles , engines, or units (such as additional imports) require an amended certificate and8

submission of additional one percent pay ments with accompanying fee filing forms. Previously , reduce d fee payees who initially paid for five or fewer vehicles were required to submit a model year reduced fee pay ment report at the end of the model year
. Compliance was unsatisfactory and burdensome and EPA eliminated this reporting requirement in the Bond Amendments

. Itis still the reduced fee payer's obligation to reconcile sales, actual retain sales, retail sales values, fees paid, and the number of vehicles covered b y the certificate.

5. The Information Collecte d

-- Agency Activities, Collection Methodology , and In formation Management 5(a) Agency

Activities Prior to reviewing an application for c ertification, EPA certification staff verify that the appropriate fee has been paid. EPA has hired a contractor to tra ck all fee pay ments and fee forms. The contractor lists those families, and only those families, for which a fee filing form as well as the proper fee pay ment ( including a reduced fee justification where applicable) have be e n received

. EPA c ertification r epresentatives are instructed not to issue certificates for engine families not listed in this database, which is prepared and distributed twice weekly within the Agency

. For the light duty, motorcycle, ATV, and other programs as they are brought into Veri fy , this is currently a manual process. For certificates issued through CI SD's Information Management Sy stem, the fees data is downloaded and each famil y shows as paid or not; certificates can not be issued if the family

doesn't show as paid. EPA fees staf f use information on fee filing forms to contact manufacturer representatives in case of problems or other fee s business, such as obtaining account information for refund purposes or clarification of necessary procedures

. The contractor sends out standard emails to the addresses on the forms acknowledging pay

ment, short pay

ment, or overpay

ment provided the fee forms with those addresses have been received. EPA’s Office of Financial Services records deposits to EPA’s certification account and processes fee r efund pay ments. 5(b) Collection Methodology and Management Fee pay ment documentat i on (such as bank batch reports and “ACT Reports”) as well as fee forms are collected by EPA's contractor. This documentation and the forms come from a variety of sources: downl oaded Pay .gov forms and pay ment records , deposit records from EPA’s bank send by mail , forms received by

the bank in connection with those pay ments, queries to the Federal C ashlink database , confirmatory deposit records from EPA’s Office of Financial Services, and forms emailed or faxed to EPA and forwarded to the contractor. The Office of Financial Services confirms payments using the same methods and receives duplicates of fee filing forms that have been processed through EPA’s bank. The contracto r’s paper records and fees database as well as the Financial Services Division’s deposit records are available as an ongoing permanent record of fees pay

ments and paperwork

.9

5(c) Small Entity

Flexibility Although the reduced fee provisions are not expl icitly limited to small entities, nearl y all o f such applicat ions are from small business Independent Commercial Importers or alternative fuel converters , who qualify for all of EPA’s provisions for small volume manufacturers

. 5(d) Collection Schedule
While the manufacturer or importer must obtain certification on an annual basis, they have considerable flexibility in defining their annual production period. The fee filing form must be submitted prior to EPA's processing the application for emission cert ification. Correction forms, refund forms, and miscellaneous pay ments due forms are submitted as the need arises. Reconciliation of reduced fee pay ments must occur within 45 day s of the end of the model year.
6.Estimating the Burden and Cost of the Col lection (a) Estimating Respondent Burden The burden estimate for completing and sending the fee filing form, correction form, or miscellaneous pay ments form (0.3 hours) was determined from the consultations with industry

representatives during the rulem aking covered b y the its IC R in this series

. This is an estimated average; in the latest consultations the time per form estimates ranges from 2 minutes to 45 minutes per form. Some larger manufacturers have automated the process of preparing the fee fili ng form and wiring pay ment; their burden will be far less than 0.3 hours. Responses to the on

- line pay ment option from those using it has been universall y positive and on the low end of the time estimates. In model year 2008, 20 percent of fees pay ments w ere made online. Manufacturers and importers can also file forms online while paying offline (such as by check or wire). Handling reduced fee payments, including additional pay ments and certificate modifications as new units are sold, entails a signific ant paperwork burden for small entities who wish to save money availing themselves of this provision. Some foreign entities have experienced problems with transaction fees being deducted from their pay ments before they

reach EPA , resulting in the need for additional pay ments to be filed before their applications can be cleared for processing. Such transactions can involve considerable correspondence with EPA. On th e other hand, we have provided forms that can be filled out and filed on

- line , and either pai d on

- line or off

- line. Online pay

ment methods in c lude electronic funds transfer and credit card. We have received very positive response to this option, and the problem rate has been much lower than for paper filings

. This burden estimate does not include the financial arrangements that manufacturers make for effectuating these and other pay ments in the course of doing business (i.e., banking arrangements)

. Manufacturers may make one pay

ment covering several certification fees, as long as the pay ment can be linked through the proper forms with the10

engine families being reviewed for certification. We have recentl y provided forms in fillable .pdf and Word format s so that manufacturers can more easily fill out non

- Pay .gov forms at their computer rather than cop ying and filling them out by hand , although some still do so. EPA estimates requesting a reduced fee or refund will take about 0.6 hours per submission

. This time may be greater in the case of additional pay ments for additional vehicles under the same r educed fee engine family, but it will be less in simpler cases. Prior to the 2004 fees regulations, a r educed fee had to have been applied for and received separatel y from and prior to the fee pay ment. Currently , reduced fee pay ments only require stating the estimated aggregate sales value of the vehicles covered and the one percent calculation thereof in support of the pay ment; this calculation has been incorporated into the online and paper f ee f iling f orm s . We do expect manufacturers to be able to support such estimates upon request. While there is no standard form for this information , at a minimum it requires a statement of projected sales and prices; such information is necessary

for ordin ary business planning purposes in an y event. 6(b) Estimating R espondent Costs (i) Estimating Labor C osts. Because of the wide variety of industries covered, l abor costs are considered to be approximated by

the motor vehicle manufacturing industry , NAI CS 336100

. Rates for engineering managers, mechanical engineers , and secretaries (except legal, medical, and executive) are from the May 2008 National Industry

- Specific Occupational Employ ment and Wage Estimates (http://www.bls.gov/oes/2008/may /naics4_336100.htm , accessed December 10 , 200 9 ). With a 160% overhead multiplier, these are $8 7.30 , $ 60.40 , and $3 0.50 , respectivel y. For some manufacturers , filing fee forms is largel y secret arial; many others use technicians, and many foreign manufacturers hire local agents to handle application mechanics. We allocate labor for form filing as 10 , 40 , and 50 percent respectivel y among these three categories for regular fees and as 100 percent managerial for reduced fees and refunds

. (ii) Estimating Capital and Operations and Maintenance Costs The paperwork cost estimate conti nues to include a recordkeeping cost of $2 per item, increased to $4 for reduced fee filings and refund requests. These costs are not easily separable from such cos ts for certification in general, but reduced fee recordkeeping had an additional burden spec ified in the regulations (40 CFR 1027.120(e)) and therefore is estimated a s requiring an additional $2 per filing. Refund recordkeeping is also more burdensome and estimated at an additional $ 2 per filing. There are some postage costs for those manufacture rs who choose to submit checks and fee filing forms b y surface mail; the ir number is expected to decrease as online pay ments and online or email form filing options continue to increase in use
. Man y manufacturers who submit forms and checks through the mails rely on private mail services (such as11

FedEx). We have added a $3.00 reporting cost per submission as O&M cost for getting the forms to EPA (i.e., postage and handling)

. ( iii) Capital/Start

- up vs. Operating and Maintenance (O&M) Costs There are no capital or start

- up costs associated with this collection. 6(c) Estimating Agency

Burden The overall admin i stration of the fees program is conducted by a fees team in EPA’s Compliance and Innovative Strategies Division. Secondarily it is administered b y each of the certification representatives in the Division, who have a responsibility to determine that fees have been paid prior to certification review, and b y EPA’s contractor. In addition, EPA’s Office of Financial Services (OFS) keeps deposit records and processes fee refunds. Forty percent of one GS 12 f ull t ime e quivalent (FTE) employee, and sixty percent of one Senior Environmental Employee (SEE) Program employee (the SEE Program is an employ ment program for older workers authorized by the Environm ental Programs assistance Act, passed by Congress in l984, and provides employ ment opportunities to senior citizens age 55 and over) , are allocated to the fees team. An additional o ne percent of seven FTE and 17 SEE employees is also allocated to fees

- related activity in the process of certification reviews

. Government cost is based on a GS

- 1 2 salary

for professional engineers ( $59,383 per year) obtained from th e Office of Personal Management 2009 Salary Table ; and $12.74 per h our for SEE employees, with a 1.6 multiplier for overhead applied to both. The contract work for the upcoming period is $1 4 0,000 for fiscal ye ar 2010. The OFS cost is estimated as 302 hours and $9,565 annually

. The estimated total Agency cost is $2 26,170

. ( Recent annual fees receip ts are from $18 to $20 million a year, so administrative costs are less than 1.5%.) 6(d) Estimating the Respondent Universe and Total Burden and Costs Our certification fees database for model year 200 8 lists 495 separate manufacturers that submitted f ees. These respondents vary from large, multinational corporations to small independent commercial importers. Many small foreign manufacturers have recently entered the motorcycle and small, off

- road spark ignition engine certification process es . Roughl y 2 36 of the 4 95 can be considered small businesses. EPA queried its certification fees database and records for the numbers of fee filing forms, correction forms, miscellaneous payment forms, and refund r equest forms received, in paper, as attachments to emails, or downloaded from Pay .gov. Twenty percent of all pay

ments received were made via Pay .gov
. We also queried the number of fee filing forms that were assoc iated with reduced fee pay ments. These tallies are considered accurate to within five percent , except for correction forms, which is accurate to within ten percent

. (Correction form filings were estimated by a hand count of forms processed during November, 2009, multiplied by twelve.) It includes both on

- road and off

- road categories :12 Total ful l fee filing or misc ellaneous pay ments forms 3458 Total reduced fee forms 59 Correction forms 312 Refund request forms 68 TOTAL 3897 6(e) Bottom L ine Burden Hours and Cost (i) Respondent T all y Bottom

- line burden and costs per year for the combined on

- road and off

- road certification fees program are summarized in Table 1. EPA estimates a total of 3,897 responses and 1207.2 hours per ye ar for the next three ye ars at a total cost to the indu stry of $ 100,577 , of which $19,739 is allocated to O&M and the rest to labor. (ii) Agency

tall y EPA estimates that it takes approximately 2,0 49 hours and $2 26,170 per ye ar to administer the entire certification fees program. 6(f) Reasons For Change In Burden This cost estimate makes the same cost assumptions as the previous renewal. Changes in burden reflect nothing other than the changes in the volume of forms received. The model ye ar 2005 fees pay ment database contained 2096 pay ment entries, where as the model ye ar 2008 has 3517, an increase of 68%. Likewise the previous I CR estimated a total of 2 132 forms, whereas the count for model year 2008 is 3897, an 83% increase. Total costs, including labor, have correspondingl y increased from $57,226 to $10 0,577, an increase of 76%. This increase in fees traffic reflects new programs subject to fees (notabl y component certification of evaporative components), and large increases in several categories of certification requests, particularly small nonroad comp ression

ignition engines and motorcycles, with a large increase in applications from China.Table 1

Information Collection Activity Annual average burden and cost per response

Number of responses Annual

capital & startup costs Total Hours and Costs Mgr. @ $87.30/hr Tech. @ Clerical @ Hours per response total Labor

cost per response O&M

reporting per resp. O&M

recordkeeping per resp Total hours per year Total costs

per year $60.40/hr $30.50/hr Fee Filing Form 0.03 0.12 0.15 0.3 $14.44 $3. 00 $2.00 3458 0 1037.4 $67,230.44 Reduced Fee 0.6 0 0 0.6 $52.38 $3.00 $4.00 59 0 35.4 $3,503.42 Correction Form 0.03 0.12 0.15 0.3 $14.44 $3.00 $2.00 312 0 93.6 $6,065.90 Fee Refund Form 0.6 0 0 0.6 $52.38 $3.00 $4.00 68 0 40.8 $4,037.84 TOTAL Total O&M Cost = $19,739 3897 0 1207.2 $80,837.606(g) Burden Statement
T he annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.3 07 hours for each fee transaction . The total burden is 1,207.2 hours p er year with a total cost of $ 100,577 per ye ar. These estimates include time to review applicable regulations and guidance documents, generate and gather the necessary

information , and submit documents. Burden means the total time, effort, or financial re sources expended b y persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency . This includes the time needed to review instructions; develop, acquire, install, and utilize technology and sy stems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply

with any previously

applicable instructions and requirements; train personnel to be a

ble to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on the Agency's need for this information, the accuracy o f the provided burden estimates, and an y suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR

- 2003

- 0111, which is available for public viewing at the Air and Radiation Docket and Information Center, in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Air Docket is (202) 566

- 1742. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket . Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically . Once in the sy stem, select “s earch,” then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. (OAR

- 2003

- 0111) in any correspondence.15

Attachment I Legal Authority 42 USC 7552.

- Motor vehicle compliance program fees (a) Fee collection. Consistent with section 9701 of title 31, the Administrator may promulgate (and from time to time revise) regulations establishing fees to recover all reasonable costs to the Administrator associated with

- (1) new vehicle or engine certification under section 7525(a) of this title or part C of this subchapter, (2) new vehicle or engine compliance monitoring and testing under section 7525(b) of this title or part C of this subchapter, and (3) in

- use vehicle or engine compliance monitoring and testing under section 7541(c) of this title or part C of this subchapter. The Adminis trator may

establish for all foreign and domestic manufacturers a fee schedule based on such factors as the Administrator finds appropriate and equitable and nondiscriminatory , including the number of vehicles or engines produced under a certificate of con formity . In the case of heavy

- duty engine and vehicle manufacturers, such fees shall not exceed a reasonable amount to recover an appropriate portion of such reasonable costs. (b) Special Treasury

fund. Any

fees collected under this section shall be deposited in a special fund in the United States Treasury for licensing and other services which thereafter shall be available for appropriation, to remain available until expended, to carry out the Agency's activities for which the fees were collected. (c) Limitation on fund use. Money s in the special fund referred to in subsection (b) of this section shall not be used until after the first fiscal year commencing after the first July 1 when fees are paid into the fund. (d) Administrator's testing auth ority. Nothing in this subsection shall be construed to limit the Administrator's authority to require manufacturer or confirmatory testing as provided in this part

31 USC. 9701.

- Fees and charges for Government services and things of value (a) It i s the sense of Congress that each service or thing of value provided by an agency (except a mixed

- ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self

- sustaining to the extent po ssible.16

(b)The head of each agency (except a mixed

- ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided b y the agency . Regulations prescribed b y the heads of executive agencies are subject to policies prescribed b y the President and shall be as uniform as practicable. Each charge shall be

- (1) fair; and (2) based on

- (A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy

or inter est served; and (D) other relevant facts. (c)This section does not affect a law of the United States

- (1) prohibiting the determination and collection of charges and the disposition of those charges; and (2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases.